North American Scientific Inc - Current report filing (8-K)
10 Abril 2008 - 5:17PM
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
April
4, 2008
Date
of Report (Date of earliest event reported)
NORTH
AMERICAN SCIENTIFIC, INC.
(Exact
name of Registrant as Specified in Its Charter)
|
Delaware
|
0-26670
|
51-0366422
|
|
(State
or other jurisdiction of
incorporation)
|
(Commission
File Number)
|
(IRS
Employer Identification
No)
|
20200
Sunburst Street, Chatsworth, CA 91311
(Address
of principal executive offices)
(818)
734-8600
(Registrant's
telephone number, including area code)
Not
Applicable
(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:
|
¨
|
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 a Continued Listing Rule or Standard;
Transfer of Listing
On
April
4, 2008, North American Scientific, Inc. (the “Company”) received a
notice
from the listing qualifications staff of the NASDAQ Stock Market (“NASDAQ”)
indicating
that
the
180 calendar day compliance period granted to the Company in accordance with
Marketplace Rule 4450(e)(2) ended on April 2, 2008 and the Company failed to
regain compliance with the minimum $1.00 bid price per share requirement for
continued listing of its Common Stock on the Nasdaq Capital Market, as set
forth
in Marketplace Rule 4450(a)(5) (the “Rule) and, further, the Company was not
eligible for any extensions to comply. Therefore
,
the
Company was advised that it would be delisted by April 15, 2008 unless the
Company requested a hearing by April 11, 2008 to appeal Nasdaq’s determination.
The
Company intends to request a hearing to appeal Nasdaq’s determination. The
Company’s plan to regain compliance with the Rule includes effecting a 1 for 5
reverse stock split, which was approved by the Company’s Board of Directors on
February 15, 2008 and is to be voted upon by stockholders at the Company’s
Annual Meeting on April 29, 2008.
The
Company issued a press release regarding the notice that it received from
NASDAQ. A copy of the press release is attached hereto as Exhibit 99.1 and
is
incorporated by reference herein.
Item
9.01
Financial
Statements and Exhibits.
|
|
Exhibit
Number
|
Description
|
|
|
99.1
|
Press
release, dated April 10,
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.
|
|
|
|
|
|
NORTH
AMERICAN
SCIENTIFIC, INC.
|
|
|
|
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Date:
April 10, 2008
|
By:
|
/s/ John
B.
Rush
|
|
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John
B. Rush
|
|
|
President
and
Chief Executive Officer
|
Exhibit Index
|
Exhibit
Number
|
Description
|
|
99.1
|
Press
release, dated April 10,
2008.
|
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