- Current report filing (8-K)
November 13 2009 - 3:13PM
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): November 12, 2009
The
Orchard Enterprises, Inc.
(Exact
Name of Registrant as Specified in its Charter)
Delaware
|
000-51761
|
20-3365526
|
(State
or Other Jurisdiction of Incorporation)
|
(Commission
File
Number)
|
(I.R.S.
Employer Identification No.)
|
23
East 4
th
Street
3
rd
Floor
New
York, New York
|
10003
|
(Address
of Principal Executive Offices)
|
(Zip
Code)
|
(Registrant's
telephone number, including area code):
(212)
201-9280
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 obligation 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)
o
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
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 November 13, 2009, The Orchard
Enterprises, Inc. (the “Company”) issued a press release disclosing that on
November 12, 2009, the Company received a letter from The Nasdaq Stock Market
stating that the Company was not in compliance with Nasdaq’s continued listing
criteria for listing on The Nasdaq Global Market under Listing Rule
5450(b)(1)(C) because of the Company’s failure to maintain a minimum Market
Value of Publicly Held Shares (MVPHS) of $5,000,000 over a 30 consecutive
business day period. A copy of the press release is attached
as Exhibit 99.1 hereto and in incorporated by reference herein.
Item 9.01
Financial Statements and
Exhibits
.
Exhibit
Number
|
|
Description
|
|
|
|
99.1
|
|
Press
Release dated November 13,
2009
|
Signatures
Pursuant
to the requirements of the Securities and Exchange Act of 1934, as amended, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
|
The
Orchard Enterprises, Inc.
|
|
|
|
|
|
Date:
November 13, 2009
|
By:
|
/s/
Nathan Fong
|
|
|
|
Name:
Nathan Fong
|
|
|
|
Title: Chief
Financial Officer
|
|
Exhibit
Index
Exhibit
Number
|
|
Description
|
|
|
|
99.1
|
|
Press
Release dated November 13,
2009
|
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