Issuer Delisting; Notice of Application of DynTek, Inc. To Withdraw Its Common Stock, $.0001 par value, and Series A Convertible Preferred Stock and Warrants, From Listing and Registration on the Boston Stock Exchange, Inc., 12758-12759 [E5-1115]
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12758
Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Notices
1–800–877–8339 and ask to be
connected to (202) 326–4024.)
SUPPLEMENTARY INFORMATION:
Tables showing the assumptions
applicable to prior periods are codified
in appendix B to 29 CFR part 4044.
Variable-Rate Premiums
Section 4006(a)(3)(E)(iii)(II) of the
Employee Retirement Income Security
Act of 1974 (ERISA) and § 4006.4(b)(1)
of the PBGC’s regulation on Premium
Rates (29 CFR part 4006) prescribe use
of an assumed interest rate (the
‘‘required interest rate’’) in determining
a single-employer plan’s variable-rate
premium. Pursuant to the Pension
Funding Equity Act of 2004, for
premium payment years beginning in
2004 or 2005, the required interest rate
is the ‘‘applicable percentage’’
(currently 85 percent) of the annual rate
of interest determined by the Secretary
of the Treasury on amounts invested
conservatively in long-term investment
grade corporate bonds for the month
preceding the beginning of the plan year
for which premiums are being paid.
Thus, the required interest rate to be
used in determining variable-rate
premiums for premium payment years
beginning in March 2005 is 4.56 percent
(i.e., 85 percent of the 5.36 percent
composite corporate bond rate for
February 2005 as determined by the
Treasury).
The following table lists the required
interest rates to be used in determining
variable-rate premiums for premium
payment years beginning between April
2004 and March 2005.
Issued in Washington, DC, on this 9th day
of March 2005.
Vincent K. Snowbarger,
Deputy Executive Director, Pension Benefit
Guaranty Corporation.
[FR Doc. 05–5009 Filed 3–14–05; 8:45 am]
The required interest rate is:
For premium payment years
beginning in:
April 2004 .................................
May 2004 ..................................
June 2004 .................................
July 2004 ..................................
August 2004 .............................
September 2004 .......................
October 2004 ............................
November 2004 ........................
December 2004 ........................
January 2005 ............................
February 2005 ..........................
March 2005 ...............................
4.62
4.98
5.26
5.25
5.10
4.95
4.79
4.73
4.75
4.73
4.66
4.56
Multiemployer Plan Valuations
Following Mass Withdrawal
The PBGC’s regulation on Duties of
Plan Sponsor Following Mass
Withdrawal (29 CFR part 4281)
prescribes the use of interest
assumptions under the PBGC’s
regulation on Allocation of Assets in
Single-Employer Plans (29 CFR part
4044). The interest assumptions
applicable to valuation dates in April
2005 under part 4044 are contained in
an amendment to part 4044 published
elsewhere in today’s Federal Register.
VerDate jul<14>2003
15:31 Mar 14, 2005
Jkt 205001
BILLING CODE 7708–01–P
SECURITIES AND EXCHANGE
COMMISSION
[File No. 1–11568]
Issuer Delisting; Notice of Application
of DynTek, Inc. To Withdraw Its
Common Stock, $.0001 par value, and
Series A Convertible Preferred Stock
and Warrants, From Listing and
Registration on the Boston Stock
Exchange, Inc.
March 9, 2005.
On February 23, 2005, DynTek, Inc. a
Delaware corporation (‘‘Issuer’’), filed
an application with the Securities and
Exchange Commission (‘‘Commission’’),
pursuant to Section 12(d) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 12d2–2(d)
thereunder,2 to withdraw its common
stock, $.0001 par value, and series A
convertible preferred stock and warrants
(collectively ‘‘Securities’’), from listing
and registration on the Boston Stock
Exchange, Inc. (‘‘BSE’’).
On February 3, 2005, the Board of
Directors (‘‘Board’’) of the Issuer
approved resolutions to withdraw the
Securities from listing and registration
on BSE. The Board stated that the
following reasons factored into its
decision. In connection with the Issuer’s
voluntary withdrawal of Securities from
inclusion for trading on Nasdaq
SmallCap Market (‘‘Nasdaq’’) on
December 15, 2004, the Board
determined that such withdrawal was in
the best interests of the Issuer and its
stockholders, and the Issuer’s current
principal market maker has acted to
continue to make a market in the
Securities on the OTC Bulletin Board.
