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Notice

Issuer Delisting; Notice of Application To Withdraw From Listing and Registration on the American Stock Exchange LLC (Lifestream Technologies, Inc., Common Stock, $.001 Par Value) File No. 1-16161

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Information about this document as published in the Federal Register.

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Start Preamble October 2, 2003.

Lifestream Technologies, Inc., a Nevada corporation (“Issuer”), has filed an application with the Securities and Exchange Commission (“Commission”), pursuant to Section 12(d) of the Securities Exchange Act of 1934 (“Act”)[1] and Rule 12d2-2(d) thereunder,[2] to withdraw its Common Stock, $.001 par value (“Security”), from listing and registration on the American Stock Exchange LLC (“Amex” or “Exchange”).

The Issuer stated in its application that it has met the requirements of Amex Rule l8 by complying with all applicable laws in the State of Nevada, in which it is incorporated, and with the Amex's rules governing an issuer's voluntary withdrawal of a security from listing and registration.

The Board of Directors (“Board”) of the Issuer approved a resolution on September 23, 2003 to withdraw the Issuer's Security from listing on the Amex. The Board of the Issuer states that the reason it is taking such action is due, in part, to the difficulty of maintaining compliance with the continued listing standards of the Amex as well as related cost constraints. The Issuer states it is currently seeking to list its Security on the OTC Bulletin Board.

The Issuer's application relates solely to the withdrawal of the Securities from listing on the Amex and from registration under Section 12(b) of the Act [3] shall not affect its obligation to be Start Printed Page 58154registered under Section 12(g) of the Act.[4]

Any interested person may, on or before October 24, 2003, submit by letter to the Secretary of the Securities and Exchange Commission, 450 Fifth Street NW., Washington, DC 20549-0609, facts bearing upon whether the application has been made in accordance with the rules of the Amex and what terms, if any, should be imposed by the Commission for the protection of investors. The Commission, based on the information submitted to it, will issue an order granting the application after the date mentioned above, unless the Commission determines to order a hearing on the matter.

Start Signature

For the Commission, by the Division of Market Regulation, pursuant to delegated authority.[5]

Jonathan G. Katz,

Secretary.

End Signature End Preamble

Footnotes

[FR Doc. 03-25452 Filed 10-7-03; 8:45 am]

BILLING CODE 8010-01-P