Issuer Delisting; Notice of Application of Puradyn Filter Technologies Incorporated to Withdraw Its Common Stock, $.001 Par Value, From Listing and Registration on the American Stock Exchange LLC File No. 1-11991, 43202-43203 [E5-3970]

Download as PDF 43202 Federal Register / Vol. 70, No. 142 / Tuesday, July 26, 2005 / Notices please use only one method. The Commission will post all comments on the Commission’s Internet Web site (http://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. and provided written notice of withdrawal to Amex. The Issuer’s application relates solely to the withdrawal of the Security from listing on the Amex, and shall not affect its continued listing on the NYSE or its obligation to be registered under Section 12(b) of the Act.3 Any interested person may, on or before August 12, 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: For the Commission, by the Division of Market Regulation, pursuant to delegated authority.5 Jonathan G. Katz, Secretary. [FR Doc. E5–3971 Filed 7–25–05; 8:45 am] Electronic Comments BILLING CODE 8010–01–P • Use the Commission’s Internet comment form (http://www.sec.gov/ rules/delist.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include the File Number 1–16263 or; Paper Comments SECURITIES AND EXCHANGE COMMISSION [File No. 1–16263] Issuer Delisting; Notice of Application of Marine Products Corporation To Withdraw its Common Stock, $.10 Par Value, From Listing and Registration on the American Stock Exchange LLC July 20, 2005. On June 21, 2005, Marine Products Corporation, 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, $.10 par value (‘‘Security’’), from listing and registration on the American Stock Exchange LLC (‘‘Amex’’). On April 26, 2005, the Board of Directors (‘‘Board’’) of the Issuer unanimously approved a resolution to withdraw the Security from listing on Amex. The Board stated that the reason for its decision to withdraw the Security from Amex is that the Security will be listed on the New York Stock Exchange (‘‘NYSE’’) and it would not be beneficial to maintain continued listing on Amex. The Issuer stated in its application that it has met the requirements of Amex Rule 18 by complying with all applicable laws in effect in the State of Delaware, in which it is incorporated, • Send paper comments in triplicate to Jonathan G. Katz, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–9303. All submissions should refer to File Number 1–16263. 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 (http://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.4 Jonathan G. Katz, Secretary. [FR Doc. E5–3972 Filed 7–25–05; 8:45 am] BILLING CODE 8010–01–P CFR 200.30–3(a)(1). 1 15 U.S.C. 78l(d). 2 17 CFR 240.12d2–2(d). 23:45 Jul 25, 2005 Issuer Delisting; Notice of Application of Puradyn Filter Technologies Incorporated to Withdraw Its Common Stock, $.001 Par Value, From Listing and Registration on the American Stock Exchange LLC File No. 1–11991 July 20, 2005. On June 27, 2005, Puradyn Filter Technologies Incorporated, 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, $.001 par value (‘‘Security’’), from listing and registration on the American Stock Exchange LLC (‘‘Amex’’). The Board of Directors (‘‘Board’’) of the Issuer approved a resolution on June 24, 2005 to withdraw the Security from listing on Amex. The Issuer stated that the following reasons factored into the Board’s decision to withdraw the Security: (i) The Issuer will not be able to obtain timely compliance with Amex’s ongoing financial compliance standards; (ii) the ongoing costs of compliance with Amex’s requirements, including provisions of the SarbanesOxley Act of 2002 as they apply to exchange listed companies; and (iii) in order to secure additional capital and maintain compliance with the Amex’s listing criteria, the Issuer would be required to either limit the amount of financing it is undertaking and the participation by management in such financing or to incur additional costs and defer receipt of such financing pending stockholder approval. The Issuer stated in its application that it has met the requirements of Amex Rule 18 by complying with all applicable laws in effect in the state of Delaware, in which it is incorporated, and by providing written notice of withdrawal to Amex. The Issuer’s application relates solely to the withdrawal of the Securities from listing on Amex and from registration under Section 12(b) of the Act 3 shall not affect its obligation to be registered under Section 12(g) of the Act.4 Any interested person may, on or before August 12, 2005, comment on the facts bearing upon whether the application has been made in 1 15 5 17 VerDate jul<14>2003 SECURITIES AND EXCHANGE COMMISSION U.S.C. 78l(d). CFR 240.12d2–2(d). 3 15 U.S.C. 781(b). 4 15 U.S.C. 781(g). 2 17 3 15 4 17 Jkt 205001 PO 00000 U.S.C. 781(b). CFR 200.30–3(a)(1). Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 70, No. 142 / Tuesday, July 26, 2005 / Notices 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 (http://www.sec.gov/ rules/delist.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include the File Number 1–11991 or; Paper Comments • Send paper comments in triplicate to Jonathan G. Katz, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–9303. All submissions should refer to File Number 1–11991. 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 (http://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. E5–3970 Filed 7–25–05; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [File No. 500–1] In the Matter of Host America Corporation; Order of Suspension of Trading It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Host America Corporation (‘‘Host America’’), 5 17 CFR 200.30–3(a)(1). VerDate jul<14>2003 23:45 Jul 25, 2005 Jkt 205001 because of questions regarding the accuracy of Host America’s assertions about dealings with Wal-Mart Stores, Inc., in its press release of July 12, 2005 (also incorporated as an exhibit to a Form 8–K filing with the Commission on the same date). The Commission is of the opinion that the public interest and the protection of investors require a suspension of trading in the securities of the above-listed company. Therefore, it is ordered, pursuant to Section 12(k) of the Securities Exchange Act of 1934, that trading in the securities of the above-listed company is suspended for the period from 9:30 a.m. EDT, July 22, 2005 through 11:59 p.m. EDT, on August 4, 2005. By the Commission. Jonathan G. Katz, Secretary. [FR Doc. 05–14802 Filed 7–22–05; 11:36 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–52069; File No. SR–ISE– 2005–23] Self-Regulatory Organizations; International Securities Exchange, Inc.; Notice of Filing of Proposed Rule Change Establishing a de minimus Exception to the 80/20 Test July 20, 2005. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 notice is hereby given that on May 13, 2005, the International Securities Exchange, Inc. (‘‘Exchange’’ or ‘‘ISE’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the ISE. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend ISE Rule 1904 to establish a ‘‘de minimis’’ exception to the ‘‘80/20 Test’’ limiting market makers’ use of Principal Orders 3 under the rules imposed by the Plan for U.S.C. 78s(b)(1). CFR 240.19b–4. 3 The Exchange defines a Principal Order as an order for the principal account of a market maker (or equivalent entity on another Participant Exchange) and which is not a Principal Acting as Agent Order. See Chapter 19, Rule 1900(10)(ii) of the ISE Rules. PO 00000 1 15 2 17 Frm 00091 Fmt 4703 Sfmt 4703 43203 the Purpose of Creating and Operating an Intermarket Option Linkage (‘‘Linkage Plan’’) 4 and related rules. The text of the proposed rule change is available on the ISE’s Web site at http://www.iseoptions.com/legal/ proposed_rule_changes.asp, the ISE’s Office of the Secretary, and at the Commission’s Public Reference Room. II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the ISE included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of this proposed rule change is to implement proposed Joint Amendment No. 17 to the Linkage Plan. Joint Amendment No. 17, together with this proposed rule change, will establish a ‘‘de minimis’’ exception to the ‘‘80/20 Test’’ set forth in Section 8(b)(iii) of the Linkage Plan and ISE Rule 1904. Section 8(b)(iii) of the Linkage Plan permits market makers to access away markets on a limited basis for their own principal trading. The Linkage Plan enforces this limitation via the ‘‘80/20 Test,’’ which generally requires at least 80 percent of a market maker’s trading volume in an option class to be on its own exchange for the market maker to be able to use Linkage to send Principal Orders for its own account in that class. If a market maker ‘‘fails’’ the 80/20 Test in an option class during a calendar quarter, it cannot send Principal Orders through Linkage in that class during the next calendar quarter. 4 On July 28, 2000, the Commission approved a national market system plan for the purpose of creating and operating an intermarket options market linkage (‘‘Linkage’’) proposed by the American Stock Exchange, LLC, Chicago Board Options Exchange, Inc. and the ISE. See Securities Exchange Act Release No. 43086 (July 28, 2000), 65 FR 48023 (August 4, 2000). Subsequently, the Philadelphia Stock Exchange, Inc., the Pacific Exchange, Inc. and the Boston Stock Exchange, Inc. joined the Linkage Plan. See Securities Exchange Act Release Nos. 43573 (November 16, 2000), 65 FR 70851 (November 28, 2000); 43574 (November 16, 2000), 65 FR 70850 (November 28, 2000); and 49198 (February 5, 2004), 69 FR 7029 (February 12, 2004). E:\FR\FM\26JYN1.SGM 26JYN1

