- Current report filing (8-K)
October 15 2008 - 1:03PM
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 9, 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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(Registrant’s
telephone number,
including
area code)
(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):
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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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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 NYSE Alternext US (formerly the American Stock Exchange) (the
“Exchange”) 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 Exchange Company Guide in that the Company’s
stockholders’ equity is less than $4,000,000 and it had losses from continuing
operations and net losses in three of its four most recent fiscal years (Section
1003(a)(ii)) and because its stockholders’ equity is less than $6,000,000 and
the Company had losses from continuing operations and net losses in its five
most recent fiscal years (Section 1003(a)(iii)). The Company was afforded the
opportunity to submit a plan to the Exchange advising the Exchange 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”). On August 27, 2008, the Company submitted the Plan to the
Exchange.
On
October 9, 2008, the Exchange notified the Company that it accepted the Plan
and
that the Company has until January 22, 2010 to regain compliance with the
continued listing standards. The Company will be subject to periodic review
by
the Exchange staff during this period. Failure to make progress consistent
with
the Plan or to regain or maintain compliance with the continued listing
standards by the end of this period could result in the Company being delisted
from the Exchange.
A
copy of
the press release relating to the notice described above is attached hereto
as
Exhibit 99.1.
Item 9.01.
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Financial
Statements and Exhibits.
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(d)
Exhibits
Exhibit
No.
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Description
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99.1
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Press
Release dated October 15, 2008.
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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.
Dated:
October 15, 2008
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US
DATAWORKS, INC.
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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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EXHIBIT
INDEX
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Exhibit
No.
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Description
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99.1
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Press
release date October 15, 2008.
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