Current Report Filing (8-k)
May 22 2020 - 5:30PM
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): May 21, 2020
FTE
NETWORKS, INC.
(Exact
name of registrant as specified in its charter)
Nevada
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001-38322
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81-0438093
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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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237
West 35th Street, Suite 806
New
York, NY
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10001
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(Address
of Principal Executive Offices)
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(Zip
Code)
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Registrant’s
Telephone Number, Including Area Code: 877-878-8136
(Former
Name or Former Address, if Changed Since Last Report): Not Applicable
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:
[ ]
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
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[ ]
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
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[ ]
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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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[ ]
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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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Securities
registered pursuant to Section 12(b) of the Act:
Title
of each class
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Trading
Symbol(s)
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Name
of each exchange on which registered
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Common
Stock, $0.001 par value
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FTNW
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NYSE
American
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Indicate
by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405
of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter)
Emerging
Growth Company [ ]
If
an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for
complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. [ ]
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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As
previously reported, on December 17, 2019 the staff of NYSE Regulation (the “Staff”), on behalf of NYSE American LLC
(the “Exchange”), commenced proceedings to delist the Company’s common stock from the Exchange. The Company
appealed to the NYSE Listing Qualifications Panel (the “Panel”) of the Exchange’s Committee for Review, and
such hearing regarding the Company’s continued listing was held on February 13, 2020.
On
March 9, 2020, the NYSE Office of General Counsel notified the Company that the Panel had determined to affirm the Staff’s
decision to delist the Company’s shares from NYSE. The Company subsequently appealed to the full Committee for Review (the
“Committee”), and such hearing regarding the Company’s continued listing was held on May 7, 2020. On
May 15, 2020, the Committee notified the Company that it had affirmed the Panel’s determination, subject to a call for review
by one or more directors of the Exchange Board of Directors, which by letter dated May 20, 2020 was declined.
On
May 21, 2020, the Staff filed a Form 25 with the Securities and Exchange Commission (the “SEC”) to remove the
Company’s common stock from listing and registration on the Exchange. The delisting will be effective 10 days following
the date the Form 25 is filed.
The
Company is continuing to review its options to list with other exchanges and other available markets for the trading of the
Company’s common stock and will continue filing its periodic reports with the SEC.
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, thereunto duly authorized.
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FTE
NETWORKS, INC.
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(Registrant)
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Date:
May 22, 2020
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/s/
Michael P. Beys
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Name:
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Michael
P. Beys
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Title:
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Interim
Chief Executive Officer
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