Zila Inc - Current report filing (8-K)
March 26 2008 - 5:04PM
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
Date of report (Date of earliest event reported) March 20, 2008
ZILA, INC.
(Exact Name of Registrant as Specified in Charter)
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Delaware
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0-17521
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86-0619668
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(State or Other Jurisdiction
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(Commission File
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(I.R.S. Employer
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of Incorporation)
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Number)
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Identification No.)
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5227 North 7th Street, Phoenix, Arizona 85014-2800
(Address of Principal Executive Offices)
(602) 266-6700
(Registrants 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 (
see
General Instruction A.2. below):
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Written communications pursuant to Rule 425 under the Securities
Act (17 CFR 230.425)
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act
(17 CFR 240.14a-12)
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Pre-commencement communications pursuant to Rule 14d-2(b) under
the Exchange Act (17 CFR 240.14d-2(b))
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Pre-commencement communications pursuant to Rule 13e-4(c) under
the Exchange Act (17 CFR 240.13e-4(c))
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TABLE OF CONTENTS
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Item 3.01.
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Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.
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On March 20, 2008, Zila, Inc. (the Company) received a Nasdaq Staff Deficiency Letter
indicating that for the last 30 consecutive business days, the bid price of its common stock has
closed below $1.00 per share. As a result, the Company fails to comply with the minimum bid price
requirement for continued listing set forth in Marketplace Rule 4450(a)(5).
In accordance with Marketplace Rule 4450(e)(2), the Company has been provided 180 calendar
days, or until September 16, 2008, to regain compliance. The Company will achieve compliance, if
before September 16, 2008, the bid price of the Companys common stock closes at $1.00 per share or
more for a minimum of 10 consecutive business days. If the Company does not regain compliance by
September 16, 2008, but can demonstrate as of that date that the Company meets the criteria for
initial listing set forth in Marketplace Rule 4310(c) (other than the bid price requirement) and
its application is approved, the Company will have an additional 180 days to regain compliance
while on The Nasdaq Capital Market.
On
March 26, 2008, the Company issued a press release announcing the receipt of the Nasdaq
letter. A copy of the press release is included as Exhibit 99.1 to this Form 8-K.
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Item 9.01.
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Financial Statements and Exhibits.
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Exhibit No.
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Description
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99.1
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Press release dated March 26, 2008 relating to the Companys
receipt of the March 20, 2008 letter from Nasdaq.
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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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ZILA, INC.
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Dated:
March 26, 2008
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By:
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/s/ Gary V. Klinefelter
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Gary V. Klinefelter
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Vice President and General Counsel
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