-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, VKItBqYT8gi3KAQZUGwFzLB4bFmO72dJhJHMzzIzfzvrA/hQc8iuXrWj7KHqrEKW m0F6tUNFBK/Kp9uFJNb8WQ== 0001144204-09-037390.txt : 20090715 0001144204-09-037390.hdr.sgml : 20090715 20090715123927 ACCESSION NUMBER: 0001144204-09-037390 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20090713 ITEM INFORMATION: Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20090715 DATE AS OF CHANGE: 20090715 FILER: COMPANY DATA: COMPANY CONFORMED NAME: AMERICAN BIO MEDICA CORP CENTRAL INDEX KEY: 0000896747 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 141702188 STATE OF INCORPORATION: NY FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-28666 FILM NUMBER: 09945408 BUSINESS ADDRESS: STREET 1: 122 SMITH ROAD CITY: KINDERHOOK STATE: NY ZIP: 12106 BUSINESS PHONE: 5187588158 MAIL ADDRESS: STREET 1: 122 SMITH ROAD CITY: KINDERHOOK STATE: NY ZIP: 12106 8-K 1 v154837_8k.htm
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C.  20549
 
FORM 8-K
 
CURRENT REPORT
Pursuant to Section 13 or 15(d) of The Securities Exchange Act of 1934
 
Date of report (Date of earliest event reported):  July 13, 2009
 
AMERICAN BIO MEDICA CORPORATION
(Exact Name of Registrant as Specified in its Charter)

New York
0-28666
14-1702188
(State or other jurisdiction of incorporation)
(Commission File Number)
(IRS Employer Identification Number)
     
122 Smith Road, Kinderhook, NY
 
12106
Address of principal executive offices
 
Zip Code
 
Registrant’s telephone number, including area code:  518-758-8158
 
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 (see General Instruction A.2. below):
 
o    Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
 
o    Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
 
o    Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
 
o    Pre-commencement communications pursuant to Rule 13c-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.

On July 13, 2009, American Bio Medica Corporation (the “Company”) received notice from the NASDAQ Stock Market (“NASDAQ”) stating that NASDAQ has determined that it is appropriate to continue the temporary suspension of the bid price and market value of publicly held shares requirements for approximately two (2) additional weeks, or until July 31, 2009. NASDAQ stated that the extension will provide some additional time for market conditions to return to normal, and for the Company to develop a plan to regain compliance with the continued listing requirements.
 
Based on discussions with the United States Securities and Exchange Commission (“SEC”), NASDAQ does not expect any further extensions of the suspension.
 
Since the Company had twenty two (22) calendar days remaining in its bid price compliance period when the suspension began, it will, upon reinstatement of the rules on August 3, 2009, still have this number of days, or until August 24, 2009 to regain compliance. The Company can regain compliance, either during the suspension or during the compliance period resuming after the suspension, by achieving a $1.00 closing bid price for a minimum of ten (10) consecutive trading days.
 
The NASDAQ notice has no effect on the listing of ABMC’s common stock on The NASDAQ Capital Market at this time.

 
Item 9.01 
Financial Statements and Exhibits
 
(d)
Exhibits
 
 
The following exhibit is filed with this report on Form 8-K
 
 
Exhibit 99.1 – American Bio Medica Corporation Press Release issued July 15, 2009
 
 
 

 

SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
 
 
AMERICAN BIO MEDICA CORPORATION
(Registrant)
 
       
 
By:
/s/ Melissa A. Waterhouse  
    Melissa A. Waterhouse  
   
Vice President & Chief Compliance Officer
Corporate Secretary
 
       
 
Dated: July 15, 2009

 
 

 
EX-99.1 2 v154837_ex99-1.htm
EXHIBIT 99.1
 

 
FOR IMMEDIATE RELEASE:
 
NASDAQ CONTINUES TEMPORARY SUSPENSION OF BID PRICE AND MARKET VALUE OF PUBLICLY HELD SHARES REQUIREMENTS

KINDERHOOK, NY, July 15, 2009 – American Bio Medica Corporation (NASDAQ:ABMC) has received notice from the NASDAQ Stock Market (“NASDAQ”) that NASDAQ has determined to continue the temporary extension of the bid price and market value of publicly held shares requirements, for approximately two additional weeks, or until July 31, 2009. Based on discussions with the Securities and Exchange Commission, NASDAQ does not expect any further extensions of the suspension. Based on this notice, upon reinstatement of the rules on August 3, 2009, ABMC will have until August 24, 2009 to regain compliance. ABMC can regain compliance, either during the suspension or during the compliance period resuming after the suspension, by achieving a $1.00 closing bid price for a minimum of 10 consecutive trading days.
 
The NASDAQ notice has no effect on the listing of ABMC’s common stock on The NASDAQ Capital Market at this time.
 
For more information on American Bio Medica Corporation or its products, please visit www.abmc.com.
 
About American Bio Medica Corporation
 
American Bio Medica Corporation is a biotechnology company that develops manufactures and markets accurate, cost-effective immunoassay diagnostic test kits, including some of the world’s most effective point of collection tests for drugs of abuse. The Company and its worldwide distribution network target the workplace, government, corrections, clinical and educational markets. ABMC’s Rapid Drug Screen®, Rapid ONE®, Rapid TEC®, RDS® InCup®, Rapid TOX® and Rapid TOX Cup® products test for the presence or absence of drugs of abuse in urine, while OralStat® and Rapid STAT™ tests for the presence or absence of drugs of abuse in oral fluids.  ABMC’s Rapid Reader® is a compact, portable device that, when connected to any computer, interprets the results of an ABMC drug screen, and sends the results to a data management system, enabling the test administrator to easily manage their drug testing program.
 
This release may contain forward-looking statements. These forward-looking statements involve risks and uncertainties that could cause actual results to differ, and such differences could be material. Such risks and uncertainties include, but are not limited to, the following: continued acceptance of the Company's products, increased levels of competition in our industry, the acceptance of new products, inherent risks associated with product development, regulatory approvals and intellectual property rights, the Company’s dependence on key personnel, third party sales and suppliers. There can be no assurance that the Company will be successful in addressing such risks and uncertainties and the Company assumes no duty to update any forward-looking statements based upon actual results. Investors are strongly encouraged to review the section entitled "Risk Factors" in the Company's annual report on Form 10-K for the fiscal year ended December 31, 2008, and quarterly reports on Form 10-Q on file with the Securities and Exchange Commission for a discussion of risks and uncertainties that could affect operating results and the market price of the Company's common shares.
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