And Rock is absolutely right. It could have been filed, however, at the time GTE chose not to pursue an appeal. Please explain why it wasn't. TIA
I believe you are suggesting that since GTE decided NOT to pursue the 2nd appeal that the Amex should have filed the 25-NSE right away or in a short period of time? And by not doing so you feel it was to further harm GTE?
Below you will find some Amex delisting comparables all of which involved the appeal process and the amount of time to file the 25-NSE..I see nothing unique to GTE that would substantiate your claim/theory..
Example: Rica Foods, Inc....they went through both appeal processes and were notified June 19th they would be delisted. Form 25-NSE was filed October 24th, over 4 months.
Example:from letter to filing..35 days AXM PHARMA, INC. "On May 31, 2006, a written hearing was conducted by the Panel. By letter dated June 1, 2006, the Exchange notified the Company of the Panel’s decision to deny the Company’s appeal for continued listing of its common stock on the Amex and to authorize delisting proceedings. The letter also informed the Company of its right, in accordance with Section 1205 of the Company Guide, to request that the Exchange’s Committee on Securities review the Panel’s decision within fifteen days." http://www.sec.gov/Archives/edgar/data/1113643/000114331306000278/axj20060706lostappeal.htm
MILESTONE SCIENTIFIC, INC. from letter to filing approx. 2 months "On August 16, 2006, a hearing at which the Company was present was conducted before the Panel. By letter dated August 17, 2006, the Exchange notified the Company of the Panel’s decision to deny the Company’s appeal for continued listing of its common stock on the Amex and to authorize delisting proceedings. The letter also informed the Company of its right, in accordance with Section 1205 of the Company Guide, to request that the Exchange’s Committee on Securities review the Panel’s decision within fifteen calendar days." http://www.sec.gov/Archives/edgar/data/855683/000114331306000357/mss08282006lostappeal.htm
GLOBETEL:from letter to filing approx. 45 days
"On September 28, 2006, a hearing at which the Company was present was conducted before the Panel. By letter dated October 3, 2006, the Exchange notified the Company of the Panel’s decision to deny the Company’s appeal for continued listing of its Common Stock on the Amex and to authorize delisting proceedings. The letter also informed the Company of its right, in accordance with Section 1205 of the Company Guide, to request that the Exchange’s Committee on Securities review the Panel’s decision within fifteen calendar days." http://www.sec.gov/Archives/edgar/data/919742/000114331306000383/gte20061117final.htm
FWIW I did not look at ALL delistings from the Amex but did go through many and noticed the ones I did look at the 25-NSE was signed by the gentleman below. Dennis J. Meekins Vice President, Listing Qualifications American Stock Exchange LLC
Globetels 25-NSE was signed by this person Claudia Crowley Senior Vice President and Chief Regulatory Officer American Stock Exchange LLC