Unassociated Document
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
DC 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) September 17,
2009
(Exact
Name of Registrant as Specified in Its Charter)
(State or
Other Jurisdiction of Incorporation)
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001-14015
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77-0262908
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(Commission
File Number)
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(IRS
Employer Identification No.)
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3590
East Columbia Street, Tucson, Arizona
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85714
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(Address
of Principal Executive Offices)
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(Zip
Code)
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(Registrant’s
Telephone Number, Including Area Code)
(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))
Item
1.02. Notice of Delisting or Failure to Satisfy a Continued Listing
Rule or Standard; Transfer of Listing
On
September 17, 2009 the Registrant received a notice from The NASDAQ Stock Market
stating that the minimum bid price of its common stock was below $1.00 per share
for 30 consecutive business days and that the Registrant was therefore not in
compliance with Marketplace Rule 5450(a)(2). The notification letter has no
effect at this time on the listing of the Registrant's common stock on The
NASDAQ Global Market. Applied Energetics common stock will continue to trade on
The NASDAQ Global Market under the symbol AERG.
The
notification letter states that the Registrant will be afforded 180 calendar
days, or until March 16, 2010, to regain compliance with the minimum closing bid
requirement. In accordance with Marketplace Rule 5810(c)(3)(a), the Registrant
can regain compliance if the closing bid price of the Registrant's common stock
meets or exceeds $1.00 per share for at least 10 consecutive business
days.
If the
Registrant does not regain compliance by March 16, 2010, NASDAQ will provide
written notification to the Registrant that the Company's securities are subject
to delisting. In the event the Registrant does not regain compliance by March
16, 2010, the Company may be eligible for an additional 180 calendar day grace
period if it meets the initial listing standards, with the exception of bid
price, for The NASDAQ Capital Market. The Registrant believes that it currently
meets the initial listing requirements for The NASDAQ Capital Market (other than
the bid price) and intends to apply for such listing if it does not
regain compliance with the minimum bid price requirement for continued listing
on The NASDAQ Global Market.
Item
9.01 Financial
Statements and Exhibits
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(d)
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Exhibit
99.1
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Press
Release dated September 23, 2009
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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 thereunto duly
authorized.
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APPLIED
ENERGETICS, INC.
(Registrant)
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By:
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/s/ Joseph
Hayden |
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Joseph
Hayden
Chief
Operating Officer
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Date: September
23, 2009