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): June 28, 2005
DIGITAL POWER CORPORATION
(Exact name of registrant as specified in its charter)
California 1-12711 94-1721931
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(State or other (Commission File No.) (I.R.S. Employer
jurisdiction Identification No.)
of incorporation)
41920 Christy Street, Fremont, California 94538
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(Address of principal executive offices) (Zip Code)
(510) 657-2635
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(Registrant's telephone number, including area code)
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):
[ ] Written communications pursuant to Rule 425 under the Securities Act
(17 CFR 230.425)
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act
(17 CFR 240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
[ ] 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
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Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or
Standard; Transfer of Listing
On June 28, 2005, American Stock Exchange (the "AMEX") approved Digital
Power Corp.'s (the "Company") recovery plan and will continue uninterrupted
trading of the Company's common stock on the AMEX. The recovery plan submitted
to the AMEX advises it of actions the Company has taken or will take to bring
the Company into compliance with the continued listing standards. The targeted
completion date of the plan is November 3, 2006.
The Company is not currently in compliance with the AMEX's listing
requirements (contained in Section 1003(a)(ii) of the AMEX Company Guide)
because its has a shareholders equity of less than $4,000,000 and losses from
continuing operations and/or net losses in three out of its four most recent
fiscal years. Listing is being continued pursuant to an extension. During the
plan period, the Company will be subject to periodic review to determine whether
it is making progress consistent with the plan. If the Company is not in
compliance with the listing standards by November 3, 2006 or fails the periodic
reviews, the AMEX will likely initiate delisting proceedings. If the Company's
shares of common stock are delisted, this may affect the trading market of the
Company's shares.
Section 9 - Financial Statements and Exhibits
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Item 9.01 Financial Statements and Exhibits
Exhibit No. Exhibit Description
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99 Press release dated July 5, 2005, titled
"AMEX Approved Digital Power's
Recovery Plan"
SIGNATURE
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.
DIGITAL POWER CORPORATION,
a California Corporation
Dated: July 5, 2005 /s/ Johnathan Wax
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Jonathan Wax,
Chief Executive Officer and President
EXHIBIT INDEX
Exhibit No. Exhibit Description
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99 Press release dated July 5, 2005, titled
"AMEX Approved Digital Power's
Recovery Plan"