Agencies

[Federal Register Volume 70, Number 142 (Tuesday, July 26, 2005)]
[Notices]
[Pages 43202-43203]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-3970]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION


Issuer Delisting; Notice of Application of Puradyn Filter 
Technologies Incorporated to Withdraw Its Common Stock, $.001 Par 
Value, From Listing and Registration on the American Stock Exchange LLC 
File No. 1-11991

July 20, 2005.
    On June 27, 2005, Puradyn Filter Technologies Incorporated, 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, $.001 par 
value (``Security''), from listing and registration on the American 
Stock Exchange LLC (``Amex'').
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78l(d).
    \2\ 17 CFR 240.12d2-2(d).
---------------------------------------------------------------------------

    The Board of Directors (``Board'') of the Issuer approved a 
resolution on June 24, 2005 to withdraw the Security from listing on 
Amex. The Issuer stated that the following reasons factored into the 
Board's decision to withdraw the Security: (i) The Issuer will not be 
able to obtain timely compliance with Amex's ongoing financial 
compliance standards; (ii) the ongoing costs of compliance with Amex's 
requirements, including provisions of the Sarbanes-Oxley Act of 2002 as 
they apply to exchange listed companies; and (iii) in order to secure 
additional capital and maintain compliance with the Amex's listing 
criteria, the Issuer would be required to either limit the amount of 
financing it is undertaking and the participation by management in such 
financing or to incur additional costs and defer receipt of such 
financing pending stockholder approval.
    The Issuer stated in its application that it has met the 
requirements of Amex Rule 18 by complying with all applicable laws in 
effect in the state of Delaware, in which it is incorporated, and by 
providing written notice of withdrawal to Amex.
    The Issuer's application relates solely to the withdrawal of the 
Securities from listing on Amex and from registration under Section 
12(b) of the Act \3\ shall not affect its obligation to be registered 
under Section 12(g) of the Act.\4\
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 781(b).
    \4\ 15 U.S.C. 781(g).
---------------------------------------------------------------------------

    Any interested person may, on or before August 12, 2005, comment on 
the facts bearing upon whether the application has been made in

[[Page 43203]]

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 (http://
www.sec.gov/rules/delist.shtml); or
     Send an e-mail to rule-comments@sec.gov. Please include 
the File Number 1-11991 or;

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz, 
Secretary, Securities and Exchange Commission, 100 F Street, NE., 
Washington, DC 20549-9303.
    All submissions should refer to File Number 1-11991. 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 (http://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.
---------------------------------------------------------------------------

    \5\ 17 CFR 200.30-3(a)(1).
---------------------------------------------------------------------------

[FR Doc. E5-3970 Filed 7-25-05; 8:45 am]
BILLING CODE 8010-01-P