UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
_________________________
FORM 8-K/A
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
_________________________
Date of Report (Date of earliest event reported) March 16, 2017
THE BON-TON STORES, INC.
(Exact name of registrant as specified in its charter)
| Pennsylvania | 0-19517 | 23-2835229 | ||
| (State or Other Jurisdiction | (Commission File | (IRS Employer | ||
| of Incorporation) | Number) | Identification No.) |
2801 E. Market Street, York, Pennsylvania 17402
(Address of Principal Executive Offices)
717-757-7660
(Registrant’s Telephone Number, including Area Code)
Not Applicable
(Former Name or Former Address, If Changed Since Last Report)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
| ☐ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| ☐ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| ☐ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| ☐ | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
| Item 3.01 | Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing. |
This Amendment on Form 8-K/A is an amendment to the Current Report on Form 8-K of The Bon-Ton Stores, Inc. (the “Company”) dated March 15, 2017.
On March 16, 2017, The Nasdaq Stock Market notified the Company that it is withdrawing the March 9, 2017 staff deficiency letter notifying the Company that for the past 30 consecutive business days prior to the date of the letter, the market value of “publicly held” shares of the Company was less than $15 million, which does not meet the requirement for continued listing on The Nasdaq Global Select Market, as required by Nasdaq Listing Rule 5450(b)(3)(C) (the “MVPHS Rule”). The Company continues to remain in compliance with the Nasdaq Global Select Market continued listing requirements.
| Item 9.01. | Financial Statements and Exhibits. |
(d) Exhibits
99.1 Press Release issued March 17, 2017 regarding Nasdaq’s withdrawal of its March 9, 2017 notice that the Company did not meet continued listing standards.
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| The Bon-Ton Stores, Inc. | ||
| By: | /s/ Nancy A. Walsh | |
| Nancy A. Walsh | ||
| Executive Vice President—Chief Financial Officer | ||
Dated: March 17, 2017
EXHIBITS
| Exhibit Number |
Description of Exhibit | |
| 99.1 | Press Release issued March 17, 2017. |
EXHIBIT 99.1
The Bon-Ton Stores, Inc. Announces Nasdaq’s Withdrawal of Deficiency Notice
YORK, Pa., March 17, 2017 (GLOBE NEWSWIRE) -- The Bon-Ton Stores, Inc. (NASDAQ:BONT) announced today that Nasdaq has withdrawn its notification of potential delisting related to the minimum market value of publicly held shares issued on March 9, 2017. Following discussions with the Company regarding publicly held shares outstanding, Nasdaq determined that Bon-Ton meets the required minimum market value of publicly held shares for continued listing on the Nasdaq Global Select Market.
About The Bon-Ton Stores, Inc.
The Bon-Ton Stores, Inc., with corporate headquarters in York, Pennsylvania and Milwaukee, Wisconsin, operates 263 stores, which includes nine furniture galleries and four clearance centers, in 25 states in the Northeast, Midwest and upper Great Plains under the Bon-Ton, Bergner's, Boston Store, Carson's, Elder-Beerman, Herberger's and Younkers nameplates. The stores offer a broad assortment of national and private brand fashion apparel and accessories for women, men and children, as well as cosmetics and home furnishings. The Bon-Ton Stores, Inc. is an active and positive participant in the communities it serves. For further information, please visit http://investors.bonton.com.
CONTACT:
Investor Relations
Jean Fontana
ICR, Inc.
646.277.1214
jean.fontana@icrinc.com