form8k.htm
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): March 24, 2008
PRESSTEK,
INC.
(Exact
Name of Registrant as Specified in Its Charter)
Delaware
(State or
Other Jurisdiction of Incorporation)
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0-17541
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02-0415170
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(Commission
File Number)
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(IRS
Employer Identification No.)
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2
Greenwich Office Park
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Greenwich, Connecticut
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06831
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(Address
of Principal Executive Offices)
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(Zip
Code)
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(866)
535-2230
(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 March
14, 2008, the Company filed a Form 12b-25, Notification of Late Filing, with the
Securities and Exchange Commission (SEC) with regard to its Annual Report on
Form 10-K for the period ended December 29, 2007 (Fiscal 2007 Form 10-K),
indicating that the Company would not be able to timely file its Fiscal 2007
Form 10-K, nor could it represent that it would be able to file its Fiscal 2007
Form 10-K by the extended due date of March 28, 2008.
Based on
the foregoing, on March 24, 2008, the Company received a NASDAQ Staff
Determination notifying the Company that the failure to timely file the Fiscal
2007 Form 10-K 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
April 2, 2008 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 will be filing an appeal and will request 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.
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Exhibit No.
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Description
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99.1
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Press
release of Presstek, Inc. dated March 28, 2008 notifying receipt of NASDAQ
Staff Determination.
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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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PRESSTEK,
INC.
(Registrant)
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Date:
March 28, 2008
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/s/ Jeffrey A. Cook
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Jeffrey
A. Cook
Executive
Vice President and Chief Financial
Officer
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EXHIBIT
INDEX
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Exhibit No.
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Description
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99.1
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Press
release of Presstek, Inc. dated March 28, 2008 notifying receipt of NASDAQ
Staff Determination.
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