-----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, GMGfYj77yW4iEboQS8rAGkJtmQTHMasOQ7HwNAjAFVCuKp3n08/aYq/EWkeIgRm9 Y+9ISoRy1DPVhmGvrUPBjA== 0000098618-10-000017.txt : 20100319 0000098618-10-000017.hdr.sgml : 20100319 20100319172711 ACCESSION NUMBER: 0000098618-10-000017 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20100319 ITEM INFORMATION: Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20100319 DATE AS OF CHANGE: 20100319 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ALANCO TECHNOLOGIES INC CENTRAL INDEX KEY: 0000098618 STANDARD INDUSTRIAL CLASSIFICATION: COMPUTER STORAGE DEVICES [3572] IRS NUMBER: 860220694 STATE OF INCORPORATION: AZ FISCAL YEAR END: 0630 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-09347 FILM NUMBER: 10694984 BUSINESS ADDRESS: STREET 1: 15575 N 83RD WAY STREET 2: SUITE 3 CITY: SCOTTSDALE STATE: AZ ZIP: 85260 BUSINESS PHONE: 4806071010 MAIL ADDRESS: STREET 1: 15575 N 83RD WAY STREET 2: SUITE 3 CITY: SCOTTSDALE STATE: AZ ZIP: 85260 FORMER COMPANY: FORMER CONFORMED NAME: ALANCO ENVIRONMENTAL RESOURCES CORP DATE OF NAME CHANGE: 19930708 FORMER COMPANY: FORMER CONFORMED NAME: ALANCO RESOURCES CORP DATE OF NAME CHANGE: 19920703 FORMER COMPANY: FORMER CONFORMED NAME: ALANCO LTD DATE OF NAME CHANGE: 19901004 8-K 1 k8031910.txt DELIST PR, REPRIMAND LTR 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 March 19, 2010 ----------------- (Date of Report) ALANCO TECHNOLOGIES, INC. ------------------------- (Exact name of Registrant as specified in its charter) 0-9437 --------- (Commission File No.) ARIZONA 86-0220694 --------------------------- --------------------------------- (State of other jurisdiction( (IRS Employer Identification No.) 15575 N 83RD WAY, SUITE 3, SCOTTSDALE, ARIZONA 85260 ------------------------------------------------------- (Address of Principal Executive Office) (Zip Code) (480) 607-1010 ---------------------------------------------------- (Registrant's telephone number, including area code) 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): ( ) Written communication 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 Alanco Appeal of Failure to Satisfy a Continued Listing Rule or Standard. On March 16, 2010, the Company received a Nasdaq Staff Determination letter indicating that the Company fails to comply with the minimum $1.00 bid price requirement for continued listing as set forth in Nasdaq Listing Rule 5550(a)(2) (the "Rule") and that its securities are, therefore, subject to delisting from the Nasdaq Capital Market at the opening of business on March 25, 2010. Pursuant to the procedures set forth in the Nasdaq Listing Rule 5800 Series, the Company has elected to appeal the Nasdaq Staff's determination to the Nasdaq Hearings Panel (the "Panel"). Although there can be no assurance that the Panel will grant the Company's request for continued listing, the request for the hearing will stay the delisting of the Company's stock from the Nasdaq Capital Market pending the Panel's decision. A copy of the press release is attached. Item 8.01 Other Events In a separate event, the Company received a Letter of Reprimand dated March 17, 2010 for violation of Nasdaq's voting rights rule (previously discussed in a press release dated February 3, 2010) and policy set forth in Listing Rule 5640 and IM-5640 (collectively, the "Rules") as it pertains to voting rights of Series E Convertible Preferred Stock shareholders. Since the Company acted in a prompt and efficient manner to cure the deficiency after it received notification, Nasdaq's action was limited to