UNITED STATES

SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC  20549

 


 

FORM 8-K

 

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the

Securities Exchange Act of 1934

 

Date of report (Date of earliest event reported):  February 26, 2009

 


 

MAGNETEK, INC.

(Exact Name of Registrant as Specified in its Charter)

 

Delaware

 

1-10233

 

95-3917584

(State or Other Jurisdiction
of Incorporation)

 

(Commission File
Number)

 

(IRS Employer
Identification No.)

 

 

 

 

 

N49 W13650 Campbell Drive
Menomonee Falls, WI

 

53051

(Address of Principal Executive Offices)

 

(Zip Code)

 

(262) 783-3500

(Registrant’s telephone number, including area code)

 

N/A

(Former Name or Former Address, if Changed Since Last Report)

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

 

o            Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o            Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o            Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o            Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 



 

Item 3.01                            Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing

 

As previously disclosed in the Form 8-K filed December 2, 2008, Magnetek, Inc. (the “Company” or “Magnetek”) received a notice from NYSE Regulation, Inc. (“NYSE Regulation”) on November 26, 2008 that the Company does not meet the New York Stock Exchange (“NYSE”) continued listing standard specified under Section 802.01B of the NYSE Listed Company Manual because its total market capitalization is less than $75 million over a 30 trading-day period and its stockholders’ equity is less than $75 million.  In response to the notice, the Company submitted a business plan on January 12, 2009, demonstrating how it intends to regain compliance with the continued listing standards.

 

On February 26, 2009, Magnetek was notified by NYSE Regulation that the Company’s proposed plan to regain compliance with the continued listing standards of the NYSE was accepted.  Accordingly, the Company’s stock will continue to be listed on the NYSE, pending quarterly reviews by the NYSE’s Listing and Compliance Committee to ensure progress against the plan.

 

The Company issued a press release on March 2, 2009, announcing that it had received the notice of acceptance from NYSE Regulation.  A copy of the press release is attached to this Current Report on Form 8-K as Exhibit 99.1.

 

Item 9.01 - Financial Statements and Exhibits.

 

(d)                                 Exhibits.

 

Exhibit No.

 

Description

 

 

 

99.1

 

Magnetek, Inc. Press Release dated March 2, 2009

 

2



 

SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

Dated:  March 2, 2009

 

 

 

MAGNETEK, INC.

 

 

 

 

 

 

/s/  

Marty J. Schwenner

 

By:

Marty J. Schwenner

 

 

Vice President and Chief Financial
Officer

 

3



 

Exhibit Index

 

Exhibit No.

 

Description

 

 

 

99.1

 

Magnetek, Inc. Press Release dated March 2, 2009

 

4