mag8-k_20111103


 
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):  November 2, 2011
 
 
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
 
53,051
(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 September 9, 2011, Magnetek, Inc. (the “Company” or “Magnetek”) received a notice from NYSE Regulation on September 8, 2011, that the Company did not meet the New York Stock Exchange (“NYSE”) continued listing standards because its average market capitalization was less than $50 million over a consecutive 30 trading-day period and its stockholders' equity was less than $50 million. In response to the notice, the Company submitted a business plan on October 12, 2011, demonstrating how it intends to regain compliance with the continued listing standards.

On November 2, 2011, 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 (the “Committee”) to assess progress against the plan. Further, the Committee has chosen, at its discretion, to truncate the plan period for regaining compliance, given the Company's recurrence of having fallen below the continued listing standards. The Company has until June 30, 2012, to regain compliance with the continued listing standards described above.

The Company issued a press release on November 3, 2011, 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 November 3, 2011








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: November 3, 2011

 
MAGNETEK, INC.
 
 
 
 
 
/s/ Marty J. Schwenner
 
By:
Marty J. Schwenner
 
 
Vice President and Chief Financial Officer