8-K 1 a07-12851_18k.htm 8-K

 

 

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

April 25, 2007

Date of Report (Date of earliest event reported)

BALLANTYNE OF OMAHA, INC.

(Exact name of registrant as specified in its charter)

Delaware

 

1-13906

 

47-0587703

(State or other jurisdiction of

 

(Commission

 

(IRS Employer

incorporation or organization)

 

File No.)

 

Identification Number)

 

 

 

 

 

4350 McKinley Street

 

 

 

 

Omaha, Nebraska

 

 

 

68112

(Address of principal executive offices)

 

 

 

(Zip Code)

 

(402) 453-4444

(Registrant’s telephone number including area code)

Not Applicable

(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 (see General Instruction A.2. below) :

o    Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o    Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o    Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o    Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 



Form 8-K

Item 5.03          Amendment to Articles of Incorporation or Bylaws; Change in Fiscal Year

On August 8, 2006, the Securities and Exchange Commission approved new AMEX listing standards setting forth Direct Registration System (“DRS”) eligibility requirements. DRS enables investors to maintain securities electronically on the books of a transfer agent or issuer, and allows for the electronic transfer of securities.  To meet DRS requirements, on April 25, 2007, the Company’s Board of Directors amended Article V of its Bylaws to permit the issuance of uncertificated shares, and to authorize the Board to adopt procedures for the registration and transfer of uncertificated securities.

Item 9.01          Financial Statements and Exhibits

99.1. Amendment to Ballantyne of Omaha, Inc. Bylaws

2



SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

BALLANTYNE OF OMAHA, INC.

 

 

 

 

Date: May 1, 2007

By:

/s/ Kevin Herrmann

 

 

 

Kevin Herrmann

 

 

Secretary/Treasurer and

 

 

Chief Financial Officer

 

3