UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 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 21, 2009): April 21, 2009
NEW YORK & COMPANY, INC.
(Exact name of registrant as specified in its charter)
DELAWARE |
| 1-32315 |
| 33-1031445 |
450 West 33rd Street
5th Floor
New York, New York 10001
(Address of principal executive offices, including zip code)
(212) 884-2000
(Registrant’s telephone number, including area code)
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:
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 7.01 Regulation FD Disclosure
On April 21, 2009, the Company issued a press release announcing, among other things, that it currently expects first quarter fiscal 2009 diluted loss per share from continuing operations to be in the range of $0.07 to $0.09, which is in-line with its previous estimate of a diluted loss per share in the high single-digit range. The press release is attached hereto as Exhibit 99.1 and is incorporated herein by reference.
Item 9.01 Financial Statements and Exhibits
(d) Exhibit | ||
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Exhibit No. |
| Description |
99.1 |
| Press release issued on April 21, 2009 |
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
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| NEW YORK & COMPANY, INC. | |
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| /s/ Sheamus G. Toal |
Date: April 21, 2009 | Name: | Sheamus G. Toal |
| Title: | Executive Vice President and Chief Financial Officer |
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EXHIBIT INDEX
Exhibit No. |
| Description |
99.1 |
| Press release issued April 21, 2009 |
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