-----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, HUhswkM28mV5aItcm6+P9i6zBSjynUOf/b4DW8WUWMbLaXzFFkPBBIDMdyXgQPit t1JKCOlMiNQt4G8mxnbL+Q== 0000950134-07-020451.txt : 20070925 0000950134-07-020451.hdr.sgml : 20070925 20070925163510 ACCESSION NUMBER: 0000950134-07-020451 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20070919 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: 20070925 DATE AS OF CHANGE: 20070925 FILER: COMPANY DATA: COMPANY CONFORMED NAME: KITTY HAWK INC CENTRAL INDEX KEY: 0000932110 STANDARD INDUSTRIAL CLASSIFICATION: AIR TRANSPORTATION, NONSCHEDULED [4522] IRS NUMBER: 752564006 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-32284 FILM NUMBER: 071134336 BUSINESS ADDRESS: STREET 1: P O BOX 612787 STREET 2: 1515 W 20TH ST CITY: DALLAS/FT WORTH INTN STATE: TX ZIP: 75261 BUSINESS PHONE: 9724562200 MAIL ADDRESS: STREET 1: P O BOX 612787 STREET 2: 1515 W 20TH ST CITY: DALLAS/FT WORTH INTN STATE: TX ZIP: 75261 8-K 1 d50135e8vk.htm FORM 8-K e8vk
 

 
 
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): September 19, 2007
 
Kitty Hawk, Inc.
(Exact name of registrant as specified in its charter)
         
Delaware
(State or other jurisdiction of
incorporation)
  001-32284
(Commission File Number)
  75-2564006
(I.R.S. Employer
Identification No.)
         
1515 West 20th Street
P.O. Box 612787
DFW International Airport,
Texas       75261
(Address of principal
executive offices)
      (Zip Code)
Registrant’s telephone number, including area code: (972) 456-2200
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 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
On September 19, 2007, Kitty Hawk, Inc. (the “Company”) received a written notice from the American Stock Exchange (“AMEX”) advising that the Company was not in compliance with certain of AMEX’s continued listing standards. The notice indicates that as a result of the Company’s continued losses during two of the last three years and its current shareholders’ equity of less than $2,000,000, the Company is below certain of AMEX’s continued listing standards as specified in Sections 1003(a)(i) and 1003(a)(iv) of the AMEX Company Guide.
In order to maintain its AMEX listing, the Company must submit a plan by October 19, 2007, advising AMEX of action it has taken or will take to bring the Company into compliance with the continued listing standards by March 19, 2009. Acceptance of such plan is at the discretion of AMEX. If the plan is accepted, the Company will be able to continue its listing during the plan period, during which time it will be subject to periodic review to determine whether it is making progress consistent with the plan. If the Company is not in compliance with the listing standards by March 19, 2009 or fails the periodic reviews, AMEX will initiate delisting proceedings. If the Company does not submit a plan, or if it submits a plan that is not accepted, it may be subject to delisting proceedings.
The Company, at this time, is planning to prepare and submit, in a timely manner, a plan in accordance with AMEX requirements. The Company has already contacted AMEX to confirm receipt of the notice and to advise the staff of AMEX that it intends to submit a plan. There is no guarantee that the Company will be able to complete and timely file a plan, that the plan will be accepted by AMEX or that it will be able to make progress consistent with the plan if it is accepted. Prior to filing the plan and, if a plan is timely filed, while the plan is under review by AMEX, the Company expects that its common stock will continue to trade on AMEX.
ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS.
(c) EXHIBITS.
     
Exhibit No.   Description
99.1
  Press release of Kitty Hawk, Inc. dated September 25, 2007

 


 

SIGNATURES
     Pursuant to the requirements of the Securities Exchange Act of 1934, the Company has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
         
  KITTY HAWK, INC.
 
 
  By:   /s/ Steven E. Markhoff    
    Name:   Steven E. Markhoff   
    Title:   Corporate Secretary   
 
Date: September 25, 2007

 

