[Federal Register Volume 65, Number 133 (Tuesday, July 11, 2000)]
[Notices]
[Pages 42738-42739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17420]


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SECURITIES AND EXCHANGE COMMISSION

[File No. 1-14204]


Issuer Delisting; Notice of Application To Withdraw From Listing 
and Registration; (FuelCell Energy, Inc., Common Stock, $.0001 Par 
Value)

July 3, 2000.
    FuelCell Energy, 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 its Common Stock, $.0001 par 
value (``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 Company has effected a new listing for its Security on the 
National Market of the Nasdaq Stock Market, Inc. (``Nasdaq''). Trading 
in the Security on the Nasdaq commenced, and was concurrently suspended 
on the Amex, at the opening of business on June 7, 2000. The Company's 
Registration Statement on Form 8-A with respect to the Nasdaq listing 
became effective upon filing on June 6, 2000. The Company, whose 
business relates to the development and commercialization of fuelcell 
technology, has sought to transfer trading in its Security from the 
Amex to the Nasdaq because it believes the Nasdaq offers the most 
trading activity and best liquidity for the securities of technology 
companies.
    On March 22, 2000, the Company's board of directors approved a 
resolution authorizing the withdrawal of the Security from listing and 
registration on the Amex. The Amex has in turn advised the Company that 
its application for such withdrawal has been made in accordance with 
the rules of the Amex and that the Amex would not object to such 
withdrawal, pending its ultimate approval by the Commission. In the 
light of the new listing of the Security on the Nasdaq, the Amex has 
not required the Company to notify its shareholders of its intention to 
withdraw the Security from listing and registration on the Amex.
    The Company's application relates solely to the withdrawal of the 
Security's from listing and registration on the Amex and shall have no 
effect upon the Security's continued listing and registration on the 
Nasdaq under Section 12(g) of the Act.\3\
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    \3\ 15 U.S.C. 78l(g).
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    Any interested person may, on or before July 25, 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.


[[Page 42739]]


    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\4\
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    \4\ 17 CFR 200.30-3(a)(1).
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Jonathan G. Katz,
Secretary.
[FR Doc. 00-17420 Filed 7-10-00; 8:45 am]
BILLING CODE 8010-01-M