0000876661-15-000352.txt : 20150807 0000876661-15-000352.hdr.sgml : 20150807 20150807111033 ACCESSION NUMBER: 0000876661-15-000352 CONFORMED SUBMISSION TYPE: 25-NSE PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20150807 DATE AS OF CHANGE: 20150807 EFFECTIVENESS DATE: 20150807 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: Alpha Natural Resources, Inc. CENTRAL INDEX KEY: 0001301063 STANDARD INDUSTRIAL CLASSIFICATION: BITUMINOUS COAL & LIGNITE SURFACE MINING [1221] IRS NUMBER: 421638663 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 25-NSE SEC ACT: 1934 Act SEC FILE NUMBER: 001-32331 FILM NUMBER: 151035715 BUSINESS ADDRESS: STREET 1: ONE ALPHA PLACE STREET 2: P.O. BOX 16429 CITY: BRISTOL STATE: VA ZIP: 24209 BUSINESS PHONE: 276-619-4410 MAIL ADDRESS: STREET 1: ONE ALPHA PLACE STREET 2: P.O. BOX 16429 CITY: BRISTOL STATE: VA ZIP: 24209 FORMER COMPANY: FORMER CONFORMED NAME: Foundation Coal Holdings, Inc. DATE OF NAME CHANGE: 20040819 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: NEW YORK STOCK EXCHANGE LLC CENTRAL INDEX KEY: 0000876661 IRS NUMBER: 000000000 STATE OF INCORPORATION: NY FILING VALUES: FORM TYPE: 25-NSE BUSINESS ADDRESS: STREET 1: 11 WALL STREET CITY: NEW YORK STATE: NY ZIP: 10005 BUSINESS PHONE: 212-656-2060 MAIL ADDRESS: STREET 1: 11 WALL STREET CITY: NEW YORK STATE: NY ZIP: 10005 FORMER COMPANY: FORMER CONFORMED NAME: NEW YORK STOCK EXCHANGE INC DATE OF NAME CHANGE: 19910628 25-NSE 1 primary_doc.xml X0203 0000876661 NEW YORK STOCK EXCHANGE LLC 1301063 Alpha Natural Resources, Inc. 001-32331
One Alpha Place Bristol VA VIRGINIA 24202
(276) 619-4410
Common Stock 17 CFR 240.12d2-2(b) Benjamin Sawyer Manager 2015-08-07
EX-99.25 2 ruleprovisionnotice.htm New York Stock Exchange LLC (the 'Exchange' or the 'NYSE') hereby notifies the Securities and Exchange Commission ('SEC') of its intention to remove the entire class of common stock (the 'Common Stock') of Alpha Natural Resources, Inc. (the 'Company') from listing and registration on the Exchange at the opening of business on August 18 , 2015 pursuant to the provisions of Rule 12d2-2(b), because, in the opinion of the Exchange, the Common Stock is no longer suitable for continued listing and trading on the Exchange. NYSE Regulation reached its decision to delist the Common Stock pursuant to Section 802.01D of the Listed Company Manual (the 'Manual') because of its 'abnormally low' trading price. In addition, the Company previously fell below the NYSE’s continued listing standard in Section 802.01C of the Manual requiring listed companies to maintain an average closing price per share of not less than $1.00 over a consecutive 30 trading day period. 1. Section 802.01D of the Manual states that the Exchange would normally give consideration to suspending or removing from the list a security of a company when it has an abnormally low selling price or volume of trading. 2. NYSE Regulation, on July 16, 2015, determined that the Common Stock of the Company should be suspended immediately from trading, and directed the preparation and filing with the SEC of this application for the removal of the Common Stock from listing and registration on the Exchange. The Company was notified by phone and letter on July 16, 2015. 3. Pursuant to the above authorization of the suspension of trading the Common Stock, a press release announcing the suspension was issued on July 16, 2015. In addition, an announcement was made immediately on the 'ticker' of the Exchange and at the close of the trading session on July 16, 2015. Similar information was included on the Exchange’s website. 4. The Company had a right to appeal to the Committee for Review (the 'Committee') of the Board of Directors of NYSE Regulation the determination to delist the Common Stock, provided that it filed a written request for such a review with the Secretary of the Exchange within ten business days of receiving notice of the delisting determination. The Company did not file such request within the specified time period. Consequently, all conditions precedent under SEC Rule 12d2-2(b) to the filing of this application have been satisfied.