Form 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

Date of Report (Date of earliest event reported): November 16, 2007

PRESSTEK, INC.
(Exact Name of Registrant as Specified in Its Charter)

Delaware
(State or Other Jurisdiction of Incorporation)
 
 
 
0-17541 
 
02-0415170
 
(Commission File Number)
 
(IRS Employer Identification No.)

 
 
 
55 Executive Drive
 
 
Hudson, New Hampshire 
 
03051-4903
 
(Address of Principal Executive Offices)
 
(Zip Code)

(603) 595-7000
(Registrant’s Telephone Number, Including Area Code)

N/A
(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))
 
 

 
 
 



SECTION 3 - SECURITIES AND TRADING MARKETS


Item 3.01.  Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.
 
On November 9, 2007, the Company filed a Form 12b-25, Notification of Late Filing, with the Securities and Exchange Commission (SEC) with regard to its Quarterly Report on Form 10-Q for the period ended September 29, 2007 (Q3 2007 Form 10-Q), indicating that the Company would not be able to timely file its Q3 2007 Form 10-Q, nor could it represent that it would be able to file its Q3 2007 Form 10-Q by the extended due date of November 13, 2007.
 
 
Based on the foregoing, on November 16, 2007, the Company received a NASDAQ Staff Determination notifying the Company that the failure to timely file the Q3 2007 Form 10-Q constitutes a failure to satisfy the filing requirement for continued listing under NASDAQ Marketplace Rule 4310(c) (14) and, therefore, trading in the Company’s securities will be suspended at the open of business on November 27, 2007 and that the Company’s securities will be delisted from the NASDAQ Stock Market (the “Delisting Notice”), unless the Company requests an appeal of the determination. 
 
 
The Company has filed an appeal and requested a hearing before a NASDAQ Listing Qualifications Panel to review the Staff Determination.  The hearing request will stay the suspension of trading and delisting of the Company's securities pending the issuance of the Panel's decision.  However, there can be no assurance that the Panel will grant the Company's request.
 



SECTION 9 - FINANCIAL STATEMENTS AND EXHIBITS

Item 9.01  Financial Statements and Exhibits.

Exhibit No.
Description
99.1
Press release of Presstek, Inc. dated November 21, 2007 notifying receipt of NASDAQ Staff Determination.


 
 
 

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.





 
PRESSTEK, INC.
(Registrant)
 
 
 
 
Date: November 21, 2007
 
 
 
 
/s/ Jeffrey Cook
 
Jeffrey Cook
Senior Vice President and Chief Financial Officer


 
 
 

EXHIBIT INDEX

Exhibit No.
Description
99.1
Press release of Presstek, Inc. dated November 21, 2007 notifying receipt of NASDAQ Staff Determination.