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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 6-K
Report of Foreign Private Issuer
Pursuant to Rule 13a-16 or 15d-16 of
the Securities Exchange Act of 1934
November 7,
2008
QIMONDA AG
Gustav-Heinemann-Ring 212
D-81739 Munich
Federal Republic of Germany
Tel: +49-89-60088-0
(Address of principal executive offices)
Indicate by check mark whether the registrant files or will file annual reports under cover of Form
20-F or Form 40-F.
Form 20-F þ Form 40-F o
Indicate by check mark whether the registrant by furnishing the information contained in this Form
is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under the
Securities Exchange Act of 1934.
Yes o No þ
If Yes is marked, indicate below the file number assigned to the registrant in connection with
Rule 12g3-2(b): 82- .
This Report on Form 6-K is incorporated by reference into the registration statement on Form F-3,
File No. 333-145983.
TABLE OF CONTENTS
This Report on Form 6-K contains a press release of Qimonda AG, dated November 7, 2008
announcing its intension to restore its compliance with the NYSE minimum share price standard and
is hereby incorporated by reference into our Registration Statement on Form F-3, Registration No.
333-145983.
News Release Presseinformation
Qimonda intends to restore compliance with NYSE minimum share price standard
Munich, November 7, 2008 Qimonda AG (NYSE: QI) today announced that on November 7, 2008 it was
notified by the New York Stock Exchange (NYSE) that it is not in compliance with one of the
NYSEs continued listing standards. Qimonda is considered below compliance because the average
closing price of its American Depositary Shares (ADSs) has fallen below $1.00 over a consecutive
thirty trading day period. As of October 31, 2008, the 30 trading day average closing price of
Qimondas ADSs was $0.90. The NYSE will include the indicator BC on its consolidated tape
beginning on November 14, 2008, to indicate that Qimonda is below the NYSEs quantitative continued
listing standards.
Under the applicable rules and regulations of the NYSE, Qimonda must inform the NYSE within ten
days that it intends to cure the deficiency. In order to restore compliance, Qimondas ADSs must
have an average thirty trading day closing price at or above $1.00 within six months from the date
that Qimonda received formal written notice of non-compliance from the NYSE. Qimonda has informed
the NYSE of its intention to return to compliance and will remain in communication with the NYSE
throughout the process.
Under the NYSE rules, should Qimonda fail to meet these requirements at the expiration of the six
month period on May 7, 2009, the NYSE will commence suspension and delisting procedures. During
this period, Qimondas ADSs will continue to be listed on the NYSE, subject to ongoing
reassessment. The NYSE notification will not affect the Companys business operations, does not
change its SEC reporting
For the Business and Trade Press
Public Relations
Worldwide Headquarters
U.S.A.
Asia
Japan
Investor Relations Worldwide
Name
Ralph Heinrich
Glen Haley
Isabel Chen
Kenichi Sugiyama
Andreas Schaller
Phone
+49 89 60088 1300
+1 919 677 4554
+886 2 8170 8177
+81 3 5745 7495
+49 89 60088 1200
E-mail
ralph.heinrich@qimonda.com
glen.haley@qimonda.com
isabel.chen@qimonda.com
kenichi.sugiyama@qimonda.com
andreas.schaller@qimonda.com
Page 2 of 2 November 5, 2008
requirements and has no effect under any of the Qimondas credit agreements or the 6.75% Senior
Unsecured Convertible Notes issued by Qimondas finance subsidiary.
About Qimonda
Qimonda AG (NYSE: QI) is a leading global memory supplier with a broad diversified DRAM product
portfolio. The company generated net sales of Euro 3.61 billion in financial year 2007 and had
approximately 13,500 employees worldwide prior to its recent announcement of a repositioning of its
business. The company provides DRAM products with a focus on infrastructure and graphics
applications, using its power saving technologies and designs. Further information is available at
www.qimonda.com.
Disclaimer
This press release contains forward-looking statements based on assumptions and forecasts made by
Qimonda management and third parties. Statements that are not historical facts, including
statements about our beliefs and expectations, are forward-looking statements. These statements are
based on current plans, estimates and projections, and speak only as of the date they are made. We
undertake no obligation to update any of them in light of new information or future events. These
forward-looking statements involve inherent risks and are subject to a number of uncertainties,
including trends in demand and prices for semiconductors generally and for our products in
particular, the success of our development efforts, both alone and with our partners, the success
of our efforts to introduce new production processes at our facilities and the actions of our
competitors, the availability of funds for planned investments and repositioning efforts and the
outcome of antitrust investigations and litigation matters, as well as other factors. We caution
you that these and a number of other known and unknown risks, uncertainties and other factors could
cause actual future results, or outcomes to differ materially from those expressed in any
forward-looking statement. These factors include those identified under the heading Risk Factors
in our most recent Annual Report on Form 20-F which is available without charge on our website and
at www.sec.gov.
For the Business and Trade Press
Public Relations
Worldwide Headquarters
U.S.A.
Asia
Japan
Investor Relations Worldwide
Name
Ralph Heinrich
Glen Haley
Isabel Chen
Kenichi Sugiyama
Andreas Schaller
Phone
+49 89 60088 1300
+1 919 677 4554
+886 2 8170 8177
+81 3 5745 7495
+49 89 60088 1200
E-mail
ralph.heinrich@qimonda.com
glen.haley@qimonda.com
isabel.chen@qimonda.com
kenichi.sugiyama@qimonda.com
andreas.schaller@qimonda.com
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, thereunto duly authorized.
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QIMONDA AG
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Date: November 7, 2008 |
By: |
/s/ Kin Wah Loh
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Kin Wah Loh |
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Chief Executive Officer and
Chairman of the Management Board |
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By: |
/s/ Thomas J. Seifert
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Thomas J. Seifert |
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Chief Operating Officer,
Chief Financial Officer and
Member of the Management Board |
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