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): June 26, 2006
DHB INDUSTRIES, INC.
______________________________________________________
(Exact name of registrant as specified in its charter)
Delaware 001-13112 11-3129361
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(State of Incorporation) (Commission File Number) (IRS Employer
Identification Number)
2102 SW 2nd Street, Pompano Beach, Florida 33069
__________________________________________ __________
(Address of principal executive office) (Zip Code)
(954) 630-0900
____________________________________________________
(Registrant's telephone number, including area code)
Not Applicable
______________________________________________
(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:
[ ] 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))
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ITEM 3.01. NOTICE OF DELISTING OR FAILURE TO SATISFY A CONTINUED LISTING RULE OR
STANDARD; TRANSFER OF LISTING.
On June 26, 2006, DHB Industries, Inc. (the "Company") received a notice from
the American Stock Exchange ("Amex"), the national securities exchange that
maintains the principal listing for the Company's common stock, regarding the
staff of the Amex's determination to proceed with the filing of an application
with the Securities and Exchange Commission (the "SEC') to strike the common
stock of the Company from listing and registration on the Amex.
As previously disclosed, the Company has engaged in extensive discussions and
correspondence with the Amex over the last few months regarding the Company's
non-compliance with certain of the Amex continued listing standards. Most
recently (as previously disclosed), on June 7, 2006, the Company received an
additional notice from the Amex stating that, among other things, in order to
maintain its Amex listing, the Company must submit an updated plan of compliance
to the Amex by June 16, 2006 advising the Amex of the action the Company has
taken, or will take, that demonstrates the Company's ability to be in compliance
with Sections 134, 1101 and 1003(f)(iii) of the Amex Company Guide (the "Company
Guide") by no later than August 15, 2006. Additionally, in order to assist the
Amex in its review of the Company's continued listing status and pursuant to the
listing agreements by and between the Company and the Amex, and Section 132(e)
of the Company Guide, the Amex requested that the Company provide certain
supplementary information to the Amex.
The Company requested that the staff of the Amex grant an extension until June
21, 2006 for the Company to file an updated plan of compliance with the Amex and
to provide the Amex with the requested supplementary information. The staff of
the Amex granted the Company's extension request.
On June 21, 2006, the Company submitted its updated plan of compliance and also
provided the Amex with the supplementary information that it requested. After
review of the updated plan, the staff of the Amex has determined that the
amended plan does not make a reasonable demonstration of the Company's ability
to regain compliance by August 15, 2006, and as a result, the staff of the Amex
feels that it is appropriate to initiate immediate delisting procedures at this
time.
The Company does not intend to appeal the staff's determination and anticipates
that the delisting will be effective on or after July 5, 2006. The Company
intends to work with AlixPartners to complete its financial statements and seek
relisting on the Amex or another exchange when that process is complete. The
Company is unable to predict if and when trading of the Company's securities
might resume and on what market or markets at this time.
As previously disclosed, the Company is also not in compliance with the audit
committee listing requirements set forth in Sections 121(B)(2)(a) and
121(B)(2)(a)(ii) of the Company Guide.
The press release issued by the Company on June 30, 2006 with respect to receipt
of the Amex notice of June 26, 2006 described above is filed as Exhibit 99.1 to
this Form 8-K.
ITEM 9.01. FINANCIAL STATEMENTS AND EXHIBITS.
(d) Exhibits
99.1 Press Release, dated June 30, 2006
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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.
DHB INDUSTRIES, INC.
By: /s/ LARRY ELLIS
____________________
Larry Ellis, CAO
Dated: June 30, 2006
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EXHIBIT INDEX
99.1 Press Release, June 30, 2006.
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