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
11, 2009
NRDC
ACQUISITION CORP.
(Exact
name of registrant as specified in its charter)
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Delaware
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001-33749
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26-0500600
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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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3
Manhattanville Road
Purchase,
NY 10577
(914)
272-8067
(Address
of principal executive offices and zip code)
Registrant’s
telephone number, including area code: (914) 272-8067
Check the
appropriate box below if the Form 8-K is intended to simultaneously satisfy the
filing obligation of the registrant under any of the following
provisions:
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o
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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o
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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o
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
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o
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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Item
8.01. Other Events
On May
11, 2009, NRDC Acquisition Corp. (the “Company”) issued a press release
announcing that the Company had received a letter from the NYSE Amex LLC (the
“Exchange”), notifying the Company that it has determined to grant the Company
an extension until August 11, 2009 for the Company to regain compliance with the
Exchange’s continued listing standards. The press release is
attached hereto as Exhibit 1.
Item 9.01
Financial Statements and Exhibits.
(c)
Exhibits.
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Exhibit No.
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Description
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99.1
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Press
Release
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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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Date:
May 11, 2009
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NRDC
ACQUISITION CORP.
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By:
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/s/
Richard A. Baker
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Richard
A. Baker
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Chief
Executive Officer
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Exhibit
99.1—For Immediate Release
NRDC
ACQUISITION CORP. ANNOUNCES AMEX’S ACCEPTANCE OF ITS PLAN OF
COMPLIANCE
New York, May 11, 2009: NRDC
Acquisition Corp. (Amex: NAQ) (the “Company”) today announced that it received a
letter from the NYSE Amex LLC (the “Exchange”) notifying the Company that it has
determined to grant the Company an extension until August 11, 2009 for the
Company to regain compliance with its continued listing standards.
On February 10, 2009, the Company
received notice from the Exchange’s Corporate Compliance Department (the
“Staff”) indicating that it had fallen below certain of the Exchange’s listing
standards because it did not hold an annual meeting in 2008.
The Company was afforded the
opportunity to submit a plan of compliance to the Exchange and on February 27,
2009 submitted its plan of compliance to the Exchange. The Exchange
notified the Company that it accepted the Company’s plan of
compliance.
The Company will be subject to periodic
reviews by Exchange Staff during the extension period. Failure to
make progress consistent with the plan or to regain compliance with continued
listing standards by the end of the extension period could result in the Company
being delisted from the NYSE AMEX LLC.
About
NRDC Acquisition Corp.
NRDC is a
blank check company formed for the purpose of acquiring, through a merger,
capital stock exchange, stock purchase, asset acquisition or other similar
business combination, one or more assets or control of one or more operating
businesses. Since its initial public offering, NRDC’s activities have
been limited to identifying and evaluating prospective acquisition
targets.
Some of the statements in this press
release constitute “forward-looking statements” within the meaning of the United
States Private Securities Litigation Reform Act of 1995. These
statements are based on our current expectations, estimates and
projections. Words such as “will,” “intends,” “expects,”
“believes” and similar expressions are used to identify these forward-looking
statements. These statements are only predictions and as such are not
guarantees of future performance and involve risks, uncertainties, and
assumptions that are difficult to predict. Forward-looking statements
are based upon assumptions as to future events or our future financial
performance that may not prove to be accurate. Actual outcomes and
results may differ materially from what is expressed or forecast in these
forward-looking statements. As a result, these statements speak only
of the date they were made, and the Company undertakes no obligation to publicly
update or revise any forward-looking statements, whether as a result of new
information, future events or otherwise.