indiaglobal8k111309.htm
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
CURRENT
REPORT
Pursuant
to Section 13 OR 15(d) of The Securities Exchange Act of 1934
Date of
Report (Date of earliest event reported): November
11, 2009
INDIA
GLOBALIZATION CAPITAL, INC.
(Exact
name of registrant as specified in its charter)
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Maryland
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001-32830
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20-2760393
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(State
or other jurisdiction of incorporation)
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(Commission
File Number)
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(I.R.S.
Employer Identification No.)
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4336 Montgomery Ave.,
Bethesda, Maryland 20814
(Address
of principal executive
offices) (Zip
Code)
(301) 983-0998
(Registrant’s
telephone number, including area code)
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 (see General Instruction A.2. below):
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
November 11, 2009, India Globalization Capital, Inc. (the “Company”) received a
warning letter from the staff of NYSE Amex LLC (“NYSE Amex”) concerning the
Company’s issuance of certain shares of its common stock (the “Shares”) on
September 18, 2009, prior to approval for listing on NYSE Amex. Section 301 of
the NYSE Amex Company Guide provides that listed companies are not permitted to
issue additional securities of a listed class until an application for listing
has been submitted and approved. The listing application was submitted to NYSE
Amex on November 12, 2009.
The staff
indicated in its letter that although it would not apply at this time the
continued listing evaluation and follow-up procedures specified in Section 1009
of the Company Guide, since we were not in compliance with NYSE Amex continued
listing standards, the warning letter amounted to notice of failure to comply
with a continued listing standard.
The
Company is working with Amex to ensure that the Shares are properly listed with
the Exchange.
On
November 13, 2009, the Company issued a press release disclosing the receipt of
the AMEX warning letter and notice of failure to satisfy a continued listing
standard, a copy of which is attached hereto as Exhibit 99.1.
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Item
9.01.
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Financial
Statements and Exhibits
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(d)
Exhibits
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 thereunto
duly authorized.
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India
Globalization Capital, Inc.
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Date:
November 13, 2009
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By:
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/s/ Ram
Mukunda
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Ram
Mukunda
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Chief
Executive Officer and President
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Exhibit
Index