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): May 1, 2006
eMERGE INTERACTIVE, INC.
(Exact name of registrant as specified in its charter)
| Delaware | 000-29037 | 65-0534535 | ||
| (State or other jurisdiction of incorporation) |
(Commission File Number) | (IRS Employer Identification No.) |
| 10305 102nd Terrace Sebastian, FL |
32958 | |
| (Address of principal executive offices) | (Zip Code) |
Registrant’s telephone number, including area code: (772) 581-9700
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:
| ¨ | 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 3.01. Notice of Delisting or Failure to Satisfy Continued Listing Rule.
On May 5, 2006 eMerge Interactive, Inc. (the “Company”) issued a press release announcing The Nasdaq Stock Market, Inc.’s determination to delist the Company’s class A common stock and the Company’s intention to appeal such determination, which will stay such delisting until a decision on the appeal is reached. A copy of the press release is attached hereto as Exhibit 99.1 and incorporated herein by reference.
Item 9.01. Financial Statements and Exhibits.
| (c) | Exhibits. |
| 99.1 | Press release, issued by the Company on May 5, 2006, announcing The Nasdaq Stock Market, Inc.’s determination to delist the Company’s class A common stock and the Company’s intention to appeal such determination, which will stay such delisting until a decision on the appeal is reached. |
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.
Dated: May 5, 2006
| eMerge Interactive, Inc. | ||
| By: | /s/ ROBERT E. DRURY | |
| Robert E. Drury | ||
| Executive Vice President and | ||
| Chief Financial Officer | ||
EXHIBIT INDEX
| Exhibit No.: | Description: | |
| 99.1 | Press release, issued by the Company on May 5, 2006, announcing The Nasdaq Stock Market, Inc.’s determination to delist the Company’s class A common stock and the Company’s intention to appeal such determination, which will stay such delisting until a decision on the appeal is reached. |