- Current report filing (8-K)
27 March 2010 - 8:06AM
Edgar (US Regulatory)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 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):
March 24, 2010
BRUKER CORPORATION
(Exact name of registrant as specified in its charter)
Delaware
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000-30833
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04-3110160
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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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40
Manning Road
Billerica, MA 01821
(Address of principal
executive offices)(Zip Code)
Registrants
telephone number, including area code:
(978) 663-3660
Check
the appropriate box if the Form 8-K filing is intended to simultaneously
satisfy the reporting obligation of the registrant under any of the following
provisions:
o
Written communications pursuant to Rule 425
under the Securities Act
o
Soliciting material pursuant to Rule 14a-12
of the Exchange Act
o
Pre-commencement communications pursuant to Rule 14d-2(b) Exchange
Act
o
Pre-commencement communications pursuant to Rule 13e-4(c) Exchange
Act
Item 3.01. Notice of Delisting or Failure to Satisfy a
Continued Listing Rule or Standard; Transfer of Listing.
On
March 24, 2010, Bruker Corporation (the Company) notified The Nasdaq
Stock Market LLC (Nasdaq) that Collin DSilva, an independent director and a
member of the Companys Audit Committee, resigned from his position on the
Audit Committee, effective March 9, 2010. Mr. DSilva continues to
serve as an independent director of the Company. As a result of Mr. DSilvas
resignation, the Audit Committee currently consists of two members and the
Company is no longer in compliance with Nasdaq Listing Rule 5605(c)(2)(A),
which requires the Companys Audit Committee to consist of a minimum of three
members. In accordance with Nasdaq
Listing Rule 5605(c)(4)(B), the Company has a cure period of 180 days from
Mr. DSilvas resignation from the Audit Committee, or until September 7,
2010, to regain compliance with Nasdaq audit committee composition
requirements. The Company intends to fill the vacancy on the Audit Committee as
expeditiously as possible prior to the expiration of the cure period.
On
March 25, 2010, the Company received notice from Nasdaq advising that, as
result of Mr. DSilvas resignation from the Audit Committee, the Company
was not in compliance with Nasdaq Listing Rule 5605(c)(2)(A) and
confirming that the Company must regain compliance with the audit committee
composition requirements by September 7, 2010.
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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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BRUKER CORPORATION
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(Registrant)
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Date: March 26, 2010
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By:
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/s/ Brian P. Monahan
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Brian P. Monahan
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Chief
Financial Officer
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3
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