-----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, GynJw62CUovHqrv5bnAyW5Dz+b7orpa77XV18qwWYNo65Uueu0KJxMDg2fpW8hkW boISulcCjSXzLJ7+imD0sQ== 0000876661-09-000144.txt : 20090304 0000876661-09-000144.hdr.sgml : 20090304 20090304142820 ACCESSION NUMBER: 0000876661-09-000144 CONFORMED SUBMISSION TYPE: 25-NSE PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20090304 DATE AS OF CHANGE: 20090304 EFFECTIVENESS DATE: 20090304 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: Qimonda AG CENTRAL INDEX KEY: 0001369377 STANDARD INDUSTRIAL CLASSIFICATION: SEMICONDUCTORS & RELATED DEVICES [3674] IRS NUMBER: 000000000 STATE OF INCORPORATION: 2M FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: 25-NSE SEC ACT: 1934 Act SEC FILE NUMBER: 001-32972 FILM NUMBER: 09654959 BUSINESS ADDRESS: STREET 1: GUSTAV-HEINEMANN-RING 212 CITY: MUNICH STATE: 2M ZIP: D-81739 BUSINESS PHONE: 4989600880 MAIL ADDRESS: STREET 1: GUSTAV-HEINEMANN-RING 212 CITY: MUNICH STATE: 2M ZIP: D-81739 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 0001369377 Qimonda AG 001-32972
GUSTAV-HEINEMANN-RING 212 MUNICH 2M GERMANY D-81739
4989600880
American Depositary Shares (Each representing One Ordinary Share) 17 CFR 240.12d2-2(b) Paras Madho Director 2009-03-04
EX-99.25 2 qimondaag.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 American Depositary Shares (Each representing One Ordinary Share) (the 'Depositary Shares') of Qimonda Ag (the 'Company') from listing and registration on the Exchange at the opening of business on March 16, 2009, pursuant to the provisions of Rule 12d2-2 (b), because, in the opinion of the Exchange, the Depositary Shares are no longer suitable for continued listing and trading on the Exchange. This decision was reached in view of the fact that the Company announced on January 23, 2009, that Qimonda AG and Qimonda Dresden GmbH and Co. OHG had filed an application with the local court in Munich to open insolvency proceedings. In addition, the Company was below compliance with the NYSE's continued listing standards for average share price over a consecutive 30 trading day period of not less than $1.00 and average global market capitalization over a consecutive 30 trading day period of not less than $100 million. 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 that listed under the Exchange's Pure Valuation or Revenue Test when: average global market capitalization over a consecutive 30 trading day period is less than $100,000,000. 2. The Exchange, on January 23, 2009, determined that the Depositary Shares should be suspended immediately, and directed the preparation and filing with the Commission of this application for the removal of the Depositary Shares from listing and registration on the Exchange. The Company was notified verbally on January 23, 2009 and by letter on January 26, 2009. 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 January 23, 2009 of the suspension of trading in the Depositary Shares. Similar information was included on the Exchange's website. 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 Depositary Shares, 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 did not file such request within the specific time period.
-----END PRIVACY-ENHANCED MESSAGE-----