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 19, 2008
(Exact Name of Registrant as Specified in Its Charter)
| | | | | |
North Carolina | | 000-51572 | | 61-1455265 |
(State or Other Jurisdiction of Incorporation) | | (Commission File Number) | | (IRS Employer Identification No.) |
| | | |
1150 Crews Road, Suite F Matthews, North Carolina | | 28105 |
| (Address of Principal Executive Offices) | | (Zip Code) |
(Registrant’s telephone number, including area code)
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)) |
| Notice of Delisting or Failure to Satisfy a Continued Listing Rule; Transfer of Listing. |
On November 24, 2008, PokerTek, Inc. (the “Company”) applied to transfer the listing of its common stock from The NASDAQ Global Market to The NASDAQ Capital Market, where its shares will continue to trade under the trading symbol “PTEK”. This action was taken in response to the Company’s receipt, on November 19, 2008, of a NASDAQ Deficiency Letter from The NASDAQ Stock Market, informing the Company that the Company has not maintained a minimum value of stockholders’ equity of $10,000,000 as required for continued listing on the NASDAQ Global Market under Marketplace Rule 4450(a)(3).
On November 24, 2008, the Company issued a press release, attached hereto as Exhibit 99.1, relating to the matters described above.
Item 9.01 | Financial Statements and Exhibits. |
(d) Exhibits.
Exhibit No. | Description of Exhibit |
| | |
| 99.1 | PokerTek, Inc. Press Release. |
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.
| | |
| Date: November 24, 2008 | POKERTEK, INC. |
| | |
| | By: /s/ Mark D. Roberson |
| | Mark D. Roberson, Chief Financial Officer |
EXHIBIT INDEX
Exhibit No. | Description of Exhibit |
| | |
| 99.1 | PokerTek, Inc. Press Release. |
