Issuer Delisting; Notice of Application of TransMontaigne Inc. To Withdraw Its Common Stock, $.01 Par Value, From Listing and Registration on the American Stock Exchange LLC, 43910 [E5-4063]

Download as PDF 43910 Federal Register / Vol. 70, No. 145 / Friday, July 29, 2005 / Notices registration on the New York Stock Exchange, Inc. (‘‘NYSE’’). The Board of Directors (‘‘Board’’) of the Issuer unanimously approved resolutions on June 3, 2005, to withdraw the Security from listing and registration on NYSE. The Issuer stated the following reasons factored into the Board’s decision to withdraw the Security from NYSE: (1) The fact that the Issuer has a limited number of security holders of record for the Security; (2) the limited volume of trading in the Security; and (3) the costs associated with maintaining the Issuer’s status as a NYSE-listed Issuer, which obligations the Issuer could suspend immediately absent the listing of the Security. In this regard, the Board took into account that the Security had fewer than 25 holders of record. The Issuer stated in its application that it has complied with NYSE’s rules governing an issuer’s voluntary withdrawal of a security from listing and registration by providing NYSE with the required documents governing the removal of securities from listing and registration on NYSE. The Issuer’s application relates solely to the withdrawal of the Securities from listing on the NYSE 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 August 18, 2005, comment on the facts bearing upon whether the application has been made in accordance with the rules of NYSE, 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 1–09912; 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 1–09912. 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. E5–4068 Filed 7–28–05; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [File No. 1–11763] Issuer Delisting; Notice of Application of TransMontaigne Inc. To Withdraw Its Common Stock, $.01 Par Value, From Listing and Registration on the American Stock Exchange LLC July 25, 2005. On May 2, 2005, TransMontaigne 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, $.01 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 approved resolutions to withdraw the Security from listing and registration on Amex and to list the security on the New York Stock Exchange, Inc. (‘‘NYSE’’). The Board believes that it is in the best interest of the Issuer to withdraw the Security from Amex and list the Security on NYSE. The Issuer stated that the Security commenced trading on NYSE on May 5, 2005. 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 provided written notice of withdrawal to Amex. The Issuer’s application relates solely to the withdrawal of the Security from listing on Amex, and shall not affect its continued listing on NYSE or its obligation to be registered under Section 12(b) of the Act.3 Any interested person may, on or before August 18, 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 (http://www.sec.gov/ rules/delist.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include the File Number 1–11763 or; Paper Comments • Send paper comments in triplicate to Jonathan G. Katz, Secretary, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549–9303. All submissions should refer to File Number 1–11763. 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. E5–4063 Filed 7–28–05; 8:45 am] BILLING CODE 8010–01–P 5 17 3 15 4 15 CFR 200.30–3(a)(1). 1 15 U.S.C. 78l(d). 2 17 CFR 240.12d2–2(d). U.S.C. 78l(b). U.S.C. 78l(g). VerDate jul<14>2003 17:05 Jul 28, 2005 Jkt 205001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 3 15 4 17 E:\FR\FM\29JYN1.SGM U.S.C. 781(b). CFR 200.30–3(a)(1). 29JYN1

Agencies

[Federal Register Volume 70, Number 145 (Friday, July 29, 2005)]
[Notices]
[Page 43910]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4063]


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SECURITIES AND EXCHANGE COMMISSION

[File No. 1-11763]


Issuer Delisting; Notice of Application of TransMontaigne Inc. To 
Withdraw Its Common Stock, $.01 Par Value, From Listing and 
Registration on the American Stock Exchange LLC

July 25, 2005.
    On May 2, 2005, TransMontaigne 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, $.01 par value 
(``Security''), from listing and registration on the American Stock 
Exchange LLC (``Amex'').
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    \1\ 15 U.S.C. 78l(d).
    \2\ 17 CFR 240.12d2-2(d).
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    On April 26, 2005, the Board of Directors (``Board'') of the Issuer 
approved resolutions to withdraw the Security from listing and 
registration on Amex and to list the security on the New York Stock 
Exchange, Inc. (``NYSE''). The Board believes that it is in the best 
interest of the Issuer to withdraw the Security from Amex and list the 
Security on NYSE. The Issuer stated that the Security commenced trading 
on NYSE on May 5, 2005.
    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 
provided written notice of withdrawal to Amex.
    The Issuer's application relates solely to the withdrawal of the 
Security from listing on Amex, and shall not affect its continued 
listing on NYSE or its obligation to be registered under Section 12(b) 
of the Act.\3\
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    \3\ 15 U.S.C. 781(b).
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    Any interested person may, on or before August 18, 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 (http://
www.sec.gov/rules/delist.shtml); or
     Send an e-mail to rule-comments@sec.gov. Please include 
the File Number 1-11763 or;

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz, 
Secretary, Securities and Exchange Commission, Station Place, 100 F 
Street, NE., Washington, DC 20549-9303.
    All submissions should refer to File Number 1-11763. 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\
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    \4\ 17 CFR 200.30-3(a)(1).
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Jonathan G. Katz,
Secretary.
[FR Doc. E5-4063 Filed 7-28-05; 8:45 am]
BILLING CODE 8010-01-P