[Federal Register Volume 70, Number 73 (Monday, April 18, 2005)]
[Notices]
[Pages 20193-20194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7639]


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SECURITIES AND EXCHANGE COMMISSION


Issuer Delisting; Notice of Application of E-Z-EM, Inc. To 
Withdraw Its Common Stock, $.10 Par Value, From Listing and 
Registration on the American Stock Exchange LLC File No. 1-11479

April 8, 2005.
    On April 1, 2005, E-Z-EM, Inc., a Delaware corporation 
(``Issuer''), filed an application with the Securities and Exchange 
Commission (``Commission''),

[[Page 20194]]

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, $.10 par value (``Security''), 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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    On March 30, 2005, the Board of Directors (``Board'') of the Issuer 
approved resolutions to withdraw the Security from listing and 
registration on Amex and to list the Security on The Nasdaq National 
Market Systems (``Nasdaq''). The Issuer stated that the Board 
determined that Nasdaq is a more efficient and better structured 
marketplace that may provide the Issuer with a variety of advantages 
over Amex, including, but not limited to, a screen-based electronic 
marketplace with competing market makers, increased liquidity, faster 
trade execution time and better execution quality. The Board also 
stated that it believes that the public's positive perception of Nasdaq 
marketplace may provide better identity and improved visibility for the 
Issuer. The Issuer stated that it expects trading in the Security on 
Nasdaq to begin April 12, 2005.
    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 
provided written notice of withdrawal to Amex.
    The Issuer's application relates solely to withdrawal of the 
Security 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. 78l(b).
    \4\ 15 U.S.C. 78l(g).
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    Any interested person may, on or before May 3, 2005, comment on the 
facts bearing upon whether the application has been made in accordance 
with the rules of Amex, and what terms, if any, should be imposed by 
the Commission for the protection of investors. All comment letters may 
be submitted by either of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/delist.shtml); or
     Send an e-mail to [email protected]. Please include 
the File Number 1-11479 or;

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz, 
Secretary, Securities and Exchange Commission, 450 Fifth Street, NW., 
Washington, DC 20549-0609. All submissions should refer to File Number 
1-11479. This file number should be included on the subject line if e-
mail is used. To help us process and review your comments more 
efficiently, please use only one method. The Commission will post all 
comments on the Commission's Internet Web site (http://www.sec.gov/rules/delist.shtml). Comments are also available for public inspection 
and copying in the Commission's Public Reference Room. All comments 
received will be posted without change; we do not edit personal 
identifying information from submissions. You should submit only 
information that you wish to make available publicly.
    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. 05-7639 Filed 4-15-05; 8:45 am]
BILLING CODE 8010-01-M