UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

 

Form 8-K

 

 

CURRENT REPORT

PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

 

Date of report (date of earliest event reported):

October 3, 2013

 

 

Jamba, Inc.

(Exact name of registrant as specified in its charter)

 

 

         
Delaware   001-32552   20-2122262

(State or other jurisdiction

of incorporation)

  

(Commission

File No.)

  

(I.R.S. Employer

Identification No.)

 

6475 Christie Avenue, Suite 150, Emeryville, California 94608

(Address of principal executive offices)

 

Registrant's telephone number, including area code:

(510) 596-0100

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

¨Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 
 

Item 3.01. Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.

 

On October 3, 2013, Jamba, Inc. (the “Company”) received written notice from the NASDAQ Stock Market indicating that the Company is no longer in compliance with Rule 5605(c)(2) of the NASDAQ Listing Rules, as the Company did not have an audit committee consisting of at least three members following the unexpected death of board member Fritzi Woods on September 18, 2013.

 

While the Company was able to rely on the cure period specified in Rule 5605(c)(4)(B) of the NASDAQ Listing Rules, current independent director Marvin Igelman was appointed to fill the vacancy on the audit committee on October 3, 2013, and the Company is again in compliance with Rule 5605(c)(2) of the NASDAQ Listing Rules.

 

 

 

 

SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

         
    JAMBA, INC.
     
Date: October 8, 2013   By:  

/s/ Karen L. Luey

        Karen L. Luey
Chief Financial Officer, Chief Administrative Officer, Executive Vice President and Secretary