UNITED STATES | ||
SECURITIES AND EXCHANGE COMMISSION | ||
Washington, D.C. 20549 | ||
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FORM 25 |
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NOTIFICATION OF REMOVAL FROM LISTING AND/OR REGISTRATION UNDER SECTION 12(b) OF THE SECURITIES EXCHANGE ACT OF 1934. |
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Commission File Number 001-33170 | ||
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Issuer: | NETLIST INC |
Exchange: | The Nasdaq Stock Market LLC |
(Exact name of Issuer as specified in its charter, and name of Exchange where security is listed and/or registered) |
Address: |
175 Technology Drive, Suite 150
Irvine, CALIFORNIA 92618 |
Telephone number: | 949 435-0025 |
(Address, including zip code, and telephone number, including area code, of Issuer's principal executive offices) |
Common Stock |
(Description of class of securities) |
Please place an X in the box to designate the rule provision relied upon to strike the class of securities from listing and registration: |
o 17 CFR 240.12d2-2(a)(1) |
o 17 CFR 240.12d2-2(a)(2) |
o 17 CFR 240.12d2-2(a)(3) |
o 17 CFR 240.12d2-2(a)(4) |
x Pursuant to 17 CFR 240.12d2-2(b), the Exchange has complied with its rules to strike the class of securities from listing and/or withdraw registration on the Exchange. 1 |
o Pursuant to 17 CFR 240.12d2-2(c), the Issuer has complied with its rules of the Exchange and the requirements of 17 CFR 240.12d-2(c) governing the voluntary withdrawal of the class of securities from listing and registration on the Exchange. |
Pursuant to the requirements for the Securities Exchange Act of 1934, The Nasdaq Stock Market LLC certifies that it has reasonable grounds to believe that it meets all of the requirements for filing the Form 25 and has caused this notification to be signed on its behalf by the undersigned duly authorized person. |
2019-01-08 | By | Amy Horton | Hearings Advisor | |
Date | Name | Title | ||
1 | Form 25 and attached Notice will be considered compliance with the provisions of 17 CFR 240.19d-1 as applicable. See General Instructions. |
Delisting Determination,The Nasdaq Stock Market, LLC,
January 8, 2019, Netlist, Inc. The Nasdaq
Stock Market, Inc. (the Exchange) has determined to remove
from listing the common stock of Netlist, Inc.
(the Company), effective at the opening of the trading
session on January 18, 2019. Based on review of information
provided by the Company, Nasdaq Staff determined that the
Company no longer qualified for listing on the Exchange
pursuant to Listing Rule 5550(a)(2).
The Company was notified of the Staffs determination on
March 29, 2018. The Company appealed the determination
to a Hearing Panel. Upon review of the information provided
by the Company, the Panel issued a decision dated
May 17, 2018, granting the Company continued listing
pursuant to an exception that included several milestones
that the Company was required to meet, towards the goal
of regaining compliance with Listing Rules 5450(b)(2)(A)
and 5550(b)(2). However, the Company was
unable to meet the exception milestones as required.
On September 25, 2018, the Panel issued a final delisting
determination and notified the Company that trading in the Companys
securities would be suspended on September 27, 2018.
The Company did not request a review of the Panels decision
by the Nasdaq Listing and Hearing Review Council. The
Listing Council did not call the matter for review.
The Panels Determination to delist the Company
became final on November 9, 2018.