Issuer Delisting; Notice of Application of IDACORP, Inc. To Withdraw Its Common Stock, No Par Value, and Preferred Share Purchase Rights From Listing and Registration on the Pacific, 71178 [E5-6514]

Download as PDF 71178 Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Notices SECURITIES AND EXCHANGE COMMISSION submitted by either of the following methods: [Exchange, Inc. File No. 1–14465] Electronic Comments Issuer Delisting; Notice of Application of IDACORP, Inc. To Withdraw Its Common Stock, No Par Value, and Preferred Share Purchase Rights From Listing and Registration on the Pacific • 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 1–14465 or; November 18, 2005. Paper Comments On October 27, 2005, IDACORP, Inc., an Idaho 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, no par value, and preferred share purchase rights (collectively ‘‘Securities’’), from listing and registration on the Pacific Exchange, Inc. (‘‘PCX’’). On October 14, 2005, the Board of Directors (‘‘Board’’) of the Issuer adopted resolutions to withdraw the Securities from listing and registration on PCX. The Issuer stated that the Board and management of the Issuer determined to withdraw the Securities from PCX because: (i) The Issuer maintains the principal listing for the Securities on the New York Stock Exchange, Inc. (‘‘NYSE’’); (ii) there is limited trading activity of the Securities on PCX; and (iii) the Board and management of the Issuer have determined that the administrative burden on the Issuer to maintain the listing of the Securities on PCX exceeds the benefits of such listing. The Issuer stated that the Securities will remain listed and registered on NYSE. The Issuer stated in its application that it has complied with applicable rules of PCX by providing PCX with the required documents governing the withdrawal of securities from listing and registration on PCX. The Issuer’s application relates solely to the withdrawal of the Securities from listing on PCX, and shall not affect their continued listing on NYSE or their obligation to be registered under Section 12(b) of the Act.3 Any interested person may, on or before December 14, 2005, comment on the facts bearing upon whether the application has been made in accordance with the rules of PCX, and what terms, if any, should be imposed by the Commission for the protection of investors. All comment letters may be • 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 1–14465. 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 (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. 1 15 U.S.C. 78l(d). 2 17 CFR 240.12d2–2(d). 3 15 U.S.C. 78l(b). VerDate Aug<31>2005 14:11 Nov 23, 2005 For the Commission, by the Division of Market Regulation, pursuant to delegated authority.4 Jonathan G. Katz, Secretary. [FR Doc. E5–6514 Filed 11–23–05; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [File No. 1–14091] Issuer Delisting; Notice of Application of Sherwood Brands, Inc. To Withdraw Its Common Stock, $.01 Par Value, From Listing and Registration on the American Stock Exchange LLC November 18, 2005. On June 20, 2005, Sherwood Brands, Inc., a North Carolina corporation (‘‘Issuer’’), filed an application with the Securities and Exchange Commission (‘‘Commission’’), pursuant to Section 4 17 Jkt 205001 PO 00000 CFR 200.30–3(a)(l). Frm 00100 Fmt 4703 Sfmt 4703 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’’). The Board of Directors (‘‘Board’’) of the Issuer unanimously approved resolutions on March 2, 2005, to withdraw the Security from listing and registration on Amex. The Issuer stated the Board considered several factors relevant to its decision to withdraw the Security from Amex, including, but not limited to the following: (i) The limited number of holders of the Security; (ii) the Security is very thinly traded; (iii) the nature and extent of trading in the Security; (iv) the lack of analyst coverage and minimal liquidity of the Security; and (v) the costs, both direct and indirect, associated with the preparation and filing of the Issuer’s periodic reports with the Commission and Amex. The Board noted that the Issuer had anticipated its legal, accounting, and insurance costs would increase substantially as a result of recently enacted legislation affecting all public companies (e.g., Sarbanes-Oxley Act of 2002). The Board believed that in addition to the significant time and cost savings which would result from deregistration, withdrawing the Security from listing and registration on Amex would allow management to focus its attention and resources on implementing the Issuer’s business plan and exploring financing and strategic alternatives for the business. The Issuer stated that it has met the requirements of Amex’s rules governing an issuer’s voluntary withdrawal of a security from listing and registration by complying with all the applicable laws in effect in the state of North Carolina, in which it is incorporated, and by providing Amex with the required documents for withdrawal from Amex. The Issuer’s application relates solely to the 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 December 14, 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 1 15 U.S.C. 78l(d). CFR 240.12d2–2(d). 3 15 U.S.C. 78l(b). 4 15 U.S.C. 78l(g). 2 17 E:\FR\FM\25NON1.SGM 25NON1

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SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 70, Number 226 (Friday, November 25, 2005)]
[Notices]
[Page 71178]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-6514]



[[Page 71178]]

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SECURITIES AND EXCHANGE COMMISSION

[Exchange, Inc. File No. 1-14465]


Issuer Delisting; Notice of Application of IDACORP, Inc. To 
Withdraw Its Common Stock, No Par Value, and Preferred Share Purchase 
Rights From Listing and Registration on the Pacific

November 18, 2005.
    On October 27, 2005, IDACORP, Inc., an Idaho 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, no par value, and 
preferred share purchase rights (collectively ``Securities''), from 
listing and registration on the Pacific Exchange, Inc. (``PCX'').
---------------------------------------------------------------------------

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

    On October 14, 2005, the Board of Directors (``Board'') of the 
Issuer adopted resolutions to withdraw the Securities from listing and 
registration on PCX. The Issuer stated that the Board and management of 
the Issuer determined to withdraw the Securities from PCX because: (i) 
The Issuer maintains the principal listing for the Securities on the 
New York Stock Exchange, Inc. (``NYSE''); (ii) there is limited trading 
activity of the Securities on PCX; and (iii) the Board and management 
of the Issuer have determined that the administrative burden on the 
Issuer to maintain the listing of the Securities on PCX exceeds the 
benefits of such listing. The Issuer stated that the Securities will 
remain listed and registered on NYSE.
    The Issuer stated in its application that it has complied with 
applicable rules of PCX by providing PCX with the required documents 
governing the withdrawal of securities from listing and registration on 
PCX. The Issuer's application relates solely to the withdrawal of the 
Securities from listing on PCX, and shall not affect their continued 
listing on NYSE or their obligation to be registered under Section 
12(b) of the Act.\3\
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78l(b).
---------------------------------------------------------------------------

    Any interested person may, on or before December 14, 2005, comment 
on the facts bearing upon whether the application has been made in 
accordance with the rules of PCX, 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 1-14465 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 1-14465. 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 (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.\4\
---------------------------------------------------------------------------

    \4\ 17 CFR 200.30-3(a)(l).
---------------------------------------------------------------------------

Jonathan G. Katz,
Secretary.
 [FR Doc. E5-6514 Filed 11-23-05; 8:45 am]
BILLING CODE 8010-01-P

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