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
4, 2009
__________________________
KODIAK
ENERGY, INC.
(Exact
name of registrant as specified in charter)
DELAWARE
(State or
other Jurisdiction of Incorporation or Organization)
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333-38558
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#405
- 505 8th Avenue S.W.
Calgary,
AB T2P 1G2 Canada
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65-0967706
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(Commission
File Number)
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(Address
of Principal Executive Offices and zip code)
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(IRS
Employer Identification No.)
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(403)
262-8044
(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 obligation of registrant under any of the following
provisions:
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[ ]
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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[ ]
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Soliciting
material pursuant to Rule 14a-12(b) under the Exchange Act (17 CFR
240.14a-12(b))
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[ ]
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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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[ ]
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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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Safe Harbor Statement under
the Private Securities Litigation Reform Act of 1995
Information
included in this Form 8-K may contain forward-looking statements within the
meaning of Section 27A of the Securities Act of 1933, as amended (the
“Securities Act”), and Section 21E of the Securities Exchange Act of 1934, as
amended (the “Exchange Act”). This information may involve known and
unknown risks, uncertainties and other factors which may cause the Company’s
actual results, performance or achievements to be materially different from
future results, performance or achievements expressed or implied by any
forward-looking statements. Forward-looking statements, which involve
assumptions and describe the Company’s future plans, strategies and
expectations, are generally identifiable by use of the words “may,” “will,”
“should,” “expect,” “anticipate,” “estimate,” “believe,” “intend” or “project”
or the negative of these words or other variations on these words or comparable
terminology. These forward-looking statements are based on
assumptions that may be incorrect, and there can be no assurance that any
projections included in these forward-looking statements will come to
pass. The Company’s actual results could differ materially from those
expressed or implied by the forward-looking statements as a result of various
factors. Except as required by applicable laws, the Company
undertakes no obligation to update publicly any forward-looking statements for
any reason, even if new information becomes available or other events occur in
the future.
Item
3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or
Standard; Transfer of Listing
On
November 4, 2009, the Company announced that it has filed with the TSX Venture
Exchange (“TSX-V”) in Canada a voluntary request to delist its shares from
trading on the TSX-V. The TSX-V’s policies allow for a period of ten days before
delisting to facilitate settlement of trades and to allow shareholders to sell
to willing purchasers. The TSX-V will issue an Exchange Bulletin ten days prior
to the voluntary delisting. This voluntary delisting is not pursuant to any
order or communication from the TSX-V.
Kodiak's
common shares are currently quoted for trading on the OTC Bulletin Board (OTCBB)
in the United States under the symbol KDKN and it will continue to maintain
this quotation status and Canadian shareholders will be able to continue to
trade through their brokers on that market.
The
Corporation’s board of directors approved the voluntary delisting from the TSX
Venture Exchange after weighing the required expenses and multi-jurisdictional
filings to maintain a dual listing of the company's securities against the
perceived shareholder benefit accrued from trading on different
platforms. Since the Corporation’s TSX-V listing effective December
24, 2007 to market close on October 30, 2009, liquidity analysis revealed an
average daily trading volume of 270,413 shares on the OTCBB and 14,022 on the
TSX-V for the period. A TSX-V listing and maintenance requires an
annual fee plus additional costs for transactions relating to financings,
agreements and forms review, processing fees, etc. In comparison,
there are no fees for issuers quoted on the OTCBB. The Corporation
does not expect the anticipated voluntary delisting from the TSX-V will have any
impact on the day-to-day operations of the company.
Item
9.01 Financial Statements and Exhibits.
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(a)
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Financial statements
of business acquired
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Not
applicable
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(b)
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Pro forma financial
information
.
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Not
applicable
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SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the Registrant has
duly caused this Current Report on Form 8-K to be signed on its behalf by the
undersigned hereunto duly authorized.
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KODIAK
ENERGY, INC.
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(Registrant)
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Date: November
6, 2009
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By:
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/s/ William S.
Tighe
William
S. Tighe
Chief
Executive Officer & President
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