Unassociated Document
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
_______________________
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Date
of Report
(Date
of earliest
event
reported):
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December 28,
2009
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TierOne
Corporation
(Exact
name of registrant as specified in its charter)
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Wisconsin
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000-50015
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04-3638672
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(State
or other
jurisdiction
of
incorporation)
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(Commission
File
Number)
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(IRS
Employer
Identification
No.)
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1235 “N” Street,
Lincoln, Nebraska 68508
(Address
of principal executive offices, including zip code)
(402)
475-0521
(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:
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.
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On
December 28, 2009, as expected, TierOne Corporation (the
“Company”) received a letter from The NASDAQ Stock Market (“NASDAQ”)
advising that because the Company has not maintained a minimum bid price of
$1.00 per share for the previous 30 consecutive business days, the Company is
not in compliance with the listing requirement under NASDAQ Marketplace Rule
5450(a)(1).
In
accordance with NASDAQ Marketplace rules, the Company has 180 calendar days, or
until June 28, 2010, to regain compliance with the minimum bid
rule. If prior to June 28, 2010 the bid price of the Company’s common
stock closes at or above $1.00 per share for a minimum of ten consecutive
business days, NASDAQ will notify the Company of its return to
compliance. In the event the Company’s common stock does not regain
compliance within the 180-day period, NASDAQ will issue the Company a delisting
letter, which the Company may appeal. The Company is currently
evaluating its options and intends to take the appropriate steps to retain
NASDAQ listing compliance.
The
Company issued a press release announcing its receipt of the letter from
NASDAQ. A copy of the press release 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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The following exhibit is attached to
this Current Report on Form 8-K:
99.1 Press
Release of TierOne Corporation, dated December 29, 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.
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TIERONE
CORPORATION |
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Date: December
29, 2009
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By:
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/s/ Gilbert
G. Lundstrom |
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Gilbert
G. Lundstrom
Chairman
of the Board and Chief Executive Officer
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TIERONE
CORPORATION
Exhibit
Index to Current Report on Form 8-K
Exhibit
Number
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99.1
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Press
Release of TierOne Corporation, dated December 29,
2009.
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