70 FR 73 pgs. 20193-20194 - Issuer Delisting; Notice of Application of E-Z-EM, Inc. To Withdraw Its Common Stock, $.10 Par Value, From Listing and Registration on the American Stock Exchange LLC File No. 1-11479
Type: NOTICEVolume: 70Number: 73Pages: 20193 - 20194
FR document: [FR Doc. 05-7639 Filed 4-15-05; 8:45 am]
Agency: Securities and Exchange Commission
Official PDF Version: PDF Version
SECURITIES AND EXCHANGE COMMISSION
Issuer Delisting; Notice of Application of E-Z-EM, Inc. To Withdraw Its Common Stock, $.10 Par Value, From Listing and Registration on the American Stock Exchange LLC File No. 1-11479
April 8, 2005.
On April 1, 2005, E-Z-EM, Inc., a Delaware corporation ("Issuer"), filed an applicationwith the Securities and Exchange Commission ("Commission"), pursuant to Section 12(d) of theSecurities Exchange Act of 1934 ("Act")1and Rule 12d2-2(d) thereunder,2to withdraw itscommon stock, $.10 par value ("Security"), from listing and registration on the American Stock Exchange LLC ("Amex").
Footnotes:
1 15 U.S.C. 78 l (d).
2 17 CFR 240.12d2-2(d).
On March 30, 2005, the Board of Directors ("Board") of the Issuer approved resolutionsto withdraw the Security from listing and registration on Amex and to list the Security on TheNasdaq National Market Systems ("Nasdaq"). The Issuer stated that the Board determined thatNasdaq is a more efficient and better structured marketplace that may provide the Issuer with avariety of advantages over Amex, including, but not limited to, a screen-based electronicmarketplace with competing market makers, increased liquidity, faster trade execution time andbetter execution quality. The Board also stated that it believes that the public's positiveperception of Nasdaq marketplace may provide better identity and improved visibility for theIssuer. The Issuer stated that it expects trading in the Security on Nasdaq to begin April 12, 2005.
The Issuer stated in its application that it has met the requirements of Amex Rule 18 bycomplying with all applicable laws in effect in the state of Delaware, in which it is incorporated,and provided written notice of withdrawal to Amex.
The Issuer's application relates solely to withdrawal of the Security from listing on theAmex and from registration under Section 12(b) of the Act,3and shall not affect its obligation tobe registered under Section 12(g) of the Act.4
Footnotes:
3 15 U.S.C. 78 l (b).
4 15 U.S.C. 78 l (g).
Any interested person may, on or before May 3, 2005, comment on the facts bearing uponwhether the application has been made in accordance with the rules of Amex, and what terms, ifany, should be imposed by the Commission for the protection of investors. All comment lettersmay be submitted by either of the following methods:
Electronic Comments
• Use the Commission's Internet comment form ( http://www.sec.gov/rules/delist.shtml ); or
• Send an e-mail to rule-comments@sec.gov . Please include the File Number 1-11479 or;
Paper Comments
• Send paper comments in triplicate to Jonathan G. Katz, Secretary, Securities andExchange Commission, 450 Fifth Street, NW., Washington, DC 20549-0609.All submissions should refer to File Number 1-11479. This file number should be included onthe subject line if e-mail is used. To help us process and review your comments moreefficiently, please use only one method. The Commission will post all comments on theCommission's Internet Web site ( http://www.sec.gov/rules/delist.shtml ). Comments are alsoavailable for public inspection and copying in the Commission's Public Reference Room. Allcomments received will be posted without change; we do not edit personal identifyinginformation from submissions. You should submit only information that you wish to makeavailable publicly.
The Commission, based on the information submitted to it, will issue an order grantingthe application after the date mentioned above, unless the Commission determines to order ahearing on the matter.
For the Commission, by the Division of Market Regulation, pursuant to delegated authority.5
Footnotes:
5 17 CFR 200.30-3(a)(1).
Jonathan G. Katz,
Secretary.
[FR Doc. 05-7639 Filed 4-15-05; 8:45 am]
BILLING CODE 8010-01-M