a Letter of Reprimand. The potential maximum effect of over voting amounted to less than 1% of eligible votes and did not change the outcome of any proposal considered in the meeting. Item 9.01 Exhibit 99.1 March 19, 2010 press release entitled "Alanco Receives NASDAQ Listing Notification And Initiates Formal Appeal Process." SIGNATURES Date: March 19, 2010 By: /s/John A Carlson ----------------------- Chief Financial Officer EX-99 2 pr031910.txt PRESS RELEASE 031910 EXHIBIT 99.1 FOR IMMEDIATE RELEASE CONTACTS: Investor Relations John Carlson Exec VP & CFO 480-505-4869 Alanco Receives NASDAQ Listing Notification And Initiates Formal Appeal Process (Scottsdale, AZ - March 19, 2010) - Alanco Technologies, Inc., (NASDAQ: ALAN), announced today that it received a Staff Determination letter from NASDAQ on March 16, 2010, indicating that the Company does not comply with the minimum bid price requirements for continued listing as set forth in NASDAQ Listing Rule 5550(a)(2) (the "Rule"), and that its securities may be subject to delisting from the NASDAQ Capital Market. The Company has appealed the Staff determination and requested a hearing before the NASDAQ Hearings Panel (the "Panel"). Under NASDAQ Listing Rules, a request for a hearing stays the delisting action pending the issuance of a written determination by the Panel. Although, there can be no assurance that the Panel will grant the Company's request for continued listing, the Company's common stock will remain listed on the NASDAQ Capital Market pending the Panel's decision. Alanco Chairman and Chief Executive Officer, Robert R. Kauffman, commented, "The Company's management and Board are committed to maintaining our NASDAQ listing, and we intend to present a compelling case for grant of an additional extension of up to 180 days to regain minimum bid price compliance. Also, if absolutely necessary, we have stand-by shareholder authority to effect a reverse split as a final alternative to achieve the NASDAQ minimum $1.00 bid price listing requirement." Alanco Technologies, Inc. provides wireless monitoring and asset management solutions through its StarTrak Systems subsidiary. StarTrak Systems is the dominant provider of tracking, monitoring and control services to the refrigerated or "Reefer" segment of the transportation marketplace, enabling customers to increase efficiency and reduce costs of the refrigerated supply chain. For more information, visit the Alanco website at www.alanco.com or StarTrak Systems at www.startrak.com. EXCEPT FOR HISTORICAL INFORMATION, THE STATEMENTS CONTAINED IN THIS PRESS RELEASE ARE FORWARD-LOOKING STATEMENTS MADE PURSUANT TO THE SAFE HARBOR PROVISIONS OF THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995. ALL SUCH FORWARD-LOOKING STATEMENTS ARE SUBJECT TO, AND ARE QUALIFIED BY, RISKS AND UNCERTAINTIES THAT COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY FROM THOSE EXPRESSED OR IMPLIED BY THOSE STATEMENTS. THESE RISKS AND UNCERTAINTIES INCLUDE, BUT ARE NOT LIMITED TO, REDUCED DEMAND FOR INFORMATION TECHNOLOGY EQUIPMENT; COMPETITIVE PRICING AND DIFFICULTY MANAGING PRODUCT COSTS; DEVELOPMENT OF NEW TECHNOLOGIES THAT MAKE THE COMPANY'S PRODUCTS OBSOLETE; RAPID INDUSTRY CHANGES; FAILURE OF AN ACQUIRED BUSINESS TO FURTHER THE COMPANY'S STRATEGIES; THE ABILITY TO MAINTAIN SATISFACTORY RELATIONSHIPS WITH LENDERS AND REMAIN IN COMPLIANCE WITH FINANCIAL LOAN COVENANTS AND OTHER REQUIREMENTS UNDER CURRENT BANKING AGREEMENTS; AND THE ABILITY TO SECURE AND MAINTAIN KEY CONTRACTS AND RELATIONSHIPS. # # # -----END PRIVACY-ENHANCED MESSAGE-----