- Current report filing (8-K)
October 30 2008 - 1:10PM
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): October 28, 2008
Washington Mutual, Inc.
(Exact Name of Registrant as Specified in Its Charter)
Washington
(State or Other Jurisdiction of Incorporation)
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1-14667
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91-1653725
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(Commission File Number)
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(IRS Employer Identification No.)
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1301 Second Avenue, Seattle, Washington
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98101
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(Address of Principal Executive Offices)
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(Zip Code)
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(206) 461-2000
(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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o
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
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o
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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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o
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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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Item 8.01 Other Events
On October 28, 2008, Washington Mutual, Inc. (the
Company
) received a Nasdaq Staff Determination
letter notifying the Company that, in accordance with Marketplace Rules 4300, 4340(b), 4450(f) and
IM-4300, the Staff of The NASDAQ Stock Market LLC (the
Staff
) has determined that the Companys
Litigation Tracking Warrants (the
LTWs
) (Nasdaq symbol: DIMEZ) will be delisted from The Nasdaq
Stock Market. In its letter, the Staff stated that unless the Company requests an appeal of this
determination by November 4, 2008, trading of the LTWs will be suspended at the opening of business
on November 6, 2008, and a Form 25-NSE will be filed with the Securities and Exchange Commission,
which will remove the Companys securities from listing and registration on The Nasdaq Stock
Market. The Staff stated in its letter that its determination is based on Companys Chapter 11
bankruptcy filing and associated public interest concerns raised by it and concerns about the value
of the Companys common stock underlying the LTWs. The LTWs were originally distributed by Dime
Bancorp, Inc. and, upon a triggering event, become exercisable for the Companys common stock. The
Company does not intend to take any action to appeal the Staffs determination.
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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WASHINGTON MUTUAL, INC.
(Registrant)
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Date: October 29, 2008
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By:
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/s/ Stewart M. Landefeld
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Stewart M. Landefeld
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Executive Vice President and Secretary
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