-----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, J32SoeRXsj+E15HDNZcN7/CM3LrJyUZPhbC8aRDL9JMcNXQsqAce0Cw1MNqoiEU/ qSl571n6TPThlIqOm5xa2g== 0001104659-05-015845.txt : 20050411 0001104659-05-015845.hdr.sgml : 20050411 20050411091653 ACCESSION NUMBER: 0001104659-05-015845 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20050411 ITEM INFORMATION: Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing FILED AS OF DATE: 20050411 DATE AS OF CHANGE: 20050411 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PHYSIOMETRIX INC CENTRAL INDEX KEY: 0001010397 STANDARD INDUSTRIAL CLASSIFICATION: ELECTROMEDICAL & ELECTROTHERAPEUTIC APPARATUS [3845] IRS NUMBER: 770238187 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-27956 FILM NUMBER: 05742887 BUSINESS ADDRESS: STREET 1: FIVE BILLERICA PARK STREET 2: 101 BILLERICA AVE CITY: NORTH BILLERICA STATE: MA ZIP: 01862 BUSINESS PHONE: 5086702422 MAIL ADDRESS: STREET 1: FIVE BILLERICA PARK STREET 2: 101 BILLERICA AVE CITY: NORTH BILLERICA STATE: MA ZIP: 01862 8-K 1 a05-6535_18k.htm 8-K

 

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) April 11, 2005

 

PHYSIOMETRIX, INC.

(Exact Name of Registrant as Specified in Its Charter)

 

Delaware

 

000-27956

 

77-0248588

(State or Other Jurisdiction
of Incorporation)

 

(Commission File No.)

 

(IRS Employer
Identification No.)

 

FIVE BILLERICA PARK
101 BILLERICA AVENUE
N. BILLERICA, MA 01862

(Address of Principal Executive Offices) (Zip Code)

 

(978) 670-2422

(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 obligationof 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 failure to satisfy a continued NASDAQ listing rule

 

The company received a letter from Nasdaq on April 5, 2005, which cited the company’s non-compliance with the requirement that the company maintain either shareholder equity of a minimum of $2,500,000 or $35,000,000 in listed securities or $500,000 of net income from continuing operations for two of the last three fiscal years, as required in marketplace rule 4310© (2)(B). Under these circumstances, the Nasdaq staff is reviewing the company’s eligibility for continued listing. The company needs to provide a plan of compliance to Nasdaq by April 20, 2005 to achieve and sustain compliance with all the Nasdaq Smallcap listing requirements. After review of the plan Nasdaq will notify the company whether it will adequately meet the requirement and if it does not, they will provide written notification that the company’s securities will be delisted. At that time, the company may appeal the decision to a Nasdaq Listing Qualifications Panel.

 

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SIGNATURE

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this Report on Form 8-K to be signed on its behalf by the undersigned hereunto duly authorized.

 

 

PHYSIOMETRIX, INC.

 

 

 

 

 

By: 

/s/ Daniel W. Muehl

 

 

 

Daniel W. Muehl

 

 

 

Vice President and
Chief Financial Officer

 

 

Date:  April 11, 2005

 

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