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 22, 2006
DESIGN WITHIN REACH, INC.
(Exact Name of Registrant as Specified in Charter)
| | | | |
| Delaware | | 000-50807 | | 94-3314374 |
(State or Other Jurisdiction of Incorporation) | | (Commission File Number) | | (I.R.S. Employer Identification No.) |
| |
| 225 Bush Street, 20th Floor, San Francisco, CA | | 94104 |
| (Address of Principal Executive Offices) | | (Zip Code) |
Registrant’s telephone number, including area code: (415) 676-6500
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)) |
On November 22, 2006 the Nasdaq Listing Qualifications Panel granted Design Within Reach, Inc. (the “Company”) continued listing on The Nasdaq Global Market. The Company’s continued listing is subject to certain conditions, including the following: (1) on or before January 15, 2007, the Company must file its quarterly report on Form 10-Q for the period ended July 1, 2006, as well as any necessary restatements of prior periods; and (2) on or before January 26, 2007, the Company must file its quarterly report on Form 10-Q for the period ended September 30, 2006. The Panel has advised the Company that should it be unable to meet the deadline, it will issue a determination to delist the Company’s shares from The Nasdaq Stock Market.
A copy of the press release relating to this announcement is attached as Exhibit 99.1 and is incorporated herein by reference.
| Item 9.01. | Financial Statements and Exhibits. |
| | |
| Exhibit No. | | Description |
| |
| 99.1 | | Press Release dated November 27, 2006 |
SIGNATURES
Pursuant to the requirements of the Exchange Act, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| | | | | | | | |
| Date: November 27, 2006 | | | | | | DESIGN WITHIN REACH, INC. |
| | | |
| | | | By: | | /s/ John D. Hellmann |
| | | | | | | | John D. Hellmann |
| | | | | | | | Chief Financial Officer |
EXHIBIT INDEX
| | |
| Exhibit No. | | Description |
| |
| 99.1 | | Press Release dated November 27, 2006 |
