[Federal Register Volume 68, Number 37 (Tuesday, February 25, 2003)]
[Notices]
[Pages 8786-8787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4359]


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SECURITIES AND EXCHANGE COMMISSION


Issuer Delisting; Notice of Application To Withdraw From Listing 
and Registration on The Boston Stock Exchange, Inc. (Chiquita Brands 
International, Inc., Common Stock, $.01 par value, (the ``Old Common 
Stock'' in existence through March 19, 2002)) File No. 1-10550

February 19, 2003.
    Chiquita Brands International, Inc., a New Jersey 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 $.01 par value, (the ``Old Common 
Stock'' in existence through March 19, 2002) (``Security''), from 
listing and registration on the Boston Stock Exchange, Inc. (``BSE'' or 
``Exchange'').
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    \1\ 15 U.S.C. 78l(d).
    \2\ 17 CFR 240.12d2-2(d).
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    On February 13, 2002, the Board of Directors (``Board'') of the 
Issuer approved resolutions to withdraw the Security from listing on 
the Exchange. The Board states that the following reasons factored into 
its decision to withdraw the Security from the BSE: (i) The Security 
has not traded on the BSE since March 19, 2002, on which date the 
Issuer emerged from a reorganization under Chapter 11 of the United 
States bankruptcy laws, and in connection with the reorganization, 
canceled all of its securities outstanding prior to the effectiveness 
of the reorganization and issued new common stock (the ``New Common 
Stock'') and other securities to

[[Page 8787]]

certain investors; (ii) the New Common Stock has been listed on the New 
York Stock Exchange, Inc. (``NYSE'') since March 19, 2002; and (iii) 
the Issuer sought to simplify its operations, and determined to 
maintain listing of the New Common Stock only on the NYSE. The Issuer 
notes that the New Common Stock is not listed on the BSE and only 
trades on the Exchange on an unlisted trading privileges basis.
    The Issuer stated in its application that it has met the 
requirements of the BSE rules governing an issuer's voluntary 
withdrawal of a security from listing and registration. The Issuer's 
application relates solely to the Security's withdrawal from listing on 
the BSE and from 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\
    Any interested person may, on or before March 14, 2003, 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 BSE 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.
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    \3\ 15 U.S.C. 78l(b).
    \4\ 15 U.S.C. 78l(g).

    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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Jonathan G. Katz,
Secretary.
[FR Doc. 03-4359 Filed 2-24-03; 8:45 am]
BILLING CODE 8010-01-P