The Issuer believes that its stockholders
would be better served by channeling its
resources into efforts that will accelerate
the profitable growth of the Issuer, and
that the ongoing costs, distractions, and
uncertainties of the process to maintain
a Nasdaq listing for the Issuer at that
time was warranted. After the Issuer’s
voluntary withdrawal from listing on
Nasdaq, the Issuer received a letter
PO 00000
1 15
2 17
U.S.C. 78l(d).
CFR 240.12d2–2(d).
Frm 00114
Fmt 4703
Sfmt 4703
dated December 20, 2004 from BSE
requesting additional information
regarding the Issuer’s decision to
voluntary withdraw from Nasdaq, as
well as other information pertaining to
the listing of the Securities on BSE.
After corresponding with BSE, the
Board determined that it is in the best
interest of the Issuer and its
stockholders to voluntarily withdraw
the listing of its Securities from BSE and
requested that the Issuer’s current
market makers continue to make
markets in the Securities on the OTC
Bulletin Board.
The Issuer stated in its application
that it has complied with BSE rules
governing the withdrawal of a security
from BSE by complying with all
applicable laws in effect in the State of
Delaware, the state in which the Issuer
is incorporated, and by complying with
BSE procedures for delisting by filing
the required documents governing the
withdrawal of a security from listing
and registration on BSE.
The Issuer’s application relates solely
to withdrawal of the Securities from
listing on BSE and from registration
under Section 12(b) of the Act,3 and
shall not affect its obligation to be
registered under Section 12(g) of the
Act.4
Any interested person may, on or
before April 4, 2005, comment on the
facts bearing upon whether the
application has been made in
accordance with the rules of the BSE,
and what terms, if any, should be
imposed by the Commission for the
protection of investors. All comment
letters may be submitted by either of the
following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/delist.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include the
File Number 1–11568 or;
Paper Comments
• Send paper comments in triplicate
to Jonathan G. Katz, Secretary,
Securities and Exchange Commission,
450 Fifth Street, NW., Washington, DC
20549–0609.
All submissions should refer to File
Number 1–11568. This file number
should be included on the subject line
if e-mail is used. To help us process and
review your comments more efficiently,
please use only one method. The
Commission will post all comments on
the Commission’s Internet Web site
3 15
4 15
E:\FR\FM\15MRN1.SGM
U.S.C. 78l(b).
U.S.C. 78l(g).
15MRN1
Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Notices
(https://www.sec.gov/rules/delist.shtml).
Comments are also available for public
inspection and copying in the
Commission’s Public Reference Room.
All comments received will be posted
without change; we do not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly.
The Commission, based on the
information submitted to it, will issue
an order granting the application after
the date mentioned above, unless the
Commission determines to order a
hearing on the matter.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.5
Jonathan G. Katz,
Secretary.
[FR Doc. E5–1115 Filed 3–14–05; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[File No. 1–04822]
Issuer Delisting; Notice of Application
of Earl Scheib, Inc. To Withdraw Its
Capital Stock, $1.00 Par Value, From
Listing and Registration on the
American Stock Exchange LLC
March 9, 2005.
On February 24, 2005, Earl Scheib,
Inc., a Delaware corporation (‘‘Issuer’’),
filed an application with the Securities
and Exchange Commission
(‘‘Commission’’), pursuant to Section
12(d) of the Securities Exchange Act of
1934 (‘‘Act’’)1 and Rule 12d2–2(d)
thereunder,2 to withdraw its capital
stock, $1.00 par value (‘‘Security’’), from
listing and registration on the American
Stock Exchange LLC (‘‘Amex’’).
