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Hayes Lemmerz International 8-K 2009 UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
8-K
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:
ITEM 3.01. Notice of Delisting or Failure to
Satisfy a Continued Listing Rule or Standard; Transfer of Listing.
On May 4, 2009, Hayes
Lemmerz International, Inc. (the
“Company”) received a letter
from the NASDAQ Stock Market (“Nasdaq”) notifying the Company that it was no longer in
compliance with the rules for continued listing according to Listing Rule
5250(c)(1) as a result of its failure to file its Annual Report on Form 10-K for the fiscal
year ended January 31, 2009 (the “Form
10-K”), with the United
States Securities and Exchange Commission
within the required period. The Company has until July 3, 2009, to submit a plan to regain compliance with
Nasdaq’s continuing listing standards. The Company expects to file its
Form 10-K on or before May 15,
2009. This notification has no effect on the listing of the
Company’s common stock at this time.
A copy of the press release announcing the Company’s receipt of the
letter from Nasdaq is attached
hereto as Exhibit 99.1 and is incorporated herein by reference.
ITEM 7.01. Regulation FD Disclosure>.
The Company is in discussions with its
lenders under its Second Amended and Restated Credit Agreement dated as of May
30, 2007 (the “Credit Agreement”), to request approval of a proposed amendment
to the Credit Agreement to provide the Company with additional financing and to
modify certain covenants contained in the Credit Agreement. No
assurances can be given that such lenders will approve the proposed
amendment.
The information contained in this Item
7.01 is not filed for purposes of the Securities Exchange Act of 1934, as
amended, and is not deemed incorporated by reference by any general statements
incorporating by reference this report or future filings into any filings under
the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934,
as amended, except to the extent the Company specifically incorporates the
information by reference. By including this Item 7.01 disclosure in
the filing of this Current Report on Form 8-K and furnishing this information,
the Company makes no admission as to the materiality of any information in this
report that is required to be disclosed solely by reason of Regulation
FD.
(d) Exhibits.
See
Exhibit Index. 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.
EXHIBIT
INDEX
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