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 20, 2009
LIBBEY INC.
(Exact name of registrant as specified in its charter)
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Delaware
(State of incorporation)
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1-12084
(Commission File Number)
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34-1559357
(IRS Employer
identification No.) |
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300 Madison Avenue
Toledo, Ohio
(Address of principal executive offices)
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43604
(Zip Code) |
Registrant’s telephone number, including area code: (419) 325-2100
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the
filing obligations of the registrant under any of the following provisions (see General
Instructions 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))
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| Item 3.01 |
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Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard;
Transfer of Listing |
On
February 17, 2009 the New York Stock Exchange notified the Company that it has fallen below the
NYSE’s continued listing standard relating to the Company’s total market capitalization and its
stockholders’ equity. The NYSE requires that the average market capitalization of a listed company
be not less than $75 million over a consecutive 30 trading-day period and that stockholders’ equity
be not less than $75 million.
Libbey intends to provide the NYSE, within 45 days from the date of the NYSE notice, a business
plan that demonstrates Libbey’s strategy to return to compliance with these continued listing
standards within 18 months. During this period, Libbey’s common stock will continue to be traded on
the NYSE, subject to the Company’s compliance with other NYSE continued listing requirements.
On February 20, 2009 Libbey Inc. issued a press release related to this matter, which is attached
hereto as exhibit 99.1 and is incorporated herein by reference.
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| Item 9.01 |
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Financial Statements and Exhibits |
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Exhibits 99.1 Press release dated February 20, 2009 |