-----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, U3sLr8ZEXpPeVKTlmoWYT6AO8vFQIK5YqM7RwcAEf97OiYuUZdc6J40njBGZSFC4 VoDY3ODXrENU2/PWmAHJrQ== 0000876661-08-000116.txt : 20080303 0000876661-08-000116.hdr.sgml : 20080303 20080303121423 ACCESSION NUMBER: 0000876661-08-000116 CONFORMED SUBMISSION TYPE: 25-NSE PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20080303 DATE AS OF CHANGE: 20080303 EFFECTIVENESS DATE: 20080303 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: TOUSA INC CENTRAL INDEX KEY: 0001046578 STANDARD INDUSTRIAL CLASSIFICATION: GEN BUILDING CONTRACTORS - RESIDENTIAL BUILDINGS [1520] IRS NUMBER: 760460831 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 25-NSE SEC ACT: 1934 Act SEC FILE NUMBER: 001-32322 FILM NUMBER: 08658591 BUSINESS ADDRESS: STREET 1: 4000 HOLLYWOOD BLVD STREET 2: SUITE 500N CITY: HOLLYWOOD STATE: FL ZIP: 33021 BUSINESS PHONE: 954 364 4000 MAIL ADDRESS: STREET 1: 4000 HOLLYWOOD BLVD STREET 2: SUITE 500N CITY: HOLLYWOOD STATE: FL ZIP: 33021 FORMER COMPANY: FORMER CONFORMED NAME: TECHNICAL OLYMPIC USA INC DATE OF NAME CHANGE: 20020709 FORMER COMPANY: FORMER CONFORMED NAME: NEWMARK HOMES CORP DATE OF NAME CHANGE: 19971117 FORMER COMPANY: FORMER CONFORMED NAME: NEWMARK REALTY INC DATE OF NAME CHANGE: 19970929 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 1046578 TOUSA INC 001-32322
4000 Hollywood Blvd., Suite 500 North Hollywood FL FLORIDA 33021
(954) 364-4000
7 1/2% Senior Subordinated Notes due 2015 17 CFR 240.12d2-2(b) Paras Madho Director 2008-03-03
EX-99.25 2 ruleprovisionnotice.htm NOTIFICATION OF THE REMOVAL FROM LISTING AND REGISTRATION OF THE STATED SECURITIES 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, 9% Senior Notes due July 1, 2010, 9% Senior Notes due July 1, 2010, 7 1/2% Senior Subordinated Notes due March 15, 2011, 7 1/2% Senior Subordinated Notes due January 15, 2015 and the 10 3/8% Senior Subordinated Notes due July 1, 2012 (collectively, the 'Securities') of TOUSA, Inc. (the 'Company') from listing and registration on the Exchange at the opening of business on March 13, 2008, 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 Company has fallen below the Exchange's continued listing standard regarding average closing price less than $1.00 over a consecutive 30 trading day period. In addition, NYSE Regulation also considered the 'abnormally low' trading level of the common stock, which closed at $0.12 on November 15, 2007, with a resultant market capitalization of $7.2 million. Furthermore, the Exchange noted that the Company had also fallen below the NYSE's continued listing standard for average market capitalization less than $75 million over a consecutive 30 trading day period and stockholders' equity of $75 million based on its recently reported results for the quarter ended September 30, 2007. 1. The Exchange's Listed Company Manual, Sections 802.01C and B, states, in part, that the Exchange would normally give consideration to delisting a security of either a domestic or non-U.S. issuer when: average closing price of a security is less than $1.00 over a consecutive 30 trading-day period; average global market capitalization over a consecutive 30 trading-day period is less than $75,000,000 and, at the same time, total stockholders' equity is less than $75,000,000. 2. The Exchange, on November 16, 2007, determined that the Securities should be suspended immediately from trading, 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 November 16 2007. 3. Pursuant to the above authorization, a press release was immediately issued and an announcement was made on the 'ticker' of the Exchange immediately and at the close of the trading session on November 16, 2007, of the suspension of trading in the Securities. Similar information was included on the Exchange's website. 4. On December 3, 2007, the Company requested a hearing before the Committee for Review of the Board of Directors' of NYSE Regulation which was held on January 29, 2008, concerning the Exchange's decision, in accordance with Section 804.00 of the Exchange's Listed Company Manual. 5. On February 15, 2008, the Committee for Review issued a decision that affirmed the determination of the Exchange's Staff to delist the Securities of the Company.
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