-----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, NdfC5KNKoih4GbuTnEp9XytwUJ/k1UW6rvbqEdmO35hzxcSV0VJRbRtCg/jcz0Tl ulXl469giy8YSslHa9Lghg== 0000876661-09-000226.txt : 20090428 0000876661-09-000226.hdr.sgml : 20090428 20090428163049 ACCESSION NUMBER: 0000876661-09-000226 CONFORMED SUBMISSION TYPE: 25-NSE PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20090428 DATE AS OF CHANGE: 20090428 EFFECTIVENESS DATE: 20090428 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: SIX FLAGS, INC. CENTRAL INDEX KEY: 0000701374 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-MISCELLANEOUS AMUSEMENT & RECREATION [7990] IRS NUMBER: 736137714 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 25-NSE SEC ACT: 1934 Act SEC FILE NUMBER: 001-13703 FILM NUMBER: 09776070 BUSINESS ADDRESS: STREET 1: 1540 BROADWAY, 15TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10036 BUSINESS PHONE: 212 652-9403 MAIL ADDRESS: STREET 1: 1540 BROADWAY, 15TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10036 FORMER COMPANY: FORMER CONFORMED NAME: SIX FLAGS INC DATE OF NAME CHANGE: 20000714 FORMER COMPANY: FORMER CONFORMED NAME: TIERCO GROUP INC/DE/ DATE OF NAME CHANGE: 19920703 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: NEW YORK STOCK EXCHANGE INC CENTRAL INDEX KEY: 0000876661 IRS NUMBER: 000000000 STATE OF INCORPORATION: NY FILING VALUES: FORM TYPE: 25-NSE BUSINESS ADDRESS: STREET 1: 11 WALL STREET CITY: NEW YORK STATE: NY ZIP: 10005 BUSINESS PHONE: 212-656-2060 MAIL ADDRESS: STREET 1: 11 WALL STREET CITY: NEW YORK STATE: NY ZIP: 10005 25-NSE 1 primary_doc.xml X0203 0000876661 NEW YORK STOCK EXCHANGE INC 701374 SIX FLAGS, INC. 001-13703
1540 Broadway 15th Fl. New York NY NEW YORK 10036
(212) 652-9403
Common Stock 17 CFR 240.12d2-2(b) Paras Madho Director 2009-04-28
EX-99.25 2 ruleprovisionnotice.htm New York Stock Exchange LLC (the 'Exchange' or the 'NYSE') hereby notifies the Securities and Exchange Commission (the 'Commission') of its intention to remove the entire class of Common Stock and the Preferred Income Equity Redeemable Shares (PIERS), consisting of Depositary Shares (Each representing One One-hundredth of a Share of 7-1/4% Convertible Preferred Stock) (together, the 'Securities') of Six Flags, Inc. (the 'Company') from listing and registration on the Exchange at the opening of business on May 8, 2009, pursuant to the provisions of Rule 12d2-2 (b), because, in the opinion of the Exchange, the Securities are no longer suitable for continued listing and trading on the Exchange. The decision was reached in view of the fact that the Company had fallen below the NYSE's continued listing standard regarding average global market capitalization over a consecutive 30 trading day period of not less than $75 million and total stockholders' equity of not less than $75 million. The Company does not pre sently meet the NYSE’s market capitalization and stockholders' equity continued listing criteria and was operating under an NYSE plan. Prior to the NYSE's February 26, 2009 rule filing submitted to the Securities and Exchange Commission ('SEC') to temporarily suspend the $1.00 minimum share price requirement, the Company had previously been notified that it had fallen below the NYSE's continued listing standard for average closing price of less than $1.00 over a consecutive 30 trading day period. 1. The Exchange's Listed Company Manual, Sections 802.01B, states, in part, that the Exchange would promptly delist a security of either a domestic or non-U.S. issuer when: Average global market capitalization over a consecutive 30 trading-day period is less than $75,000,000 and, at the same time stockholders' equity is less than $75,000,000. 2. The Exchange, on April 9, 2009, determined that the Securities should be suspended from trading before the opening of the trading session on April 20, 2009, and directed the preparation and filing with the Commission of this application for the removal of the Securities from listing and registration on the Exchange. The Company was notified by letter on April 9, 2009. 3. Pursuant to the above authorization, a press release was issued on April 9, 2009, and an announcement was made on the 'ticker' of the Exchange at the close of the trading session on April 9, 2009 and other various dates of the proposed suspension of trading in the Securities. Similar information was included on the Exchange's website. Trading in the Securities on the Exchange was suspended before the opening of the trading session on April 9, 2009. 4. The Company had a right to appeal to the Committee for Review of the Board of Directors of NYSE Regulation the determination to delist its Securities, provided that it filed a written request for such a review with the Secretary of the Exchange within ten business days of receiving notice of delisting determination. The Company announced in a press release dated April 9, 2009 that it does not intend to appeal the NYSE's decision.
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