US Dataworks Inc - Current report filing (8-K)
August 19 2008 - 4:12PM
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): August 15, 2008
US
DATAWORKS, INC.
(Exact
name of registrant as specified in its charter)
Nevada
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001-15835
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84-1290152
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(State
or Other Jurisdiction of Incorporation)
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(Commission
File Number)
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(I.R.S.
Employer
Identification
Number)
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One
Sugar Creek Blvd., 5
th
Floor
Sugar
Land, Texas
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|
77478
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(Address
of principal executive offices)
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(Zip
Code)
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(281)
504-8000
(Registrant’s
telephone number,
including
area code)
N/A
(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 obligations 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)
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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)
|
o
|
Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17
CFR 240.14d-2(b))
|
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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On
July
29, 2008, US Dataworks, Inc. (the “Company”) reported that it had received a
notice from The American Stock Exchange (“AMEX”) notifying the Company that,
based on the Company’s Form 10-KSB for the year ended March 31, 2008, the
Company is not in compliance with certain continued listing standards of the
AMEX Company Guide (the “Notice”). As disclosed in the Company’s July 29, 2008
Form 8-K filing, the Company intends to submit a plan to AMEX advising AMEX
of
action it has taken, or will take, to bring it in compliance with Sections
1003(a)(ii) and 1003(a)(iii) of the Company Guide within a maximum of 18 months
from July 23, 2008 (the “Plan”). Pursuant to the Notice, the Company was
required to submit the Plan by August 22, 2008. On August 15, 2008, AMEX granted
the Company a one week extension to submit its Plan. If the Company does not
submit the Plan on or before August 29, 2008, or the Plan is not accepted,
the
Company may be subject to delisting procedures. Additionally, if the Plan is
accepted but the Company is not in compliance with any continued listing
standards by January 22, 2010, the Company could be subject to delisting
procedures.
The
foregoing contains forward-looking statements regarding US Dataworks’ intent to
submit a plan to AMEX, the timing of such submission and the potential outcomes
regarding continued listing on AMEX. Statements regarding future events are
based on the Company’s current expectations and are necessarily subject to risks
and uncertainty including risks related to, among other things, the Company’s
ability to timely submit its plan, whether the plan will be approved, its
ability to continue to comply with other continued listing standards and its
ability to effect a reverse stock split. Actual results may differ materially
from those in the forward-looking statements. For information regarding other
factors that could cause the Company’s results to vary from expectations, please
see the “Risk Factors” section of the Company’s filings with the Securities and
Exchange Commission, including its most recent quarterly report on Form 10-QSB.
The Company undertakes no obligation to revise or update publicly any
forward-looking statements.
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 hereunto
duly authorized.
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US
DATAWORKS,
INC.
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Dated:
August 19, 2008
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By:
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/s/ Charles
E. Ramey
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Charles
E. Ramey
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|
Chief
Executive Officer
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