In the Matter of CyberKey Solutions, Inc.; Order of Suspension of Trading, 6017 [07-552]

Download as PDF Federal Register / Vol. 72, No. 26 / Thursday, February 8, 2007 / Notices Exchange, Inc. (n/k/a NYSE Arca, Inc.), and Philadelphia Stock Exchange, Inc. The proposed amendment would add ISE as a participant to the Joint-SRO Plan. Section III(b) of the Joint-SRO Plan provides that a national securities exchange or national securities association may become a party to the Plan by: (i) Executing a copy of the Plan, as then in effect (with the only changes being the addition of the new participant’s name in Section II(a) of the Plan and the new participant’s singledigit code in Section VI(a)(1) of the Plan) and (ii) submitting such executed plan to the Commission for approval. ISE submitted a signed copy of the JointSRO Plan to the Commission in accordance with the procedures set forth in the Plan regarding new participants. The Commission finds that the amendment to the Joint-SRO Plan is consistent with the requirements of the Act and the rules and regulations thereunder. Specifically, the Commission finds that the proposed amendment is consistent with the requirements of Section 11A of the Act,5 and Rule 608 of Regulation NMS.6 The Plan established appropriate procedures for market centers to follow in making their monthly reports required pursuant to Rule 605 of Regulation NMS available to the public in a uniform, readily accessible, and usable electronic format. The amendment to include ISE as a participant in the Joint-SRO Plan should contribute to the maintenance of fair and orderly markets and remove impediments to and perfect the mechanisms of a national market system by facilitating the uniform public disclosure of order execution information by all market centers. The Commission believes that it is necessary and appropriate in the public interest, for the maintenance of fair and orderly markets, to remove impediments to, and perfect mechanisms of, a national market system to allow ISE to become a participant in the Joint-SRO Plan. The Commission finds, therefore, that approving the amendment to the JointSRO Plan is appropriate and consistent with Section 11A of the Act.7 jlentini on PROD1PC65 with NOTICES III. Conclusion It is therefore ordered, pursuant to Section 11A(a)(3)(B) of the Act 8 and Rule 608 of Regulation NMS,9 that the amendment to the Joint-SRO Plan to add U.S.C. 78k–1. CFR 242.608. 7 15 U.S.C. 78k–1. 8 15 U.S.C. 78k–1(a)(3)(B). 9 17 CFR 242.608. ISE as a participant is approved and ISE is authorized to act jointly with the other participants to the Joint-SRO Plan in planning, developing, operating, or regulating the Plan as a means of facilitating a national market system. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.10 Florence E. Harmon, Deputy Secretary. [FR Doc. E7–2093 Filed 2–7–07; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [File No. 500–1] In the Matter of CyberKey Solutions, Inc.; 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 CyberKey Solutions, Inc. (‘‘CyberKey’’) because of questions regarding the accuracy of assertions made by CyberKey, and others, in press releases and other public statements to investors, concerning among other things: (1) Contracts with the Department of Homeland Security and/or other government agencies, (2) revenues received pursuant to those contracts, and (3) accounts receivable generated by those contracts. 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 abovelisted company is suspended for the period from 9:30 a.m. EST February 5, 2007 through 11:59 p.m. EST, on February 16, 2007. By the Commission. Nancy M. Morris, Secretary. [FR Doc. 07–552 Filed 2–5–07; 11:18 am] BILLING CODE 8010–01–P 5 15 6 17 VerDate Aug<31>2005 15:58 Feb 07, 2007 10 17 Jkt 211001 PO 00000 SECURITIES AND EXCHANGE COMMISSION [Release No. 34–55202; File No. SR– NASDAQ–2006–040] Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing of Amendment No. 3 to the Proposed Rule Change, and Order Granting Accelerated Approval of Proposed Rule Change as Modified by Amendment Nos. 2 and 3 To Modify Certain Fees for Listing on The NASDAQ Stock Market and To Make Available Certain Products and Services January 30, 2007. I. Introduction 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 October 2, 2006, The NASDAQ Stock Market LLC (‘‘Nasdaq’’) filed with the Securities and Exchange Commission (‘‘Commission’’ or ‘‘SEC’’) a proposed rule change to modify certain fees for listing on The Nasdaq Stock Market and to make available certain products and services. On October 30, 2006, Nasdaq filed Amendment No. 1.3 Nasdaq filed Amendment No. 2 on October 31, 2006. The Commission published notice of the proposed rule change, as amended, in the Federal Register on November 21, 2006.4 The Commission received 131 comment letters.5 On January 16, 2007, 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 Amendment No. 1 was improperly filed, and has no impact on this proposed rule change. 4 See Securities Exchange Act Release No. 54752 (November 14, 2006), 71 FR 67410. 5 Five comment letters were submitted before publication of the notice in the Federal Register. See October 13, 2006 letter from David B. Armon, Chief Operating Officer (‘‘COO’’), PR Newswire, to Arnold Golub, Associate General Counsel (‘‘AGC’’), Nasdaq, and October 25, 2006 letter from Jon Olson, Chief Financial Officer (‘‘CFO’’), Xilinx, Inc. to Arnold Golub, AGC, Nasdaq. These two letters were included as exhibits to Amendment No. 2. See also November 3, 2006 letter from David B. Armon, COO, PR Newswire, to Arnold Golub, AGC, Nasdaq; November 3, 2006 letter from James R. Doty, Baker Botts LLP to Edward S. Knight, Executive Vice President (‘‘EVP’’), Nasdaq; November 15, 2006 letter from Michael Nowlan, Chief Executive Officer (‘‘CEO’’), Market Wire to Christopher Cox, Chairman, SEC. The Commission received 117 letters after the publication of the notice but before Nasdaq filed Amendment No. 3: November 22, 2006 letter from Mark Borman, Vice President (‘‘VP’’)—Investor Relations (‘‘IR’’), ADC; November 22, 2006 letter from David Humphrey, Director of IR, Arkansas Best Corporation; November 22, 2006 letter from Paul Richins, VP of IR, Utah Medical Products, Inc.; November 22, 2006 letter from Ralph Walther, Controller, Brooklyn Federal Bancorp, Inc.; November 24, 2006 letter from Frank Cinatl, VP, 2 17 CFR 200.30–3(a)(29). Frm 00059 Fmt 4703 Sfmt 4703 6017 Continued E:\FR\FM\08FEN1.SGM 08FEN1

Agencies

[Federal Register Volume 72, Number 26 (Thursday, February 8, 2007)]
[Notices]
[Page 6017]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-552]


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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]


In the Matter of CyberKey Solutions, Inc.; 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 
CyberKey Solutions, Inc. (``CyberKey'') because of questions regarding 
the accuracy of assertions made by CyberKey, and others, in press 
releases and other public statements to investors, concerning among 
other things: (1) Contracts with the Department of Homeland Security 
and/or other government agencies, (2) revenues received pursuant to 
those contracts, and (3) accounts receivable generated by those 
contracts.
    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 above-listed 
company is suspended for the period from 9:30 a.m. EST February 5, 2007 
through 11:59 p.m. EST, on February 16, 2007.

    By the Commission.
Nancy M. Morris,
Secretary.
[FR Doc. 07-552 Filed 2-5-07; 11:18 am]
BILLING CODE 8010-01-P