- Current report filing (8-K)
April 22 2009 - 5:23PM
Edgar (US Regulatory)
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
DC 20549
FORM
8-K
CURRENT
REPORT
Pursuant
to Section 13 or 15 (d) of the Securities Exchange Act of 1934
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April 16, 2009
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Date of Report (Date of earliest event reported)
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INPLAY
TECHNOLOGIES, INC.
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(Exact
Name of Registrant as Specified in its Charter)
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Nevada
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001-15069
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88-0308867
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(State
or Other
Jurisdiction
of Incorporation)
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(Commission
File Number)
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(IRS
Employer
Identification
No.)
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13845 North Northsight Boulevard
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Scottsdale, Arizona 85260
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(Address
of principal executive offices)
(Zip Code)
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(480) 586-3300
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(Registrant's telephone number, including area code)
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Check the
appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrantunder any
of the following provisions:
⃞
Written
communications 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. Notice of Delisting or Failure to Satisfy Continued
Listing Rule or Standard; Transfer of Listing.
On April 16, 2009, the Company received a Staff Determination letter
from Nasdaq indicating that the Company is subject to delisting
proceedings due to non-payment of certain outstanding fees as required
for continuing listing set forth in Nasdaq’s Listing Rule 5210(d). If
the Company elects not to appeal the Delisting Notice, the trading of
the Company’s common stock will be suspended at the opening of business
on April 27, 2009, and a Form25-NSE will be filed with the SEC which
will remove the Company’s common stock from listing and registration on
The Nasdaq Stock Market. If the Company does request a hearing before a
Nasdaq Listing Qualifications Panel, there can be no assurance that the
Panel with grant the Company’s request for continued listing.
The Delisting Notice also states that the Company’s securities will not
be immediately eligible to trade on the OTC Bulletin Board or in the
“Pink Sheets.” The securities may become eligible if a market maker
makes application to register in and quote the security in accordance
with SEC Rule 15c2-11, and such application (a “Form 211”) is cleared.
Pursuant to FINRA Marketplace Rules 6530 and 6540, a Form 211 cannot be
cleared if the Company is not current in its filing obligations with the
SEC. Only a market maker, not the Company, may file a Form 211.
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.
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InPlay Technologies, Inc.
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(Registrant)
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Date:
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April 22, 2009
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By:
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/s/ Mark R. Sokolowski
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Mark R. Sokolowski
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Chief Financial Officer
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