Current Report

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): September 11, 2009

Virgin Mobile USA, Inc.

(Exact name of registrant as specified in its charter)

 

Delaware    001-33735    20-8826316

(State or other jurisdiction of

incorporation)

    (Commission File Number)   

(I.R.S. Employer

Identification Number)

 

10 Independence Boulevard

Warren, NJ

    07059
(Address of principal executive offices)    (Zip Code)

(908) 607-4000

Registrant’s telephone number, including area code

Not Applicable

(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):

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Item 8.01 Other Events.

On September 11, 2009, Virgin Mobile USA, Inc., or the Company, received a letter from the New York Stock Exchange (the “NYSE”) acknowledging that the Company is compliant with the NYSE’s continued listing standards. In accordance with the NYSE’s Listed Company Manual, the Company will be subject to review by the NYSE for 12 months to ensure that it does not once again fall below any of the NYSE’s continued listing standards.

On September 14, 2009, the Company issued a press release announcing its return to compliance with the NYSE. A copy of the press release is attached to this Current Report on Form 8-K as Exhibit 99.1 and is incorporated herein by reference.

 

Item 9.01 Financial Statements and Exhibits.

The following exhibit relating to Item 8.01 shall be deemed to be furnished, and not filed:

 

Exhibit No.

   

Description of Exhibit

99.1    Press release issued September 14, 2009

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.

 

  Virgin Mobile USA, Inc.
Date: September 14, 2009   /s/ Peter Lurie                            
  Name: Peter Lurie
  Title:   General Counsel