Current Report on Form 8-K
 

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)
March 28, 2007
 
TURBOCHEF TECHNOLOGIES, INC.
(Exact Name of Registrant as Specified in Charter)
 
Delaware
  
0-23478
  
48-1100390
(State or Other Jurisdiction
of Incorporation)
  
(Commission
File Number)
  
(IRS Employer
Identification No.)

Six Concourse Parkway, Suite 1900, Atlanta, Georgia
30328
(Address of Principal Executive Offices)
(Zip Code)

Registrant’s telephone number, including area code:
(678) 987-1700
 

Not Applicable
(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 3.01
NOTICE OF DELISTING OR FAILURE TO SATISFY A CONTINUED LISTING RULE OR STANDARD; TRANSFER OF LISTING
 
On March 28, 2007 the Company received a Nasdaq Staff Determination letter stating that the Company is not in compliance with its periodic reports filing requirements for continued listing set forth in NASDAQ Marketplace Rule 4310(c)(14), and its common stock is subject to delisting from The Nasdaq Global Market, because of the Company’s inability to timely file its Annual Report on Form 10-K for fiscal year 2006.
 
The Company will request a hearing before a Nasdaq Listing Qualifications Panel (the “Panel”) to review the Staff Determination. There can be no assurance that the Panel will grant the Company’s request for continued listing, but until the Panel’s decision, the Company’s shares will remain listed for trading on The Nasdaq Global Market after its timely request for a hearing.
 
The Company filed on March 19, 2007 a notice on Form 12b-25 relating to the Company’s filing of its Annual Report on Form 10-K for fiscal year 2006. The information in that filing is incorporated herein by reference. The Company issued a press release on April 2, 2007 disclosing its receipt of the letter from Nasdaq. That press release is filed as an exhibit hereto.
 
ITEM 9.01
FINANCIAL STATEMENTS AND EXHIBITS
 
(d)    Exhibits.
 
Exhibit No.
Description
   
99.1
Press Release of TurboChef Technologies, Inc. dated April 2, 2007

 
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.
 
 
 
TURBOCHEF TECHNOLOGIES, INC.
(Registrant)
 
By: /s/ James A. Cochran                                 
       James A. Cochran
       Senior Vice President and Chief Financial Officer
 
Date: April 2, 2007