Current Report Filing (8-k)
November 18 2016 - 4:39PM
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 15, 2016
KOPIN CORPORATION
(Exact
Name of Registrant as Specified in Charter)
DELAWARE
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000-19882
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04-2833935
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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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125 North Drive, Westborough, MA 01581
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(Address
of Principal Executive Offices) (Zip Code)
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Registrant’s
telephone number, including area code
(508)
870-5959
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))
Item 3.01. Notice of Delisting or Failure to Satisfy a Continued
Listing Rule or Standard; Transfer of Listing
Kopin Corporation issued a press release on November 18, 2016, a copy of
which is attached as Exhibit 99.1 to this report and incorporated herein
by this reference, in which it announced that on November 15, 2016 it
received aNASDAQ Staff Determination letter indicating that the company
is not in compliance with the NASDAQ continued listing requirements set
forth in Marketplace Rule 5250(c)(1) because it did not timely filed its
Quarterly Report on Form 10-Q for the fiscal quarter ended September 24,
2016. The NASDAQ letter also indicated that the company's common stock
is subject to delisting from The NASDAQ Global Market unless the Company
provides a plan within 60 calendar days to NASDAQ Qualifications Panel
to regain compliance. In the press release, the Company stated that if
it is unable to complete its investigation and file its Form 10-Q within
60 days it will file a plan on how it expects to regain compliance.
There can be no assurance that the Company's request for continued
listing of its common stock will be granted.
In a Form 8-K filed on November 8, 2016 the Company announced that based
upon preliminary findings, it had discovered instances in which an
employee at one of its foreign majority-owned subsidiaries, appears to
have embezzled money from such subsidiary, that it would not file its
Quarterly Report on Form 10-Q for the quarter ended September 24, 2016
until after the completion its investigation.
Item 9.01.
Financial Statements and Exhibits
.
(d)
Exhibits
.
99.1
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Press Release dated November 18, 2016, entitled, “Kopin Corporation
Receives Notice from NASDAQ Due to Delay in Filing of Form 10-Q”.
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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.
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KOPIN CORPORATION
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Dated:
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November 18, 2016
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By:
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/s/ Richard A. Sneider
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Richard A. Sneider
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Treasurer and Chief Financial Officer
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(Principal Financial and Accounting Officer)
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EXHIBIT INDEX
Exhibit
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Description
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99.1
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Press Release dated November 18, 2016, entitled, “Kopin
Corporation Receives Notice from NASDAQ Due to Delay in Filing of
Form 10-Q”.
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