-----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, Ea01301Xb8catJS9qIRE9mKyAnbSQrZfc9PD90C6g3ztqLv8YZPw5vh1R9+kFbaN nIw9PDCJj66LsggzKOaACw== 0001144204-08-059605.txt : 20081028 0001144204-08-059605.hdr.sgml : 20081028 20081028103947 ACCESSION NUMBER: 0001144204-08-059605 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20081022 ITEM INFORMATION: Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing FILED AS OF DATE: 20081028 DATE AS OF CHANGE: 20081028 FILER: COMPANY DATA: COMPANY CONFORMED NAME: NUTRITION 21 INC CENTRAL INDEX KEY: 0000744962 STANDARD INDUSTRIAL CLASSIFICATION: BIOLOGICAL PRODUCTS (NO DIAGNOSTIC SUBSTANCES) [2836] IRS NUMBER: 112653613 STATE OF INCORPORATION: NY FISCAL YEAR END: 0630 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-12106 FILM NUMBER: 081143810 BUSINESS ADDRESS: STREET 1: 4 MANHATTANVILLE ROAD CITY: PURCHASE STATE: NY ZIP: 10577-2197 BUSINESS PHONE: 9147014500 MAIL ADDRESS: STREET 1: 4 MANHATTANVILLE ROAD CITY: PURCHASE STATE: NY ZIP: 10577-2197 FORMER COMPANY: FORMER CONFORMED NAME: AMBI INC DATE OF NAME CHANGE: 19961226 FORMER COMPANY: FORMER CONFORMED NAME: APPLIED MICROBIOLOGY INC DATE OF NAME CHANGE: 19920703 8-K 1 v129835_8k.htm
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): October 22, 2008
 
 
NUTRITION 21, INC.
(Exact name of registrant as specified in its charter)
 
New York
0-14983
11-2653613
(State or Other Jurisdiction of Incorporation)
(Commission file Number)
(IRS Employer Identification No.)
     
4 Manhattanville Road, Purchase, New York
10577
(Address of Principal Executive Offices)
(Zip Code)
 
Registrant's telephone number, including area code: (914) 701-4500
 
N/A
(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:
 
¨
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

On October 22, 2008, Nutrition 21, Inc. (“Nutrition 21” or the “Company”) received a letter from The Nasdaq Stock Market ("NASDAQ") stating that NASDAQ has decided to temporarily suspend enforcement of the bid price and market value of publicly held shares requirements, given the extraordinary current market conditions. As a result, the Company will now have until March 26, 2009 to regain compliance with the minimum bid price requirement.

On October 16, 2008, NASDAQ filed an effective rule change with the Securities and Exchange Commission to implement the suspension immediately. As a result, all companies, including Nutrition 21, who are presently in a bid price or market value of publicly held shares compliance period, will remain at that same stage of the process and will not be subject to being delisted for these concerns. These rules will be reinstated on Monday, January 19, 2009, and the first relevant trade date will be Tuesday, January 20, 2009.

As of October 16, 2008, Nutrition 21 had 66 calendar days remaining within its compliance period. Therefore, upon reinstatement of the rules, the Company will still have this number of days, or until March 26, 2009, to regain compliance. Nutrition 21 can regain compliance, either during the suspension or during the compliance period resuming after the suspension, by achieving a $1 closing bid price for a minimum of 10 consecutive trading days.


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 hereto duly authorized.
 
     
  Nutrition 21, Inc.
  (Registrant)
 
 		  
 		  
 
Date: October 28, 2008 By:   /s/ Michael A. Zeher
 
Michael A. Zeher
  President & Chief Executive Officer
 
 
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