Kitty Hawk Inc - Current report filing (8-K)
October 26 2007 - 11:45AM
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): October 24, 2007
Kitty Hawk, Inc.
(Exact name of registrant as specified in its charter)
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Delaware
(State or otherjurisdiction of
incorporation)
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001-32284
(Commission File Number)
File Number)
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75-2564006
(IRS Employer Identification No.)
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1515 West 20th Street
P.O. Box 612787
DFW International Airport,
Texas
(Address of principal executive offices)
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75261
(Zip Code)
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Registrants telephone number, including area code:
(972) 456-2200
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:
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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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Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer
of Listing.
As previously reported, on September 19, 2007, Kitty Hawk, Inc. (the Company) received a
written notice from the American Stock Exchange (AMEX) advising that the Company was not in
compliance with certain of AMEXs continued listing standards. The notice indicates that as a
result of the Companys continued losses during two of the last three years and its current
shareholders equity of less than $2,000,000, the Company is below certain of AMEXs continued
listing standards as specified in Sections 1003(a)(i) and 1003(a)(iv) of the AMEX Company Guide
(the Company Guide).
In accordance with Section 1009 of the Company Guide, the Company was offered an opportunity
to submit a plan by October 19, 2007 advising AMEX of action it had taken or would take that would
bring the Company into compliance with Sections 1003(a)(i) and 1003(a)(iv) of the Company Guide.
The Company failed to submit a plan of compliance by the due date of October 19, 2007 and informed
AMEX that it does not intend to submit such a plan.
On October 24, 2007, the Company received a written notice from AMEX that, based on the
foregoing, the Companys securities are now subject to delisting proceedings. The Company has a
limited right to appeal AMEXs determination to initiate the delisting proceedings, however, the
Company has elected not to appeal the determination.
At this time, the Company expects that its common stock will be delisted from trading on AMEX
on or about October 31, 2007.
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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KITTY HAWK, INC.
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Date: October 26, 2007
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By:
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/s/ Steven E. Markhoff
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Name:
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Steven E. Markhoff
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Title:
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Corporate Secretary
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