8-K: Current report filing
Published on January 31, 2006
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): January 25, 2006
Access Pharmaceuticals, Inc.
------------------------------------------------------
(Exact name of registrant as specified in its charter)
Delaware 0-9314 83-0221517
- ------------------------ ------------------------ -------------------
(State of Incorporation) (Commission File Number) (I.R.S. Employer
Identification No.)
2600 Stemmons Freeway, Suite 176, Dallas, Texas 75207
----------------------------------------------- ---------
(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: (214) 905-5100
--------------
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:
/ / Written communications pursuant to Rule 425 under the Securities Act
(17 CFR 230.425)
/ / Soliciting material pursuant to Rule 14a-12 under the Exchange Act
(17 CFR 240.14a-12)
/ / Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2 (b))
/ / 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
Access Pharmaceuticals, Inc. (the "Company") has received a notice from the
American Stock Exchange ("AMEX") Listing Qualifications Department denying
the Company's appeal of an AMEX Staff Determination on December 12, 2005
which found that the Company failed to comply with AMEX's continued listing
standards due to losses from continuing operations and/or net losses in two
of its most recent fiscal years with shareholders' equity of less than $2
million, as set forth in Section 1003(a)(i) of the AMEX "Company Guide";
due to losses from continuing operations and/or net losses in three of
its most recent fiscal years with shareholders' equity of less than $4
million, as set forth in Section 1003(a)(ii) of the Company Guide; and
due to losses from continuing operations and/or net losses in four of
its most recent fiscal years with shareholders' equity of less than $6
million, as set forth in Section 1003(a)(iii) of the Company Guide. As
a result, Access Pharmaceuticals, Inc.'s common stock is expected to
be delisted from AMEX effective with the open of business on
Wednesday, February 1, 2006.
Access Pharmaceuticals, Inc.'s quotation for its common stock is expected
to appear in the "Pink Sheets" under the trading symbol "____" on or about
February 1, 2006. Access also expects that its common stock will be quoted
in the future on the OTC Bulletin Board, provided that a market maker files
the necessary application with the NASD and such application is cleared.
A copy of the Company's press release relating to the above matters is
attached hereto as Exhibit 99.1 and is incorporated herein by reference.
Item 9.01
Financial Statements and Exhibits
(c) Exhibits
Exhibit Number Description of Exhibit
- -------------- ----------------------
99.1 Press Release dated January 31, 2006
SIGNATURE
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.
Access Pharmaceuticals, Inc.
(Registrant)
By: /s/ Stephen B. Thompson
------------------
Stephen B. Thompson
Vice President and
Chief Financial Officer
Dated January 31, 2006
3