-----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, LxGyqEC2pw0KJ8gv7xdRhm9lp4D1nmLpPQkbzF6QHJADJcYOQftZKl2KOI3gahlj TqBZmfg/qCpvRlVAxJyuqA== 0000921895-04-000854.txt : 20040528 0000921895-04-000854.hdr.sgml : 20040528 20040528163834 ACCESSION NUMBER: 0000921895-04-000854 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040526 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20040528 FILER: COMPANY DATA: COMPANY CONFORMED NAME: NYFIX INC CENTRAL INDEX KEY: 0000099047 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-COMPUTER INTEGRATED SYSTEMS DESIGN [7373] IRS NUMBER: 061344888 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-21324 FILM NUMBER: 04838892 BUSINESS ADDRESS: STREET 1: 333 LUDLOW STREET CITY: STAMFORD STATE: CT ZIP: 06902 BUSINESS PHONE: 2034258000 FORMER COMPANY: FORMER CONFORMED NAME: TRINITECH SYSTEMS INC DATE OF NAME CHANGE: 19940404 FORMER COMPANY: FORMER CONFORMED NAME: TRANS AIRE ELECTRONICS INC DATE OF NAME CHANGE: 19910916 8-K 1 form8k01805_05262004.htm sec document

                       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): May 26, 2004
                                                           ------------

                                   NYFIX, INC.
             (Exact name of registrant as specified in its charter)


Delaware                            0-21324                   06-1344888
- --------------------------------------------------------------------------------
(State or other jurisdiction        (Commission             (IRS Employer
of incorporation)                   File Number)            Identification No.)

                 333 Ludlow Street, Stamford, Connecticut 06902
                 ----------------------------------------------
                    (Address of principal executive offices)


        Registrant's telephone number, including area code: 203-425-8000

             ------------------------------------------------------
         (Former name or former address, if changed since last report.)







Item 5.     Other Events and Regulation FD Disclosure.
            -----------------------------------------

            On May 26, 2004, NYFIX, Inc. (the "Company") affirmed its previously
announced  delay in filing  its  quarterly  report on Form 10-Q for the  quarter
ending March 31, 2004 (the "Form 10-Q") and its  expectation  of filing in a few
days.  The text of a press release issued by the Company is furnished as Exhibit
99.1 and is incorporated  herein by reference.  Subsequent to the press release,
the Company filed the Form 10-Q.

Item 7.     Financial Statements, Pro Forma Financial Information and Exhibits.
            ------------------------------------------------------------------

(c)         Exhibits

            Exhibit No.       Exhibits
            -----------       --------

            99.1              Press release of NYFIX, Inc. dated May 26, 2004.






                                    SIGNATURE

            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.


                                   NYFIX, INC.



                                   By: /s/ Brian Bellardo
                                       ----------------------
                                       Brian Bellardo
                                       Secretary
May 26, 2004

EX-99.1 2 ex991to8k_05262004.htm sec document

                                                                    EXHIBIT 99.1

FOR IMMEDIATE RELEASE

COMPANY CONTACT:
Jennifer Carberry
NYFIX, Inc.
(203) 425-8000 or
info@nyfix.com
www.nyfix.com

          NYFIX AFFIRMS PREVIOUSLY ANNOUNCED DELAY IN FILING QUARTERLY
           REPORT ON FORM 10-Q AND EXPECTATION OF FILING IN A FEW DAYS

STAMFORD, CT, May 26, 2004: NYFIX, Inc. (NASDAQ:  NYFXE), a leader in technology
solutions for the financial  marketplace,  today affirmed,  as it had previously
announced  on May 17, 2004,  that there will be a delay in filing its  quarterly
report on Form 10-Q for the quarter  ending March 31, 2004,  originally  due May
10, 2004. However, as also previously announced, the Company expects to file its
Form 10-Q and its  Annual  Report on Form 10-K for the year ended  December  31,
2003 in the next few days.

As previously  announced,  the Company has appealed a notification  by Nasdaq of
noncompliance  with Nasdaq's  listing  requirements  because the Company had not
timely  filed its 2003 Form 10-K.  Nasdaq  notified  the Company on May 19, 2004
that the  Company  is not in  compliance  with the Nasdaq  listing  requirements
(Marketplace Rule 4310(c)(14)) because the Company had not timely filed its Form
10-Q and will consider such noncompliance in rendering its decision. The Company
has  requested  an  extension  to May  30,  2004  to  meet  the  Nasdaq  listing
requirements and is awaiting a decision on its request.

Upon  completion of the  Company's  filings,  the Company  expects it will be in
compliance  with its SEC reporting  obligations,  at which time the Company will
request that Nasdaq dismiss the pending delisting action against the Company and
permit the  Company's  common  stock to resume  trading  on the Nasdaq  National
Market System under the symbol NYFX.

ABOUT NYFIX, INC.

NYFIX,  Inc.  is an  established  provider  to the  domestic  and  international
financial  markets  of  trading  workstations,  middle-office  trade  automation
technologies and trade communication  technologies.  Our NYFIX Network is one of
the industry's  largest networks,  connecting  broker-dealers,  institutions and
exchanges.  In addition to our headquarters in Stamford, we have offices on Wall
Street in New York City, in London's Financial District,  in Chicago, and in San
Francisco.  We operate three data centers in the northeastern  United States and
data center hubs in London and  Amsterdam.  For more  information,  please visit
www.nyfix.com and www.javtech.com.

THIS  PRESS  RELEASE  CONTAINS  CERTAIN  FORWARD-LOOKING  STATEMENTS  WITHIN THE
MEANING OF SECTION 27A OF THE  SECURITIES  ACT OF 1933, AS AMENDED,  AND SECTION
21E OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, WHICH ARE INTENDED TO BE
COVERED BY THE SAFE HARBORS  CREATED  THEREBY.  INVESTORS ARE CAUTIONED THAT ALL
FORWARD-LOOKING  STATEMENTS  INVOLVE RISKS AND  UNCERTAINTY,  INCLUDING  WITHOUT
LIMITATION,  THE  ABILITY OF THE  COMPANY TO MARKET AND  DEVELOP  ITS  PRODUCTS.
ALTHOUGH   THE   COMPANY   BELIEVES   THAT  THE   ASSUMPTIONS   UNDERLYING   THE
FORWARD-LOOKING   STATEMENTS  CONTAINED  HEREIN  ARE  REASONABLE,   ANY  OF  THE
ASSUMPTIONS COULD BE INACCURATE,  AND THEREFORE,  THERE CAN BE NO ASSURANCE THAT
THE  FORWARD-LOOKING  STATEMENTS INCLUDED IN THIS PRESS RELEASE WILL PROVE TO BE
ACCURATE.   IN  LIGHT  OF  THE   SIGNIFICANT   UNCERTAINTIES   INHERENT  IN  THE
FORWARD-LOOKING  STATEMENTS  INCLUDED HEREIN,  THE INCLUSION OF SUCH INFORMATION
SHOULD NOT BE REGARDED AS A  REPRESENTATION  BY THE COMPANY OR ANY OTHER  PERSON
THAT THE OBJECTIVES AND PLANS OF THE COMPANY WILL BE ACHIEVED.


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