0000876661-23-000397.txt : 20230511 0000876661-23-000397.hdr.sgml : 20230511 20230511153849 ACCESSION NUMBER: 0000876661-23-000397 CONFORMED SUBMISSION TYPE: 25-NSE PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20230511 DATE AS OF CHANGE: 20230511 EFFECTIVENESS DATE: 20230511 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: Silvergate Capital Corp CENTRAL INDEX KEY: 0001312109 STANDARD INDUSTRIAL CLASSIFICATION: STATE COMMERCIAL BANKS [6022] IRS NUMBER: 000000000 STATE OF INCORPORATION: MD FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 25-NSE SEC ACT: 1934 Act SEC FILE NUMBER: 001-39123 FILM NUMBER: 23910639 BUSINESS ADDRESS: STREET 1: 4250 EXECUTIVE SQUARE STE 300 CITY: LA JOLLA STATE: CA ZIP: 92037 BUSINESS PHONE: (858) 362-6300 MAIL ADDRESS: STREET 1: 4250 EXECUTIVE SQUARE STE 300 CITY: LA JOLLA STATE: CA ZIP: 92037 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 0001312109 Silvergate Capital Corp 001-39123

4250 Executive Square La Jolla CA CALIFORNIA 92037

Class A Common Stock and Depositary Shares 17 CFR 240.12d2-2(b) Daniel Contrastano Manager, Market Watch & Proxy Compliance 2023-05-11 EX-99.25 2 ruleprovisionnotice.htm NOTIFICATION OF THE REMOVAL FROM LISTING AND REGISTRATION OF THE STATED SECURITIES The New York Stock Exchange ('NYSE' or the 'Exchange') hereby notifies the Securities and Exchange Commission (the 'Commission') of its intention to remove the Class A Common Stock, par value $0.01 per share and Depositary Shares, Each Representing a 1/40th Interest in a Share of 5.375% Fixed Rate Non-Cumulative Perpetual Preferred Stock, Series A (the "Securities") of Silvergate Capital Corporation (the "Company") from listing and registration on the Exchange at the opening of business on May 22, 2023, 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 Exchange reached its decision pursuant to Section 802.01E of the Listed Company Manual (the 'Manual') because the Company is currently delayed in filing with the Securities and Exchange Commission (the "SEC") its fiscal year ended December 31, 2022 Form 10-K. On May 11, 2023, the Company filed a Form 8-K with the SEC disclosing that it is unable to complete this filing or its Form 10-Q for the quarter ended March 31, 2023 and does not expect to be able to file any quarterly reports on Form 10-Q or annual reports on Form 10-K for subsequent periods. As a result, the Company will not be able to cure the late filer delinquency by the maximum allowable trading period under Section 802.01E of the NYSE's Listed Company Manual. On May 10, 2023, the Exchange halted trading in the Company's Securities. On May 11, 2023, the Exchange determined that the Securities of the Company should be suspended 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 NYSE. The Company was notified by letter on May 11, 2023. The Company had a right to appeal to a Committee of the Board of Directors of the Exchange (the 'Committee') the determination to delist the Securities, provided 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 notified the Exchange via e-mail on May 11, 2023 that it will waive its right to appeal. Consequently, all conditions precedent under SEC Rule 12d2-2(b) to the filing of this application have been satisfied.