[Federal Register Volume 65, Number 72 (Thursday, April 13, 2000)]
[Notices]
[Page 19944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9182]


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SECURITIES AND EXCHANGE COMMISSION


Issuer Delisting; Notice of Application to Withdraw From Listing 
and Registration; (BriteSmile Inc., Common Stock, Par Value $.001 per 
Share) File No. 1-11064

April 6, 2000.
    BriteSmile, Inc. (``Company''), 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 the security described above 
(``Security'') from listing and registration on the American Stock 
Exchange LLC (``Amex'').
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    \1\ 15 U.S.C 781(d).
    \2\ 17 CFR 240.12d2-2(d).
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    The Security has been listed and registered on the Amex pursuant to 
Section 12(b) of the Act.\3\ The Company now desires to have its 
Security trade on the Nasdaq Stock Market, Inc. (``Nasdaq''). 
Accordingly, the Company has filed a Registration Statement on Form 8-A 
with the Commission pursuant to Section 12(g) of the Act,\4\ and the 
Company has stated that the Security is scheduled to begin trading on 
the Nasdaq National Market, and simultaneously be suspended from 
trading on the Amex, at the opening of business on April 7, 2000. In 
conjunction with the transfer of trading from the Amex to the Nasdaq, 
the Company is seeking to withdraw its Security from listing and 
registration on the Amex in order to avoid both the costs of 
maintaining dual listings and the potential fragmentation of the market 
for its Security.
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    \3\ 15 U.S.C. 78l(b).
    \4\ 15 U.S.C. 78l(g).
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    The Company has stated that it has complied with the Rule of the 
Amex governing the withdrawal of its Security from listing and 
registration on the Amex and that the Amex, in turn has indicated that 
it will not oppose such withdrawal.
    The Company's application relates solely to the withdrawal of the 
Security from listing and registration on the Amex and shall have no 
effect upon the Security's designation for quotation and trading on the 
Nasdaq National Market. By reason of Section 12(g) of the Act \5\ and 
the rules and regulations of the Commission thereunder, the Company 
shall continue to be obligated to file reports with the Commission 
required by Section 13 of the Act. \6\
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    \5\ Id.
    \6\ 15 U.S.C. 78m.
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    Any interested person may, on or before April 27, 2000, 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.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority. \7\
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    \7\ 17 CFR 200.30-2(a)(1).

Jonathan G. Katz,
Secretary.
[FR Doc. 00-9182 Filed 4-12-00; 8:45 am]
BILLING CODE 8010-01-M