UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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FORM 25
NOTIFICATION OF REMOVAL FROM LISTING AND/OR
REGISTRATION UNDER SECTION 12(b) OF THE
SECURITIES EXCHANGE ACT OF 1934
Commission File Number 1-9390
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JACK IN THE BOX INC.: THE NEW YORK STOCK EXCHANGE
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(Exact name of Issuer as specified in its charter, and name of
Exchange where security is listed and/or registered)
9330 Balboa Avenue, San Diego, CA 92123 (858) 571-2121
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(Address, including zip code, and telephone number, including area code,
of Issuer's principal executive offices)
Common Stock, par value $.01; Stock Purchase Rights; Series A Junior
Participating Cummulative Preferred Stock
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(Description of class of securities)
Please place an X in the box to designate the rule provision relied upon to
strike the class of securities from listing and registration:
|_| 17 CFR240.12d2-2(a)(1)
|_| 17 CFR240.12d2-2(a)(2)
|_| 17 CFR240.12d2-2(a)(3)
|_| 17 CFR240.12d2-2(a)(4)
|_| Pursuant to 17 CFR240.12d2-2(b), the Exchange has complied with its rules
to strike the class of securities from listing and/or withdraw registration
on the Exchange.(1)
|X| Pursuant to 17 CFR240.12d2-2(c), the Issuer has complied with its rules of
the Exchange and the requirements of 17 CFR240.12d2-2(c) governing the
voluntary withdrawal of the class of securities from listing and
registration on the Exchange.
Pursuant to the requirements of the Securities Exchange Act of 1934,Jack in the
Box Inc. (Name of the Issuer or Exchange) certifies that it has reasonable
grounds to believe that it meets all of the requirements for filing the Form 25
and has caused this notification to be signed on its behalf by the undersigned
duly authorized person.
December 11, 2008 Jack in the Box Inc.
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By: /s/ Phillip H. Rudolph
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Phillip H. Rudolph
Senior Vice President, General Counsel
and Corporate Secretary
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(1) Form 25 and attached Notice will be considered compliance with the
provisions of 17 CFR 240. 19d-1 as applicable. See General Instructions.
Persons who respond to the collection of information
SEC 1654 (03-06) contained in this form are not required to respond unless
the form displays a currently valid OMB control number
GENERAL INSTRUCTIONS
1. This form is required by Rule 12d2-2 (17 CFR 240.12d2-2) of the General
Rules and Regulations under the Securities Exchange Act of 1934 ("Exchange
Act").
2. Exchanges: Attach the delisting determination to this Form 25 to serve as the
required Notice pursuant to Exchange Act Rule 19d-1 (17 CFR 240.19d-1). Form
25 and the attached Notice will be considered compliance with the provisions
of Rule 19d- I as applicable.
3. The Form 25 and any attachments must be filed electronically on the EDGAR
database.
4. The removal of the class of securities from listing on the exchange shall be
effective l0 days after filing the Form 25. With respect to the filing of any
amendment to Form 25, the removal of the class of securities from listing on
the exchange shall be effective 10 days after filing the amended Form 25.
5. The withdrawal of registration of a class of securities registered under
Section 12(b) of the Exchange Act shall take effect in 90 days, or such shorter
period as the Commission may determine, after the exchange or issuer files a
Form 25 with the Commission. With respect to the filing of any amendment to
Form 25, the withdrawal of registration of a class of securities registered
under Section 12(b) shall take effect in 90 days, or such shorter period as
the Commission may determine, after the exchange or issuer files the amended
Form 25.
6. For purposes of Section 12 of the Exchange Act, a class of securities shall
no longer be considered listed on a national securities exchange upon the
effective date of delisting even though the withdrawal of registration is
effective at a later time.
7. The issuer's duty to file any reports under Section 13(a) of the Exchange Act
and the rules and regulations thereunder as a result of the security's
registration under Section 12(b) of the Exchange Act shall be suspended upon the
effective date of the delisting. If, following the effective date of delisting,
the withdrawal of registration under Section 12(b) is delayed by the Commission,
an exchange, or an issuer, the issuer shall, within 60 days of such delay, file
any reports that would have been required under Section 13(a) and the rules and
regulations thereunder, had the Form 25 not been filed. The issuer will also
file any subsequent reports required under Section 13(a) for the duration of the
delay.
8. An issuer whose reporting responsibilities under Section 13(a) of the
Exchange Act are suspended for a class of securities under Rule 12d2-2(d)(5) is,
nevertheless, required to file any reports that an issuer with such a class of
securities registered under Section 12 of the Exchange Act would be required to
file under Section 13(a) if such class of securities:
(a) is registered under Section 12(g) of the Exchange Act; or
(b)would be registered, or would be required to be registered, under Section
12(g) of the Exchange Act but for the exemption from registration under
Section 12(g) provided by Section 12(g)(2)(A) of the Exchange Act.
9. An issuer whose reporting responsibilities under Section 13(a) of the
Exchange Act are suspended under Rule 12d2-2(d)(5) is, nevertheless, required to
file any reports that would be required under Section 15(d) of the Exchange Act
but for the fact that the reporting obligations are: (a) suspended for a class
of securities under Rule 12d2-2(d)(5): and (b) suspended, terminated, or
otherwise absent under Section 12(g) of the Exchange Act. The reporting
responsibilities of an issuer under Section 15(d) of the Exchange Act shall
continue until the issuer is required to file reports under Section 13(a) of the
Exchange Act or the issuer's reporting responsibilities under Section 15(d) are
otherwise suspended.
10. Issuers should determine if they have additional registration and reporting
requirements under Section 12(g) of the Exchange Act and reporting obligations
pursuant to Section 15(d) of the Exchange Act upon the filing of Form 25.
11. In any case where the Commission has commenced a proceeding under Section 12
of the Exchange Act prior to the withdrawal of the registration of a class of
securities becoming effective, such security will remain registered under
Section 12(b) of the Exchange Act until the final decision of such proceeding,
or until the Commission otherwise determines to suspend the effective date of,
or revoke, the registration of a class of securities.
12. In the event removal is being effected under Rule 12d2-2(a)(3) and the
national securities exchange has admitted or intends to admit a successor
security to trading under the temporary exemption provided for by Exchange Act
Rule 12a-5 (17 CFR 240.12a-5) the Form 25 shall be filed with the Commission in
a manner that ensures that the delisting does not become effective until the
successor security is removed from its exempt status.