NOTIFICATION OF REMOVAL FROM LISTING AND/OR REGISTRATION UNDER SECTION 12(b) OF THE SECURITIES EXCHANGE ACT OF 1934.
| UNITED STATES |
| OMB APPROVAL |
| OMB Number: |
3235-0080 |
| Expires: |
March 31, 2018 |
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| SECURITIES AND EXCHANGE COMMISSION |
| Washington, D.C. 20549 |
| FORM 25 |
NOTIFICATION OF REMOVAL FROM LISTING AND/OR REGISTRATION
UNDER SECTION 12(b) OF THE SECURITIES EXCHANGE ACT OF 1934.
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| Commission File Number |
001-00087 |
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(Exact name of Issuer as specified in its charter, and name of Exchange where security is listed and/or registered)
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| Address: |
343 State Street |
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Rochester |
NEW YORK |
14650 |
| Telephone number: |
| (585) 724-4000 |
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(Address, including zip code, and telephone number, including area code, of Issuer's
principal executive offices)
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| Common Stock |
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(Description of class of securities)
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Please place an X in the box to designate the rule provision relied upon to strike
the class of securities from listing and registration:
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Pursuant to the requirements fo the Securities Exchange Act of 1934,
NEW YORK STOCK EXCHANGE LLC
certifies that it has reasonable grounds to believe that it
meets all of the requirements for filing the Form 25 and has caused this notification to be
signed on its behalf by the undersigned duly authorized person.
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| 2012-02-03 |
By |
Edwin Mecabe |
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Director |
| Date |
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Name |
Title |
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| 1 |
Form 25 and attached Notice will be considered compliance with the provisions of
17 CFR 240.19d-1 as applicable. See General Instructions.
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Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number.
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NOTIFICATION OF THE REMOVAL FROM LISTING
AND REGISTRATION OF THE STATED SECURITIES
New York Stock Exchange LLC (the 'Exchange'
or the 'NYSE') hereby notifies the SEC of
its intention to remove the entire class of
Common Stock of Eastman Kodak Company
(the 'Company') from listing and registration
on the Exchange at the opening of business on
February 14, 2012, pursuant to the provisions
of Rule 12d2-2(b), because, in the opinion of
the Exchange, the Common Stock is no longer
suitable for continued listing and trading on
the Exchange. NYSE Regulation has determined
that the Company is no longer suitable for
listing. The decision was reached in view of
the Company's January 19, 2012 announcement
that it and its U.S. subsidiaries have filed
voluntary petitions for Chapter 11 business
reorganization in the U.S Bankruptcy Court for
the Southern District of New York. NYSE
Regulation noted the uncertainty as to the
timing and outcome of the bankruptcy process,
as well as the ultimate effect of this process
on the Company's common stockholders.
In addition, the Exchange noted that the Company
had previously fallen below the New York Stock
Exchange ('NYSE') continued listing minimum share
price standard, as the average closing price of
its common stock was less than $1.00 over a
consecutive 30 trading day period.
1. The Exchange's Listed Company Manual (the 'LCM'),
subsection 802.01D (Bankruptcy and/or Liquidation),
states that the Exchange would normally give
consideration to suspending or removing from the
list a security of a company when an 'intent to
file under any of the sections of the bankruptcy
law has been announced or a filing has been made
or liquidation has been authorized and the company
is committed to proceed.
2. The Exchange, on January 19, 2012, determined
that the Common Stock of the Company should be
suspended immediately from trading, and directed
the preparation and filing with the Commission
of this application for the removal of the
Common Stock from listing and registration on
the Exchange. The Company was notified by
letter on January 19, 2012.
3. Pursuant to the above authorization, a press
release was immediately issued and an announcement
was made on the 'ticker' of the Exchange at the
opening and at the close of the trading session
on January 19, 2012 of the suspension of trading
in the Common Stock. Similar information was
included on the Exchange's website.
4. The Company had a right to appeal to the
Committee for Review of the Board of Directors
of NYSE Regulation the determination to delist
its Common Stock, provided that it filed a
written request for such a review with the
Secretary of the Exchange within ten business
days of receiving notice of delisting
determination. The Company did not file
such request within the specified time period.
