Hayes Lemmerz International 8-K 2009
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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.
See Exhibit Index.
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.