Tennessee Commerce Bancorp, Inc. - Current report filing (8-K)
22 3월 2008 - 5:33AM
Edgar (US Regulatory)
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):
March 21, 2008 (March 18,
2008)
TENNESSEE COMMERCE BANCORP, INC.
(Exact name of registrant as specified in its charter)
Tennessee
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00051281
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62-1815881
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(State or other jurisdiction of incorporation)
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(Commission File Number)
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(IRS Employer Identification No.)
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381 Mallory Station Road
Suite 207
Franklin, Tennessee
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37067
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(Address of principal executive offices)
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(Zip Code)
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Registrants telephone number, including area code
(615) 599-2274
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
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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o
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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o
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17
CFR 240.14d-2(b))
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o
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17
CFR 240.13e-4(c))
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Item
3.01. Notice of Delisting or Failure to
Satisfy a Continued Listing Rule or Standard; Transfer of Listing.
On
March 18, 2008, Tennessee Commerce Bancorp, Inc. (the Company)
filed a Form 12b-25, Notification of Late Filing, with the Securities and
Exchange Commission (the SEC) with regard to its Annual Report on Form 10-K
for the fiscal year ended December 31, 2007 (the 2007 10-K), confirming
as it had previously reported that the Company would not be able to file the
2007 Form 10-K with the SEC by the prescribed deadline, and that the
Company could not represent that it would be able to file the 2007 Form 10-K
by the extended deadline of April 1, 2008.
Based
on the foregoing, on March 19, 2008, the Company received a NASDAQ Staff
Determination notifying the Company that its failure to file the 2007 Form 10-K
by the prescribed deadline constitutes non-compliance with a filing requirement
for continued listing under NASDAQ Marketplace Rule 4310(c)(14) and,
therefore, trading in the Companys common stock is subject to suspension and
delisting unless the Company requests a hearing before a NASDAQ Listing
Qualifications Panel.
The
Company plans to request a hearing before a NASDAQ Listing Qualifications Panel
to review the NASDAQ Staff Determination. The hearing request will stay
the suspension of trading and delisting of the Companys common stock pending
the issuance of the Panels decision subsequent to the hearing.
In
compliance with NASDAQ Marketplace Rule 4804(b), the Company issued the
press release that is attached as Exhibit 99.1 to this Current Report on Form 8-K,
which is incorporated herein by reference.
Item
9.01. Financial Statements and Exhibits.
(d) Exhibits.
The following exhibits are filed
with this Form 8-K:
Exhibit No.
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Description
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99.1
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Press release of Tennessee Commerce
Bancorp, Inc. dated March 21, 2008.
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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 hereunto duly authorized.
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TENNESSEE COMMERCE BANCORP, INC.
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By:
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/s/
Arthur F. Helf
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Arthur
F. Helf
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Chairman
and Chief Executive Officer
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Date: March 21, 2008
3
Tennessee Commerce Bancorp (TN) (MM) (NASDAQ:TNCC)
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