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 31, 2008
eOn Communications Corporation
(Exact name of registrant as specified in its charter)
| | | | |
| Delaware | | 000-26399 | | 62-1482176 |
(State or other jurisdiction
of incorporation) | | (Commission File Number) | | (IRS Employer
Identification Number) |
| | |
185 Martinvale Lane
San Jose, CA | | 30144 |
| (Address of principal executive offices) | | (Zip Code) |
Registrant’s telephone number, including area code: 770-423-2200
Not Applicable
(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)) |
SECTION 1 – REGISTRANT’S BUSINESS AND OPERATIONS
Item 3.01. Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing
On January 31, 2008, the Company received a NASDAQ Staff Determination Letter from the NASDAQ Stock Market. The letter states that the Staff has determined the Company failed to regain compliance with the minimum closing bid price of $1.00 by January 30, 2008, and that unless the Company requests an appeal of the determination, trading of the Company’s common stock will be suspended at the opening of business on February 11, 2008, and a Form 25-NSE will be filed with the SEC, which will remove the Company’s securities from listing and registration on The Nasdaq Stock Market.
Under the Nasdaq rules, the Company is entitled to and has requested a hearing before a Nasdaq Listing Qualifications Panel to review the Staff Determination and the Company’s plan to regain compliance. The suspension of the Company’s listing will be stayed pending the Panel’s decision. There can be no assurance the Panel will grant the Company’s request for continued listing.
In the event the Company’s common stock is delisted from Nasdaq’s Capital Market, the Company intends to work with its market makers as necessary to obtain quotation on the OTC Bulletin Board market.
The Company issued a press release to announce the Staff Determination, a copy of which is attached hereto as Exhibit 99.1.
Exhibits:
| | |
Exhibit
Number | | Description of Exhibit |
| 99.1 | | Press release announcing receipt of Nasdaq letter. |
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.
| | |
| Date: February 6, 2008 |
|
| EON COMMUNICATIONS CORPORATION |
| |
| By: | | /s/ Stephen R. Bowling |
| | Stephen R. Bowling |
| | Vice President and Chief Financial Officer |
Exhibit Index
| | |
Exhibit
Number | | Description of Exhibit |
| 99.1 | | Press release announcing receipt of Nasdaq letter. |
