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
Date of
report (Date of earliest event reported): October 30,
2009
Senesco Technologies,
Inc.
(Exact
Name of Registrant as Specified in Charter)
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Delaware
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001-31326
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84-1368850
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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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303
George Street, Suite 420, New Brunswick, New Jersey
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08901
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(Address
of Principal Executive Offices)
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(Zip
Code)
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(732) 296-8400
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(Registrant's
telephone number,
including
area code)
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Not applicable
(Former
Name or Former Address, if Changed Since Last Report)
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Check the
appropriate box below if the Form 8-K is intended to simultaneously satisfy
the filing obligation of the registrant under any of the following
provisions:
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)).
Item
3.01 Notice of Delisting
or Failure to Satisfy a Continued Listing Rule or Standard;Transfer of
Listing.
On
October 30, 2009, Senesco Technologies, Inc. (the “Company”) received a notice
from the NYSE Amex LLC (“NYSE”) providing notification that, the Company does
not meet one of the NYSE’s continued listing standards as set forth in Part 10
of the NYSE company guide and the Company has therefore become subject to the
procedures and requirements of Section 1009 of the NYSE company
guide. Specifically, the Company is not in compliance with Section
1003(a)(iii) of the NYSE company guide with stockholder’s equity of less than
$6,000,000 and losses from continuing operations and/or net losses in its five
most recent fiscal years. The Company reported stockholder’s equity
of $5,667,834 at June 30, 2009.
The notice is based on a review by the
NYSE of information which the Company has publicly disclosed, including
information contained in the Company’s Form 10-K for the period ended June 30,
2009 which disclosed the financial status of the Company at that
time.
To maintain an NYSE listing, the
Company must submit a plan by November 30, 2009 advising the NYSE of action it
has taken, or will take that would bring the Company into compliance with the
continued listing standards within a maximum of 18 months from the date of
notification by the NYSE. We are taking steps to prepare and submit such a plan
to the NYSE on or before November 30, 2009.
The Listings Qualifications Department
of the NYSE will evaluate the Company’s plan and determine whether it reasonably
demonstrates the Company’s ability to regain compliance with the continued
listing standards within 18 months. If the NYSE accepts the Company’s plan, the
Company may be able to continue its listing during the plan period provided that
the Company demonstrates progress consistent with its plan and complies with
other applicable NYSE listing qualifications. If the Company fails to submit a
satisfactory plan or fails to demonstrate progress consistent with the plan
accepted by the NYSE, the NYSE may initiate delisting procedures. During the
plan period the Company will be subject to periodic review to determine whether
the Company is making progress consistent with the plan.
Item
9.01 Financial Statements
and Exhibits.
(d)
Exhibits.
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Exhibit No.
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Description
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99.1
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Press
Release, dated November 4, 2009 relating to the receipt of the NYSE
notification.
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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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SENESCO
TECHNOLOGIES, INC.
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Dated:
November 4, 2009
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By:
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/s/
Bruce Galton |
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Name:
Bruce Galton
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Title:
President and Chief Executive
Officer
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