Form 8-K

 

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): August 15, 2005

 


 

BIOLASE TECHNOLOGY, INC.

(Exact name of registrant as specified in its charter)

 


 

Delaware   000-19627   87-0442441
(State or other jurisdiction
of incorporation)
  (Commission File Number)   (IRS Employer
Identification No.)

 

981 Calle Amanecer
San Clemente, California
  92673
(Address of principal executive offices)   (Zip Code)

 

Registrant’s telephone number, including area code: (949) 361-1200

 

Not Applicable

(Former name or former address, if changed since last report)

 


 

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 August 15, 2005, Biolase Technology, Inc. (the “Company”) received a notification letter from The Nasdaq Stock Market, Inc. (“Nasdaq”) that the Company is not in compliance with a condition for the continued listing of the Company’s common stock on the Nasdaq National Market under NASD Marketplace Rule 4310(c)(14) because the Company has not yet filed its Quarterly Report on Form 10-Q for the quarter ended June 30, 2005 (the “Second Quarter Report”) which was due August 9, 2005. As previously announced on August 9, 2005, Nasdaq has granted the Company an extension of time until September 30, 2005 in which to file the Second Quarter Report, as well as its Form 10-Q for the quarter ended March 31, 2005 and to otherwise meet all necessary listing standards. A copy of the press release issued by the Company on August 19, 2005 announcing receipt of the notice from Nasdaq is attached hereto as Exhibit 99.1 and is incorporated herein by reference.

 

Item 9.01. Financial Statements and Exhibits.

 

(c) Exhibits.

 

Exhibit

  

Description


99.1    Press release dated August 19, 2005.

 

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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.

 

Dated: August 19, 2005

     

BIOLASE TECHNOLOGY, INC.

       

By:

 

/s/ John Hohener

               

John Hohener

                Executive Vice President and
Chief Financial Officer

 

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EXHIBIT INDEX

 

Exhibit No.

  

Description


99.1    Press release dated August 19, 2005.

 

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