Unassociated Document
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
Date
of Report (Date of earliest event reported): March 1, 2007
eMagin
Corporation
(Exact
name of registrant as specified in its charter)
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Delaware
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000-24757
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56-1764501
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(State
or other jurisdiction of
incorporation)
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(Commission File Number)
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(IRS Employer Identification No.)
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10500
N.E. 8th Street,
Suite 1400, Bellevue, WA 98004
(Address
of principal executive offices and Zip Code)
Registrant's
telephone number, including area code (425)-749-3600
Copies
to:
Richard
A. Friedman, Esq.
Eric
A.
Pinero, Esq.
Sichenzia
Ross Friedman Ference LLP
1065
Avenue of the Americas
New
York,
New York 10018
Phone:
(212) 930-9700
Fax:
(212) 930-9725
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):
[
]
Written communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
[
]
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
[
]
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange
Act
(17 CFR 240.14d-2(b))
[
]
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange
Act
(17 CFR 240.13e-4(c))
As
previously reported in the Current Report on Form 8-K of eMagin Corporation
(the
“Company”) dated as of October 13, 2006, on October 9, 2006, the Company
received notice from the American Stock Exchange (the “AMEX”) Listing
Qualifications Department, stating that the Company does not meet certain of
the
AMEX’s continued listing standards as set forth in Part 10 of the AMEX Company
Guide (the “Company Guide”). Specifically, pursuant to a review by the AMEX of
the Company’s 10-Q for the three and six months ended June 30, 2006, the AMEX
has determined that the Company is not in compliance with Sections 1003(a)(ii)
and 1003(a)(iii) of the Company Guide, respectively, which state, in relevant
part, that the AMEX will normally consider suspending dealings in, or removing
from the list, securities of a company that (a) has stockholders' equity of
less
than $4,000,000 if such company has sustained losses from continuing operations
and/or net losses in three of its four most recent fiscal years; or (b) has
stockholders' equity of less than $6,000,000 if such company has sustained
losses from continuing operations and/or net losses in its five most recent
fiscal years, respectively.
As
previously reported in the Current Report on Form 8-K of the Company dated
as of
January 11, 2007, on January 5, 2007 the Company received notice from the staff
of the AMEX indicating that it intends to strike the Company’s common stock from
listing on AMEX by filing a delisting application with the Securities and
Exchange Commission. In its letter, the AMEX stated that it has determined
that
the Company has failed to comply with the aforementioned continued listing
standards. The
AMEX
rules provide for an appeal of the above decision and the Company requested
a
hearing in accordance with appropriate procedures as outlined by the Company
Guide. The hearing was held on February 27, 2007.
On
March
1, 2007, the Company received notice from the AMEX indicating that the AMEX
will
initiate the delisting process with respect to the Company’s common stock and
will suspend trading on March 12, 2007, in accordance with Part 12 of the
Company Guide. The Company is taking the necessary steps to have its common
stock traded on the Over-the-Counter Bulletin Board.
On
March
7, 2007, the Company issued a press release announcing the AMEX notice, a copy
of which is attached hereto as Exhibit 99.1.
In
accordance with General Instruction B.2 of Form 8-K, the information in this
Current Report on Form 8-K, including Exhibit 99.1, shall not be deemed to
be
“filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as
amended (the “Exchange Act”), or otherwise subject to the liability of that
section, and shall not be incorporated by reference into any registration
statement or other document filed under the Act or the Exchange Act, except
as
shall be expressly set forth by specific reference in such filing.
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(a)
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Financial
statements of business
acquired.
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Not
applicable.
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(b)
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Pro
forma financial
information.
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Not
applicable.
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Exhibit
Number
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Description
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99.1
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Press
Release of eMagin Corporation dated as of March 7,
2007.
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SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant
has
duly caused this report to be signed on its behalf by the undersigned hereunto
duly authorized.
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eMagin
Corporation
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| Date: March
7, 2007 |
By: |
/s/ K.C.
Park |
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Dr.
K.C. Park
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Interim
Chief Executive Officer
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