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): May 28, 2009
GREENHUNTER ENERGY, INC.
(Exact name of registrant as specified in its charter)
| | | | | |
| Delaware | | 001-33893 | | 20-4864036 |
(State or other jurisdiction of
incorporation) | | (Commission File Number) | | (IRS Employer Identification No.) |
| | | |
| 1048 Texan Trail | | |
| GRAPEVINE, TEXAS | | 76051 |
| (Address of principal executive offices) | | (Zip Code) |
Registrant’s telephone number, including area code:
(972) 410-1044Not 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 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard: Transfer of Listing
On May 28, 2009, the Company received notice from the Exchange Staff of the NYSE Amex LLC indicating that the Company is below certain of the Exchange’s continued listing requirements of the NYSE Amex LLC’s Company Guide due to (i) the Company reporting a stockholders’ equity less than the minimum requirements with operating losses in its most recently completed fiscal years as set forth in Sections 1003 (a) (i,ii and iii) of the Company Guide and (ii) the Company has sustained losses which are so substantial in relation to its overall operations or its existing financial resources, or its financial condition has become so impaired that it appears questionable, in the opinion of the Exchange, that the Company will be able to continue operations and/or meet its obligations as they become due as set forth in Section 1003 (a)(iv) of the Company Guide.
The Company has been afforded the opportunity to submit a plan of compliance to the Exchange by June 29, 2009, that demonstrates the Company’s ability to regain compliance with Section 1003 (a)(iv) by November 30, 2009 and with Sections 1003 (a) (i,ii and iii) within 18 months. The Company intends to submit a plan by the time specified, however, if the plan is not accepted by the Exchange, the Company will be subject to delisting procedures as set forth in Section 1010 and Part 12 of the Company Guide.
Item 9.01. Financial Statements and Exhibits
| | (a) | | Financial Statements of Business Acquired. |
Not applicable.
| | (b) | | Pro Forma Financial Information. |
Not applicable.
| | (c) | | Shell Company Transactions. |
Not applicable.
Not applicable.
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.
| | | | | |
| | GREENHUNTER ENERGY, INC.
| |
| Date: June 3, 2009 | By: | /s/ Morgan F. Johnston | |
| | | Sr. Vice President, General Counsel and Secretary | |
| | | | |
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