On February 23, 2005, the Board of
Directors (‘‘Board’’) of the Issuer
unanimously approved resolutions to
withdraw the Security from listing on
Amex. The Board stated that it
determined it is in the best interest of
the Issuer and its stockholders to
withdraw the Security from Amex for
the following reasons: (1) The Issuer has
fewer than 300 record holders of the
Security; (2) the Security trades in low
volumes and, as a result, listing of the
Security on Amex does not provide
significant liquidity to stockholders; (3)
the expense of maintaining the listing of
the Security on Amex, including the
cost of complying with the Act and the
provision added by the Sarbanes-Oxley
Act of 2002, has had, and is expected in
the future to have, a significant negative
effect on the Issuer’s earnings; (4) the
Issuer’s management believes the Issuer
is the only publicly-traded chain
operator of automotive paint and body
shops, and that the costs of maintaining
its listing on Amex and complying with
the Act place the Issuer at a
disadvantage with competitors who do
not bear these costs nor make the
required disclosures; (5) compliance
with the Act and the listing rules of
Amex demands significant attention
from the Issuer’s management and the
Board, which attention would otherwise
be devoted to developing the Issuer’s
business and pursing strategic
opportunities; and (6) the Issuer has not
sought financing in public capital
markets in many years, and the Issuer’s
management does not expect to do so
for the foreseeable future.
The Issuer stated in its application
that it has met the requirements of
Amex Rule 18 by complying with all
applicable laws in Delaware, in which
it is incorporated, and with Amex’s
rules governing an issuer’s voluntary
withdrawal of a security from listing
and registration.
The Issuer’s application relates solely
to withdrawal of the Security from
listing on Amex and from registration
under Section 12(b) of the Act,3 and
shall not affect its obligation to be
registered under Section 12(g) of the
Act.4
Any interested person may, on or
before April 4, 2005 comment on the
facts bearing upon whether the
application has been made in
accordance with the rules of Amex, and
what terms, if any, should be imposed
by the Commission for the protection of
investors. All comment letters may be
submitted by either of the following
methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/delist.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include the
File Number 1–04822 or;
Paper Comments
• Send paper comments in triplicate
to Jonathan G. Katz, Secretary,
Securities and Exchange Commission,
450 Fifth Street, NW., Washington, DC
20549–0609.
All submissions should refer to File
Number 1–04822. This file number
should be included on the subject line
5 17
CFR 200.30–3(a)(1).
U.S.C. 78l(d).
2 17 CFR 240.12d2–2(d).
VerDate jul<14>2003
15:31 Mar 14, 2005
if e-mail is used. To help us process and
review your comments more efficiently,
please use only one method. The
Commission will post all comments on
the Commission’s Internet Web site
(https://www.sec.gov/rules/delist.shtml).
Comments are also available for public
inspection and copying in the
Commission’s Public Reference Room.
All comments received will be posted
without change; we do not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly.
The Commission, based on the
information submitted to it, will issue
an order granting the application after
the date mentioned above, unless the
Commission determines to order a
hearing on the matter.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.5
Jonathan G. Katz,
Secretary.
[FR Doc. E5–1116 Filed 3–14–05; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[File No. 1–14544]
Issuer Delisting; Notice of Application
of Grupo Imsa, S.A. de C.V. To
Withdraw Its American Depositary
Shares (Represented by American
Depositary Receipts (Each
Representing Nine Equity Units, Each
of Which Consists of Three Series B
Shares, No Par Value, and Two Series
C Shares, No Par Value), From Listing
and Registration on the New York
Stock Exchange, Inc.
March 9, 2005.
On February 10, 2005, Grupo Imsa,
S.A. de C.V., a company organized
under the laws of United Mexican States
(‘‘Issuer’’), filed an application with the
Securities and Exchange Commission
(‘‘Commission’’), pursuant to Section
12(d) of the Securities Exchange Act of
1934 (‘‘Act’’) 1 and Rule 12d2–2(d)
thereunder,2 to withdraw its American
Depositary Shares (each representing
nine equity units, each of which
consists of three Series B shares, no par
value, and two Series C shares, no par
value) (‘‘Security’’), from listing and
registration on the New York Stock
Exchange, Inc. (‘‘NYSE’’).
The Board of Directors (‘‘Board’’) of
the Issuer adopted resolutions, at a
5 17
1 15
CFR 200.30–3(a)(1).
U.S.C. 78l(d).
2 17 CFR 240.12d2–2(d).
3 15
U.S.C. 78l(b).
4 15 U.S.C. 78l(g).
