0000876661-16-001415.txt : 20161118
0000876661-16-001415.hdr.sgml : 20161118
20161118142823
ACCESSION NUMBER: 0000876661-16-001415
CONFORMED SUBMISSION TYPE: 25-NSE
PUBLIC DOCUMENT COUNT: 2
FILED AS OF DATE: 20161118
DATE AS OF CHANGE: 20161118
EFFECTIVENESS DATE: 20161118
SUBJECT COMPANY:
COMPANY DATA:
COMPANY CONFORMED NAME: Violin Memory Inc
CENTRAL INDEX KEY: 0001407190
STANDARD INDUSTRIAL CLASSIFICATION: COMPUTER STORAGE DEVICES [3572]
IRS NUMBER: 000000000
STATE OF INCORPORATION: DE
FISCAL YEAR END: 0131
FILING VALUES:
FORM TYPE: 25-NSE
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-36069
FILM NUMBER: 162007458
BUSINESS ADDRESS:
STREET 1: 4555 GREAT AMERICA PARKWAY
CITY: SANTA CLARA
STATE: CA
ZIP: 95054
BUSINESS PHONE: 650-396-1500
MAIL ADDRESS:
STREET 1: 4555 GREAT AMERICA PARKWAY
CITY: SANTA CLARA
STATE: CA
ZIP: 95054
FILED BY:
COMPANY DATA:
COMPANY CONFORMED NAME: NEW YORK STOCK EXCHANGE LLC
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
FORMER COMPANY:
FORMER CONFORMED NAME: NEW YORK STOCK EXCHANGE INC
DATE OF NAME CHANGE: 19910628
25-NSE
1
primary_doc.xml
X0203
0000876661
NEW YORK STOCK EXCHANGE LLC
1407190
Violin Memory Inc
001-36069
4555 Great America Parkway
Santa Clara
CA
CALIFORNIA
95054
(650) 396-1500
Common Stock
17 CFR 240.12d2-2(b)
Victoria Paper
Senior Analyst
2016-11-18
EX-99.25
2
ruleprovisionnotice.htm
NOTIFICATION OF THE REMOVAL FROM LISTING AND REGISTRATION OF THE STATED SECURITIES
New York Stock Exchange LLC ('NYSE' or the 'Exchange') hereby notifies the Securities and Exchange Commission (the 'Commission') of its intention to remove the entire class of Common Stock (the 'Common Stock') of Violin Memory, Inc. (the 'Company') from listing and registration on the Exchange at the opening of business on November 29, 2016, pursuant to the provisions of Rule 12d2-2(b) because, in the opinion of the Exchange, the Common Stock is no longer suitable for continued listing and trading on the Exchange.
The Exchange is taking this action because the Company fell below the continued listing standard requiring a listed company to maintain an average global market capitalization over a consecutive 30 trading day period of at least $15 million.
1. Section 802.01B of the NYSE Listed Company Manual states, in part, that the Exchange will promptly delist a security of either a domestic or non-U.S. issuer when the issuer's average global market capitalization over a consecutive 30 trading-day period falls below $15 million regardless of the original standard under which the issuer listed.
2. The Exchange, on October 27, 2016, determined that the Common Stock should be suspended from trading after the close on October 27, 2016, and directed the preparation and filing with the Commission of this application for the removal of the Common Stock from listing and registration on the Exchange. The Company was notified by phone on October 27, 2016, and by letter on October 28, 2016.
3. Pursuant to the above authorization, a press release was issued on October 27, 2016. An announcement was made on the 'ticker' of the Exchange at the close of the trading session on October 27, 2016 and other dates of the proposed suspension of trading in the Common Stock. Similar information was included on the Exchange's website. Trading in the Common Stock was suspended at the close of trading on October 27, 2016.
4. The Company had a right to appeal to the Committee for Review (the 'Committee') of the Board of Directors of NYSE Regulation, the determination to delist the 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 the delisting determination. The Company did not file such request within the specified time period. Consequently, all conditions precedent under SEC Rule 12d2-2(b) to the filing of this application have been satisfied.