EX-99.1 2 d50135exv99w1.htm PRESS RELEASE exv99w1
 

Exhibit 99.1
KITTY HAWK RECEIVES NOTICE FROM AMEX
DALLAS, September 25, 2007. Kitty Hawk, Inc. (AMEX: KHK), the parent company of Kitty Hawk Cargo, Inc., Kitty Hawk Ground, Inc. and Kitty Hawk Aircargo, Inc., today announced that on September 19, 2007, it received a notice from the American Stock Exchange (AMEX). The notice indicates that as a result of the Company’s continued losses during two of the last three years and its current shareholders’ equity of less than $2,000,000, the Company is below certain of AMEX’s continued listing standards as specified in Sections 1003(a)(i) and 1003(a)(iv) of the AMEX Company Guide.
The Company, at this time, is planning to prepare and submit, in a timely manner, a plan in accordance with AMEX requirements to demonstrate the Company’s ability to regain compliance by March 19, 2009. If the plan is accepted, the Company may be able to continue its listing during the plan period subject to periodic review to determine that progress is consistent with the plan. If the Company’s plan is not accepted by AMEX, the Company will be subject to delisting procedures as set forth in the AMEX Company Guide. There is no guarantee that the Company will be able to complete and timely file a plan, that the plan will be accepted by AMEX or that it will be able to make progress consistent with the plan if it is accepted.
Pending a decision by the AMEX listing qualifications staff regarding the Company’s plan, the Company will remain listed on AMEX.
About Kitty Hawk, Inc.
www.kittyhawkcompanies.com
A recognized leader in customer service, Kitty Hawk is the premier provider of guaranteed, mission-critical, overnight air, second-morning air and expedited ground freight transportation with door to door delivery options to major business centers, international freight gateways and surrounding communities throughout North America, including: Alaska; Hawaii; Toronto and Vancouver, Canada; and Puerto Rico. Kitty Hawk’s scheduled freight network and award-winning guaranteed overnight air or expedited ground products are ideal for heavy-weight (over 150 lbs.) high-value or high-security freight, special goods with unique dimensions, perishables, animals and/or other shipments requiring special handling.
With more than 30 years experience in the aviation and air freight industries, Kitty Hawk plays a key connecting role in the global supply chain. Kitty Hawk serves the logistics needs of more than 1,000 freight forwarders, integrated carriers, domestic and international airlines and logistics companies with its extensive integrated air and ground network, fleet of reliable Boeing 737-300SF and 727-200 cargo aircraft, as well as a 240,000 square-foot cargo warehouse, U.S. Customs clearance and sort facility at its Fort Wayne, Indiana hub.
Kitty Hawk launched its coast-to-coast and border-to-border expedited ground network in late 2005 and, through its wholly-owned subsidiary, Kitty Hawk Ground, acquired the majority of the assets of Air Container Transport (ACT), the dominant expedited airport-to-airport freight trucking company operating primarily along the West Coast, from southwestern Canada to San Diego.
Statement under the Private Securities Litigation Reform Act:

 


 

This report may contain forward-looking statements that are intended to be subject to the safe harbor protection provided by Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. These statements relate to future events or future financial and operating performance and involve known and unknown risks and uncertainties that may cause actual results or performance to be materially different from those indicated by any forward-looking statements. In some cases, you can identify forward-looking statements by terminology such as “forecast,” “may,” “will,” “could,” “should,” “expect,” “intends,” “plan,” “believe,” “potential” or other similar words indicating future events or contingencies. Some of the things that could cause actual results to differ from expectations are: economic conditions; the impact of high fuel prices; our inability to successfully implement and operate our expanded scheduled airport-to-airport expedited ground freight network; failure of key suppliers and vendors to perform; our inability to attract sufficient customers at economical prices for our air network or ground network; unforeseen increases in liquidity and working capital requirements related to our air and ground network; potential competitive responses from other operators of nationwide airport-to-airport ground freight networks; the continued impact of terrorist attacks, global instability and potential U.S. military involvement; the Company’s significant lease obligations and indebtedness; the competitive environment and other trends in the Company’s industry; changes in laws and regulations; changes in the Company’s operating costs including fuel; changes in the Company’s business plans; interest rates and the availability of financing; limitations upon financial and operating flexibility due to the terms of our revolving facility; liability and other claims asserted against the Company; labor disputes; the Company’s ability to attract and retain qualified personnel; and inflation. For a discussion of these and other risk factors, see the Company’s most recent Annual Report on Form 10-K and Quarterly Reports on Form 10-Q filed with the Securities and Exchange Commission. All of the forward-looking statements are qualified in their entirety by reference to the risk factors discussed therein. These risk factors may not be exhaustive. The Company operates in a continually changing business environment, and new risk factors emerge from time to time. Management cannot predict such new risk factors, nor can it assess the impact, if any, of such new risk factors on the Company’s business or events described in any forward-looking statements. The Company disclaims any obligation to publicly update or revise any forward-looking statements after the date of this release to conform them to actual results.

 

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