Diomed Holdings Inc - Current report filing (8-K)
March 11 2008 - 1:29PM
Edgar (US Regulatory)
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
11, 2008
Diomed
Holdings, Inc.
Delaware
(State
or other jurisdiction of incorporation)
|
000-32045
(Commission
File Number)
|
84-1480636
(IRS
Employer Identification No.)
|
1
Dundee Park
Andover,
MA
(Address
of Principal Executive Offices)
|
01810
(Zip
Code)
|
Registrant’s
telephone number, including area code:
(978-475-7771)
ITEM
3.01.
Notice
of Delisting or Failure to Satisfy a Continued Listing Rule or Standard;
Transfer of Listing
.
On
March
10, 2008, the American Stock Exchange (“AMEX”) notified Diomed Holdings, Inc.
(the “Company”) that the AMEX intends to strike the listing of the Company’s
common stock from the AMEX due to the Company’s financial condition. This action
is based on the determination by the AMEX that the Company has not made
a
reasonable demonstration that it will be able to regain compliance with
certain
AMEX continued listing standards.
The
AMEX
had advised the Company on November 29, 2007 that the Company failed to
comply
with Sections 1003(a)(ii) and (a)(iii) of the AMEX Company Guide’s standards for
continued listing. At that time, the AMEX invited the Company to submit
to the
AMEX a plan setting forth the action that the Company had taken, or would
take,
to bring the Company into compliance with this continued listing standard
by
February 3, 2009. The Company timely submitted such a compliance plan to
the
AMEX. The AMEX reviewed the plan to determine whether the Company had made
a
reasonable demonstration of an ability to regain compliance with the continued
listing standards within the specified timeframe.
In
its
notice, the AMEX also advised the Company that it has determined that the
low
trading price of the Company’ common stock raises concern that the common stock
may not be suitable for auction market trading, which would necessitate
a
reverse stock split within a reasonable period of time under Section 1003(f)(v)
of the AMEX Company Guide.
A
copy of
the March 10, 2008 AMEX notice is attached hereto as Exhibit 99.1, and
a copy of
the Company’s press release regarding this matter is attached hereto as Exhibit
99.2. A copy of the December 3, 2007 AMEX notice was filed with the Company’s
Current Report on Form 8-K filed December 3, 2007, which is hereby incorporated
by reference.
ITEM
9.01.
FINANCIAL
STATEMENTS AND EXHIBITS
99.1
|
Letter
from AMEX to Diomed Holdings, Inc. dated March 10, 2008
|
99.2
|
Press
Release of Diomed Holdings, Inc. issued March 11,
2008
|
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.
|
|
|
|
Diomed
Holdings, Inc.
(Registrant)
|
|
|
|
Date:
March 11, 2008
|
By:
|
/s/
DAVID B. SWANK
|
|
Name:
David
B. Swank
|
|
Title:
Chief
Financial Officer
|
List
of
Exhibits:
99.1
|
Letter
from AMEX to Diomed Holdings, Inc. dated March 10, 2008
|
99.2
|
Press
Release of Diomed Holdings, Inc. issued March 11,
2008
|
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