SECURITIES AND EXCHANGE COMMISSION
Issuer Delisting; Order Granting the Application of TurboChef Technologies Inc. to Withdraw its Common Stock, $.01 par value, from Listing and Registration on the American Stock Exchange LLC File No. 1-32334
July 20, 2005
On June 13, 2005, TurboChef Technologies Inc., a Delaware corporation ("Issuer"), filed an application with the Securities and Exchange Commission ("Commission"), pursuant to Section 12(d) of the Securities Exchange Act of 1934 ("Act")1 and Rule 12d2-2(d) thereunder,2 to withdraw its common stock, $.01 par value ("Security"), from listing and registration on the American Stock Exchange LLC ("Amex"). Notice of such application was published in the Federal Register on June 29, 2005.3 No comments were received. The Commission is granting the application as stated below.
On March 7, 2005, the Board of Directors ("Board") of the Issuer unanimously approved a proposal to withdraw the Security from listing on Amex and to list the Security on the Nasdaq National Market ("Nasdaq"). The Issuer stated that the reason for such action is that the Issuer believes that with respect to its own securities and stockholders, the trading system and involvement of market makers on Nasdaq is preferable to the Amex system of specialists, and a Nasdaq listing may be more attractive and provide the Issuer more exposure to potential investors.
The Issuer stated in its application that it has met the requirements of Amex Rule 18 by complying with all applicable laws in effect in the state of Delaware, in which it is incorporated, and provided written notice of withdrawal to Amex. The Issuer's application relates solely to withdrawal of the Security from listing on Amex and from registration under Section 12(b) of the Act,4 and shall not affect its obligation to be registered under Section 12(g) of the Act.5
The Commission, having considered the facts stated in the application and having due regard for the public interest and protection of investors, orders that the application be, and it hereby is, granted, effective at the opening of business on July 21, 2005.
For the Commission, by the Division of Market Regulation, pursuant to delegated authority.6
Jonathan G. Katz
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