- Current report filing (8-K)
08 Januar 2009 - 3:17PM
Edgar (US Regulatory)
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): January 2, 2009
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MRU Holdings,
Inc.
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(Exact Name of Registrant as
Specified in its Charter)
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Delaware
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(State or Other Jurisdiction
of Incorporation)
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001-33073
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33-0954381
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(Commission
File Number)
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(I.R.S.
Employer Identification No.)
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590
Madison Avenue, 13
th
Floor
New
York, New York
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10022
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(Address of
Principal Executive Offices)
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(Zip
Code)
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(212)
398-1780
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(Registrant’s Telephone
Number, Including Area Code)
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Not
Applicable
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(Former
Name or Former Address, if Changed Since Last
Report)
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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.):
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
3.01
Notice
of Delisting or Failure to Satisfy a Continued Listing Rule or Standard;
Transfer of Listing.
(a) On
January 2, 2009 MRU Holdings, Inc. (the “Company”) received a letter dated
January 2, 2009 from the Listing Qualifications Department of The Nasdaq Stock
Market (“Nasdaq”) advising the Company that, unless the Company appeals Nasdaq’s
determination that the Company is not in compliance with Marketplace Rule
4450(a)(3), trading in the Company’s Common Stock will be suspended at the
opening of business on January 13, 2009 and that a Form 25-NSE will be filed
with the Securities and Exchange Commission which will have the effect of
removing the Company’s Common Stock from listing and registration on The Nasdaq
Stock Market.
According
to the Letter, Nasdaq’s basis for this determination is the Company’s failure to
maintain a minimum stockholders’ equity of $10,000,000, as required by
Marketplace Rule 4450(a)(3) and the Company’s inability to regain compliance
with this requirement since the date (September 18, 2008) of Nasdaq’s initial
notification to the Company of this deficiency.
The
Company intends to appeal the delisting determination by requesting a hearing
with the Nasdaq Listing Qualifications Panel (the “Panel”). A hearing request
will stay the delisting of the Company’s Common Stock pending the Panel’s
decision. There can be no assurance that the Company’s request for continued
listing on Nasdaq will be granted by the Panel.
On
January 8, 2009, the Company issued a press release announcing receipt of the
January 2, 2009 Nasdaq letter as required by Marketplace Rule
4804(b).
A copy of
the press release is included as Exhibit 99.1 to this Form 8−K.
Item
9.01
Financial
Statements and Exhibits
(c)
Exhibits.
99.1
Press
release dated January 8, 2009
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, as amended, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
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MRU
HOLDINGS, INC.
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By:
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/s/ Jonathan
Coblentz
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Name: Jonathan
Coblentz
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Title:
Chief Financial Officer and Treasurer
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