-----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, KLTz9+2my9s+bRd/0TDFxYyq5CeJYmvDGDItVtanO6OmnmriZZrhs+Bis5gsKzIK x7vKGhOssOS39xFvApNH9g== 0000876661-09-000088.txt : 20090126 0000876661-09-000088.hdr.sgml : 20090126 20090126145411 ACCESSION NUMBER: 0000876661-09-000088 CONFORMED SUBMISSION TYPE: 25-NSE/A PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20090126 DATE AS OF CHANGE: 20090126 EFFECTIVENESS DATE: 20090126 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: FAIRCHILD CORP CENTRAL INDEX KEY: 0000009779 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-APPAREL & ACCESSORY STORES [5600] IRS NUMBER: 340728587 STATE OF INCORPORATION: DE FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: 25-NSE/A SEC ACT: 1934 Act SEC FILE NUMBER: 001-06560 FILM NUMBER: 09545278 BUSINESS ADDRESS: STREET 1: 1750 TYSONS BOULEVARD STREET 2: SUITE 1400 CITY: MCLEAN STATE: VA ZIP: 22102 BUSINESS PHONE: 7034785800 MAIL ADDRESS: STREET 1: 1750 TYSONS BOULEVARD STREET 2: SUITE 1400 CITY: MCLEAN STATE: VA ZIP: 22102 FORMER COMPANY: FORMER CONFORMED NAME: BANNER INDUSTRIES INC /DE/ DATE OF NAME CHANGE: 19901118 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: NEW YORK STOCK EXCHANGE INC CENTRAL INDEX KEY: 0000876661 IRS NUMBER: 000000000 STATE OF INCORPORATION: NY FILING VALUES: FORM TYPE: 25-NSE/A 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 25-NSE/A 1 primary_doc.xml X0203 0000876661 NEW YORK STOCK EXCHANGE INC 9779 FAIRCHILD CORP 001-06560
1750 Tysons Boulevard, Suite 1400 McLean VA VIRGINIA 22102
(703) 478-5800
Class A Common Stock 17 CFR 240.12d2-2(b) Paras Madho Director 2009-01-26
EX-99.25 2 ruleprovisionnotice.htm NOTIFICATION OF THE REMOVAL FROM LISTING AND REGISTRATION OF THE STATED SECURITIES New York Stock Exchange LLC (the 'Exchange' or the 'NYSE') hereby notifies the Securities and Exchange Commission (the 'Commission') of its intention to remove the entire class of Class A Common Stock (the 'Class A Common Stock') of The Fairchild Corporation (the 'Company') from listing and registration on the Exchange at the opening of business on February 5, 2009, pursuant to the provisions of Rule 12d2-2 (b), because, in the opinion of the Exchange, the Class A Common Stock are no longer suitable for continued listing and trading on the Exchange. The Company had fallen below the Exchange's continued listing standard regarding average global market capitalization over a consecutive 30 trading day period of not less than $25 million, which is viewed as minimum threshold for continued listing. In addition, the Company has also fallen below the NYSE's continued listing standard for average share price over a consecutive 30 trading day period of not less than $1.00. 1. The Exchange's Listed Company Manual, Sections 802.01B states, in part, that the Exchange would promptly delist a security of either a domestic or non-U.S. issuer when: The issuer's average global market capitalization over a consecutive 30 trading-day period falls below $25,000,000 regardless of the original standard under which the issued listed. 2. The Exchange, on January 5, 2009, determined that the Class A Common Stock should be suspended from trading before the opening of the trading session on January 9, 2009, and directed the preparation and filing with the Commission of this application for the removal of the Class A Common Stock from listing and registration on the Exchange. The Company was notified by letter on January 5, 2009. 3. Pursuant to the above authorization, a press release was issued on January 5, 2009, and an announcement was made on the 'ticker' of the Exchange at the close of the trading session on January 5, 2009 and other various dates of the proposed suspension of trading in the Class A Common Stock. Similar information was included on the Exchange's website. Trading in the Class A Common Stock on the Exchange was suspended before the opening of the trading session on January 9, 2009. 4. The Company had a right to appeal to the Committee for Review of the Board of Directors of NYSE Regulation the determination to delist its Class A 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 delisting determination. The Company did not file such request within the specific time period.
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