Jkt 205001
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Frm 00115
Fmt 4703
1 15
Sfmt 4703
12759
E:\FR\FM\15MRN1.SGM
15MRN1
]]>Agencies
[Federal Register Volume 70, Number 49 (Tuesday, March 15, 2005)]
[Notices]
[Pages 12758-12759]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-1115]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[File No. 1-11568]
Issuer Delisting; Notice of Application of DynTek, Inc. To
Withdraw Its Common Stock, $.0001 par value, and Series A Convertible
Preferred Stock and Warrants, From Listing and Registration on the
Boston Stock Exchange, Inc.
March 9, 2005.
On February 23, 2005, DynTek, Inc. a Delaware corporation
(``Issuer''), filed an application with the Securities and Exchange
Commission (``Commission''), pursuant to Section 12(d) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 12d2-2(d)
thereunder,\2\ to withdraw its common stock, $.0001 par value, and
series A convertible preferred stock and warrants (collectively
``Securities''), from listing and registration on the Boston Stock
Exchange, Inc. (``BSE'').
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78l(d).
\2\ 17 CFR 240.12d2-2(d).
---------------------------------------------------------------------------
On February 3, 2005, the Board of Directors (``Board'') of the
Issuer approved resolutions to withdraw the Securities from listing and
registration on BSE. The Board stated that the following reasons
factored into its decision. In connection with the Issuer's voluntary
withdrawal of Securities from inclusion for trading on Nasdaq SmallCap
Market (``Nasdaq'') on December 15, 2004, the Board determined that
such withdrawal was in the best interests of the Issuer and its
stockholders, and the Issuer's current principal market maker has acted
to continue to make a market in the Securities on the OTC Bulletin
Board. The Issuer believes that its stockholders would be better served
by channeling its resources into efforts that will accelerate the
profitable growth of the Issuer, and that the ongoing costs,
distractions, and uncertainties of the process to maintain a Nasdaq
listing for the Issuer at that time was warranted. After the Issuer's
voluntary withdrawal from listing on Nasdaq, the Issuer received a
letter dated December 20, 2004 from BSE requesting additional
information regarding the Issuer's decision to voluntary withdraw from
Nasdaq, as well as other information pertaining to the listing of the
Securities on BSE. After corresponding with BSE, the Board determined
that it is in the best interest of the Issuer and its stockholders to
voluntarily withdraw the listing of its Securities from BSE and
requested that the Issuer's current market makers continue to make
markets in the Securities on the OTC Bulletin Board.
The Issuer stated in its application that it has complied with BSE
rules governing the withdrawal of a security from BSE by complying with
all applicable laws in effect in the State of Delaware, the state in
which the Issuer is incorporated, and by complying with BSE procedures
for delisting by filing the required documents governing the withdrawal
of a security from listing and registration on BSE.
The Issuer's application relates solely to withdrawal of the
Securities from listing on BSE and from registration under Section
12(b) of the Act,\3\ and shall not affect its obligation to be
registered under Section 12(g) of the Act.\4\
---------------------------------------------------------------------------
\3\ 15 U.S.C. 78l(b).
\4\ 15 U.S.C. 78l(g).
---------------------------------------------------------------------------
Any interested person may, on or before April 4, 2005, comment on
the facts bearing upon whether the application has been made in
accordance with the rules of the BSE, and what terms, if any, should be
imposed by the Commission for the protection of investors. All comment
letters may be submitted by either of the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://
www.sec.gov/rules/delist.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
the File Number 1-11568 or;
Paper Comments
Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 450 Fifth Street, NW.,
Washington, DC 20549-0609.
All submissions should refer to File Number 1-11568. This file
number should be included on the subject line if e-mail is used. To
help us process and review your comments more efficiently, please use
only one method. The Commission will post all comments on the
Commission's Internet Web site
[[Page 12759]]
(https://www.sec.gov/rules/delist.shtml). Comments are also available
for public inspection and copying in the Commission's Public Reference
Room. All comments received will be posted without change; we do not
edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly.
The Commission, based on the information submitted to it, will
issue an order granting the application after the date mentioned above,
unless the Commission determines to order a hearing on the matter.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\5\
---------------------------------------------------------------------------
\5\ 17 CFR 200.30-3(a)(1).
---------------------------------------------------------------------------
Jonathan G. Katz,
Secretary.4
[FR Doc. E5-1115 Filed 3-14-05; 8:45 am]
BILLING CODE 8010-01-P
