[Federal Register Volume 68, Number 246 (Tuesday, December 23, 2003)]
[Notices]
[Page 74276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31548]


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SECURITIES AND EXCHANGE COMMISSION


Issuer Delisting; Notice of Application of DepoMed, Inc., To 
Withdraw its Common Stock, No Par Value From Listing and Registration 
on the American Stock Exchange LLC File No. 1-13111

December 17, 2003.
    DepoMed, Inc., a California 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 common stock, no par value (``Security''), from listing and 
registration on the American Stock Exchange LLC (``Amex'' or 
``Exchange'').
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    \1\ 15 U.S.C. 78l(d).
    \2\ 17 CFR 240.12d2-2(d).
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    The Board of Directors (``Board'') of the Issuer unanimously 
approved a resolution on December 5, 2003 to withdraw the Issuer's 
Security from listing on the Amex and list to list the Security on the 
Nasdaq National Market System (``Nasdaq NMS''). The Board states that 
it considered the following reasons in its decision to withdraw the 
Security from listing and registration on the Amex: (i) the Board 
believes that it would be in the best interest of the Issuer and its 
shareholders that the Security be listed for trading on the Nasdaq NMS 
in order to improve the trading volume and liquidity of the Security 
that may be obtained through increased investor awareness afforded by 
the Nasdaq NMS; and (ii) the Board believes that there is no advantage 
to listing the Security on both Amex and the Nasdaq NMS and that it is, 
therefore, in the best interests of the Issuer and its shareholders to 
delist the Security from the Amex.
    The Issuer stated in its application that it has met the 
requirements of Amex Rule l8 by complying with all applicable laws in 
California, 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 withdrawal of the 
Securities from listing on the Amex 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\
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    \3\ 15 U.S.C. 781(b).
    \4\ 15 U.S.C. 781(g).
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    Any interested person may, on or before January 9, 2004, 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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Jonathan G. Katz,
Secretary.
[FR Doc. 03-31548 Filed 12-22-03; 8:45 am]
BILLING CODE 8010-01-P