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
September 19, 2002
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Date of Report (Date of earliest event reported)
APPIANT TECHNOLOGIES, INC.
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(Exact Name of Registrant as Specified in its Charter)
Delaware 0-21999 84-1360852
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(State or other Jurisdiction (S.E.C. File Number) (IRS Employer
of Incorporation) Identification No.)
6663 Owens Drive
Pleasanton, CA 94588
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(Address of principal executive offices, including zip code)
(925) 251-3200
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(Registrant's telephone number, including area code)
Not applicable
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(Former name or former address, if changed since last report)
Item 5. Other events.
On September 12, 2002, the Company requested a hearing before a NASDAQ
Listing Qualifications Panel in order to appeal a NASDAQ Staff Determination
indicating that, in association with its recent private placement of $3.525
million to accredited investors, the Company does not comply with the
shareholder approval provisions set forth in Marketplace Rules 4350(i)(1)(B) and
4350(i)(1)(D)(ii), and that the Company's securities are subject to delisting
from the NASDAQ Small Cap Market on September 13, 2002. The Staff Determination
found that certain provisions of the placement documents as drafted required
shareholder approval prior to finalization of the placement, and that other
provisions provided for prohibited alternative outcomes should shareholder
approval not be granted.
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In light of the Company's request, the delisting of the Company's
securities will be stayed pending the Panel's decision. There can be no
assurance that the Panel will grant the Company's request for continued listing.
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.
Appiant Technologies, Inc.
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September 19, 2002 By: /s/ Douglas S. Zorn
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Douglas S. Zorn
President & CEO
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