[Federal Register Volume 66, Number 209 (Monday, October 29, 2001)]
[Notices]
[Page 54544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27192]


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SECURITIES AND EXCHANGE COMMISSION

[File No. 1-14609]


Issuer Delisting; Notice of Application To Withdraw From Listing 
and Registration on the American Stock Exchange LLC (Excel Legacy 
Corporation, 9.0% Convertible Redeemable Subordinated Debentures (due 
2004) and 10.0% Senior Redeemable Notes (due 2004))

October 24, 2001.
    Excel Legacy corporation, a Delaware 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 9.0% Convertible Redeemable Subordinated Debentures (due 2004) and 
10.0% Senior Redeemable Notes (due 2004) (``Securities''), from listing 
and registration on the American Stock Exchange LLC (``Amex'').
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    \1\ 15 U.S.C. 78l(d).
    \2\ 17 CFR 240.12d2-2(d).
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    The Issuer stated in its application that it has met the 
requirements of Amex Rule 18 by complying with all applicable laws in 
effect in the State of Delaware, 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 issuer's application 
relates solely to the Securities' withdrawal from listing and 
registration under section 12(b) of the Act \3\ and shall not affect 
its obligation to be registered under section 12(g) of the Act.\4\
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    \3\ 15 U.S.C. 78l(b).
    \4\ 15 U.S.C. 78l(g).
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    On September 28, 2001, the Issuer merged with Price Legacy 
Corporation, formerly known as Price Enterprises, Inc. On October 9, 
2001, the Board of Directors of the Issuer approved resolutions to 
withdraw the Issuer's Securities from listing on the Amex. In making 
the decision to withdraw the Securities from listing on the Exchange, 
the Issuer considered the limited principal amount of Securities 
outstanding, the limited number of shareholders, and the additional 
expense of listing on the Amex.
    Any interested person may, on or before November 13, 2001, 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.\5\
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    \5\ 17 CFR 200.30-3(a)(1).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 01-27192 Filed 10-24-01; 4:39 pm]
BILLING CODE 8010-01-M