[Federal Register Volume 70, Number 93 (Monday, May 16, 2005)]
[Notices]
[Page 25868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2411]


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SECURITIES AND EXCHANGE COMMISSION


Issuer Delisting; Notice of Application of Sears Roebuck 
Acceptance Corp. To Withdraw Its 7% Notes (Due 2042), 7.4% Notes (Due 
2043), and 6.75% Notes (Due September 2005), From Listing and 
Registration on the New York Stock Exchange, Inc. File No. 1-04040

May 9, 2005.
    On May 5, 2005, Sears Roebuck Acceptance Corp., a Delaware 
corporation (``Issuer''), 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 7% notes (due 2042), 7.4% notes (due 
2043), and 6.75% notes (due September 2005) (collectively 
``Securities''), from listing and registration on the New York Stock 
Exchange, Inc. (``NYSE'').
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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, by unanimous 
written consent, approved a resolution on May 3, 2005, to withdraw the 
Securities from listing and registration on the NYSE. The Board stated 
that the following reasons factored into its decision to withdraw the 
Securities from the NYSE: (1) The fact that the Issuer has a limited 
number of security holders of record; (2) the costs associated with 
maintaining the Issuer's status as a NYSE-listed company and the 
obligation to continue complying with periodic reporting requirements, 
which obligations the Issuer could suspend immediately absent the 
listing of the Securities; and (3) the limited volume of trading in the 
Securities. In this regard, the Board took into account that as of 
January 31, 2005, each series of the notes had fewer than 100 holders 
of record.
    The Issuer stated in its application that it has complied with the 
NYSE's rules governing an issuer's voluntary withdrawal of a security 
from listing and registration by complying with all applicable laws in 
effect in the State of Delaware, and by providing the NYSE with the 
required documents governing the removal of securities from listing and 
registration on the NYSE.
    The Issuer's application relates solely to the withdrawal of the 
Securities from listing on the NYSE 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 31, 2005, comment on 
the facts bearing upon whether the application has been made in 
accordance with the rules of NYSE, 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 1-04040 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 1-04040. 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. E5-2411 Filed 5-13-05; 8:45 am]
BILLING CODE 8010-01-P