UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 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): December 21, 2007
Advanced Environmental Recycling Technologies, Inc.
(Exact name of registrant as specified in its charter)
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Delaware
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1-10367
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71-0675758 |
(State
or other jurisdiction of incorporation or organization)
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(Commission File Number) |
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(I.R.S. Employer Identification No.) |
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914 N Jefferson Street
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72764 |
Springdale, Arkansas
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(Zip Code) |
(Address
of Principal Executive Offices)
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Registrants telephone number, including area code
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(479) 756-7400 |
Not Applicable
(Former name and 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:
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
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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 |
The Company received a Nasdaq Staff Deficiency Letter on December 21, 2007
indicating that the Company fails to comply with the minimum bid price requirement
for continued Nasdaq Stock Market listing set forth in Nasdaqs Marketplace Rule
4310(c)(4), in that the Companys common stock had closed below the $1.00 minimum
bid price for 30 consecutive business days. In accordance with the Marketplace
Rules, the Company will be provided 180 calendar days, until June 18, 2008 to
regain compliance, which may be accomplished if the bid price of the Companys
common stock equals or exceeds $1.00 per share for a minimum of 10 consecutive
business days before June 18, 2008.
The Company will assess the trading activity and price of its stock during the
early part of 2008 and intends to take such action as may be necessary, including
a potential reverse stock split, to regain compliance with such Marketplace Rule.
A law firm representing the owners of three ChoiceDek decks has threatened
litigation against the Company regarding these decks. This same law firm has also
been soliciting customer complaints regarding ChoiceDek decking and has threatened
litigation on a punitive class basis. No lawsuit has been filed to this point.
The Company is investigating the merits of these claims. Should the Company be
unable to reach a resolution of these claims and should such law firm determine
that it wants to litigate this matter either on an individual or a punitive class
basis, the Company expects to vigorously defend itself.
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ITEM 9.01 |
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FINANCIAL STATEMENTS AND EXHIBITS. |
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99.1
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Press release issued December 27, 2007 announcing Nasdaq listing
noncompliance. |
SIGNATURE
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, thereunto duly authorized.
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ADVANCED ENVIRONMENTAL RECYCLING TECHNOLOGIES, INC.
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By: |
/s/ JOE G. BROOKS
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Joe G. Brooks, |
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Chairman, Co-Chief Executive Officer and President |
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Date: December 28, 2007
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