- Current report filing (8-K)
January 15 2009 - 6:01AM
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):
January 8,
2009
XELR8
HOLDINGS, INC.
(Exact name of registrant as specified in its charter)
Nevada
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000-50875
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84-1575085
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(State of
incorporation)
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(Commission File
No.)
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(IRS Employer
Identification No.)
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480 South Holly Street
Denver, CO 80246
(Address of principal executive offices, including zip code)
(303) 316-8577
(Registrants telephone number, including area code)
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):
o
Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
o
Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
o
Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act
(17CFR 240.14d-2(b))
o
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
January 8, 2009, the NYSE Alternext US LLC (the Exchange) Listing
Qualifications staff notified the Company that it had determined to initiate
delisting proceedings against the Company due to the Companys inability to
maintain compliance with certain Exchange continued listing requirements. Specifically, the Exchange staff determined
that the Company was not in compliance with Section 1009(d) of the
Company Guide.
The
Company will request an oral hearing before an Exchange Qualifications Panel
(the Panel) to appeal the foregoing delisting determination by the Exchange
staff, at which hearing the Company intends to present its plan of compliance
with the alleged listing deficiency.
The time and place of this hearing has not been set as of the date
hereof. Pending the Panels determination, the Companys securities will remain
trading on Exchange. In the event the Panel accepts the Companys plan for
compliance to be presented at the hearing, the Companys stock will continue
trading on the Exchange for the duration of the compliance period. Otherwise,
the Companys securities would be delisted from Exchange immediately following
the hearing. In that event, the Companys stock may continue to be listed on
the OTC Bulletin Board. There is no
assurance that the Panel will accept the Companys plan of compliance or that,
even if such plan is accepted, the Company will be able to implement the plan
within the prescribed timeframe.
2
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.
Dated: January 14,
2009
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XELR8
HOLDINGS, INC.
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By:
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/s/
John D. Pougnet
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John
D. Pougnet
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Chief
Executive Officer & Chief Financial Officer
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3
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