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): January 28, 2013
SCHOOL SPECIALTY, INC.
(Exact name of registrant as specified in its charter)
| | |
Wisconsin | 000-24385 | 39-0971239 |
(State or other jurisdiction of incorporation) | (Commission File Number) | (IRS Employer Identification No.) |
|
W6316 Design Drive Greenville, Wisconsin 54942 |
(Address of principal executive offices, including zip code) |
Registrant’s telephone number, including area code: (920) 734-5712
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:
| |
¨ | 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 January 28, 2013, School Specialty, Inc. (the “Company”) received a letter from the staff of The Nasdaq Stock Market LLC (the “Staff”) indicating that, in accordance with Nasdaq Listing Rules 5101, 5110(b) and IM-5101-1, the Staff has determined that the Company’s securities will be delisted from The Nasdaq Stock Market. Trading of the Company’s common stock will be suspended at the opening of business on February 6, 2013, and a Form 25-NSE will be filed with the Securities and Exchange Commission. The Staff’s determination was triggered by the Company’s voluntary petition for reorganization seeking relief under the provisions of Chapter 11 of the United States Bankruptcy Code.
Although the Nasdaq Marketplace Rules would permit the Company to appeal the Nasdaq staff’s determination to delist its securities, the Company does not intend to initiate an appeal.
On January 30, 2013, the Company issued the press release attached to this Current Report on Form 8-K as Exhibit 99.1.
Item 9.01.
Financial Statements and Exhibits.
| | |
| Exhibit No. | Description |
| | |
| 99.1 | Press Release dated January 30, 2013 |
2
SIGNATURES
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.
| |
| SCHOOL SPECIALTY, INC. |
| |
| |
Dated: January 30, 2013 | By: /s/ Michael P. Lavelle |
| Michael P. Lavelle, President and Chief
Executive Officer |
3
EXHIBIT INDEX
| |
Exhibit No. | Description |
| |
99.1 | Press Release dated January 30, 2013 |
4
