-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, LJ4UW8D2rFZtWEfv/+jdiWNYSXV6zLFrY0NaFGCgoAMmH8QQryRq/E8N5oP7Bz54 9keuyppZcmB2ZqQlINwGCA== 0000950123-05-010104.txt : 20050818 0000950123-05-010104.hdr.sgml : 20050818 20050818152148 ACCESSION NUMBER: 0000950123-05-010104 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20050817 ITEM INFORMATION: Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing FILED AS OF DATE: 20050818 DATE AS OF CHANGE: 20050818 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ATARI INC CENTRAL INDEX KEY: 0001002607 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PREPACKAGED SOFTWARE [7372] IRS NUMBER: 133689915 STATE OF INCORPORATION: DE FISCAL YEAR END: 0331 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-27338 FILM NUMBER: 051035848 BUSINESS ADDRESS: STREET 1: 417 FIFTH AVENUE CITY: NEW YORK STATE: NY ZIP: 10016 BUSINESS PHONE: 2127266500 MAIL ADDRESS: STREET 1: 417 FIFTH AVENUE CITY: NEW YORK STATE: NY ZIP: 10016 FORMER COMPANY: FORMER CONFORMED NAME: INFOGRAMES INC DATE OF NAME CHANGE: 20000511 FORMER COMPANY: FORMER CONFORMED NAME: GT INTERACTIVE SOFTWARE CORP DATE OF NAME CHANGE: 19951023 8-K 1 y11609e8vk.txt FORM 8-K ================================================================================ 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): AUGUST 17, 2005 ATARI, INC. (Exact name of registrant as specified in charter) DELAWARE (State or other jurisdiction of incorporation or organization) Commission File Number: 0-27338 13-3689915 (I.R.S. employer identification no.) 417 FIFTH AVENUE NEW YORK, NEW YORK 10016 (Address of principal executive offices, including zip code) (212) 726-6500 (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 (see General Instruction A.2. below): [] 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 (a) Pursuant to a letter dated August 2, 2005, The NASDAQ Stock Market required that on or before August 17, 2005, Atari, Inc. ("Atari") submit a specific plan and timetable to achieve compliance with the audit committee composition requirements contained in Marketplace Rule 4350 (the "Rule"). On August 17, 2005, Atari submitted such plan and timetable, which, among other things, identified potential candidates for the current audit committee vacancy. By letter dated August 17, 2005, the NASDAQ Staff confirmed its satisfaction with the plan stating that Atari "provided a definitive plan evidencing its ability to achieve and sustain compliance with the Rule, and as such, has determined to grant an extension of time" to regain compliance. Pursuant to such extension, on or before November 15, 2005, Atari must submit to NASDAQ documentation evidencing compliance with the Rule or will otherwise receive a delisting notice (subject to appeal to a Listing Qualifications Panel). Atari plans to submit the requested evidence of compliance to The NASDAQ Stock Market on or before November 15, 2005. 2 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. ATARI, INC. By: /s/ Jeffrey B. Kempler --------------------------- Jeffrey B. Kempler Senior Vice President, Business and Legal Affairs Date: August 18, 2005 3 -----END PRIVACY-ENHANCED MESSAGE-----