- Current report filing (8-K)
November 24 2009 - 9:17AM
Edgar (US Regulatory)
UNITED
STATES
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): November 20, 2009
The
Orchard Enterprises, Inc.
(Exact
Name of Registrant as Specified in its Charter)
Delaware
|
000-51761
|
20-3365526
|
(State
or Other Jurisdiction
of
Incorporation)
|
(Commission
File
Number)
|
(I.R.S.
Employer
Identification
No.)
|
23 East 4
th
Street
3
rd
Floor
New York, New York
|
10003
|
(Address
of Principal Executive Offices)
|
(Zip
Code)
|
(Registrant's
telephone number, including area code):
(212)
201-9280
N/A
|
(Former
name or former address if changed since last
report.)
|
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 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))
On
November 13, 2009, The Orchard Enterprises, Inc. (the “Company”) issued a press
release disclosing that on November 12, 2009, the Company received a letter (the
“November 12, 2009 Letter”) from The Nasdaq Stock Market stating that the
Company was not in compliance with Nasdaq’s continued listing criteria for
listing on The Nasdaq Global Market under Listing Rule 5450(b)(1)(C) because of
the Company’s failure to maintain a minimum Market Value of Publicly Held Shares
(MVPHS) of $5,000,000 over a 30 consecutive business day period.
On
November 20, 2009, the Company received a letter from The Nasdaq Global Market
stating that based on information subsequently received by the Nasdaq staff, the
November 12, 2009 Letter was issued in error and the matter was
closed. On November 24, 2009, the Company issued a press release
reporting receipt of the November 20, 2009 Nasdaq letter, and a copy of the
press release is attached as Exhibit 99.1 hereto and in incorporated by
reference herein.
Item 9.01
Financial Statements and
Exhibits
.
Exhibit Number
|
|
Description
|
|
|
|
99.1
|
|
Press
Release dated November 24, 2009
|
Signatures
Pursuant
to the requirements of the Securities and Exchange Act of 1934, as amended, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
|
The
Orchard Enterprises, Inc.
|
|
|
|
Date:
November 24, 2009
|
By:
|
/s/ Nathan Fong
|
|
|
Name:
Nathan Fong
|
|
|
Title: Chief
Financial Officer
|
Exhibit
Index
Exhibit Number
|
|
Description
|
|
|
|
99.1
|
|
Press
Release dated November 24, 2009
|
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