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) April 18, 2008
WASTE INDUSTRIES USA, INC.
(Exact name of registrant as specified in its charter)
North Carolina
(State or other jurisdiction of incorporation)
| 000-31050 | 56-0954929 | |
| (Commission File Number) | (IRS Employer ID Number) |
| 3301 Benson Drive, Suite 601, Raleigh, North Carolina | 27609 | |
| (Address of principal executive offices) | (Zip Code) |
Registrant’s telephone number, including area code (919) 325-3000
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 April 18, 2008, Waste Industries announced that, in connection with its previously announced proposed going private transaction, it has notified Nasdaq of its intent to de-list its common stock from the Nasdaq Global Market. The proposed delisting is subject to the consummation of the going private transaction and is anticipated to be effective on May 9, 2008.
A copy of the press release is attached as Exhibit 99.1 to this report and incorporated herein by reference.
| Item 9.01. | Financial Statements and Exhibits. |
| (d) | Exhibits |
Exhibit No. | Description | |
99.1 | Press release dated April 18, 2008. |
2
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 thereunto duly authorized.
| WASTE INDUSTRIES USA, INC. | ||
| Date: April 18, 2008 | ||
/s/ D. Stephen Grissom | ||
| D. Stephen Grissom | ||
| Chief Financial Officer |
3
