- Current report filing (8-K)
May 19 2009 - 3:29PM
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): May 14, 2009
(Exact
name of registrant as specified in charter)
Delaware
(State
or other jurisdiction
of
incorporation)
|
000-51642
(Commission
File
Number)
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20-1979646
(I.R.S.
Employer
Identification
Number)
|
440 Kings Village Road, Scotts Valley, CA 95066
(Address
of principal executive offices) (Zip Code)
|
831-438-2100
(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 obligation of the registrant under any of the following
provisions (see General Instruction A.2. below):
[ ]
Written communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
[ ]
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
[ ]
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act
(17 CFR 240.14d-2(b))
[ ]
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 May
14, 2009, we received a letter from Nasdaq notifying us that we do not comply
with the obligation to file periodic reports under Rule 5250(c) of the Nasdaq
Listing Rules. According to Nasdaq’s letter, we will be provided 60
calendar days to submit a plan to regain compliance, and if Nasdaq accepts the
plan, we may be granted an exception of up to 180 calendar days from the
filing’s due date, or until November 9, 2009, to regain compliance.
On May
19, 2009, we issued a press release, attached hereto as Exhibit 99.1, with
respect to our receipt of Nasdaq’s letter.
Item
9.01.
Financial Statements and Exhibits.
(d)
Exhibits.
Exhibit
Number
99.1 Press
Release dated May 19, 2009.
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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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AVIZA
TECHNOLOGY, INC.
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Date: May
19, 2009
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By:
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/s/
Patrick
C. O’Connor
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Patrick
C. O’Connor
Executive
Vice President and Chief Financial Officer
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EXHIBIT
INDEX
Exhibit
Number
99.1 Press
Release dated May 19, 2009.
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