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): May 12, 2009
(Exact
name of registrant as specified in charter)
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Delaware
(State
or other jurisdiction
of
incorporation)
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000-51642
(Commission
File
Number)
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20-1979646
(I.R.S.
Employer
Identification
Number)
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440 Kings Village Road, Scotts Valley, CA 95066
(Address
of principal executive offices) (Zip Code)
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831-438-2100
(Registrant’s
telephone number, including area code)
(Former
name or former address, if changed since last report.)
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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 (see General Instruction A.2. below):
[ ]
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 May
12, 2009, we notified The NASDAQ Stock Market that we do not comply with the
obligation to file periodic reports under Rule 5250(c) of the Nasdaq Listing
Rules. Our Quarterly Report on Form 10-Q for our fiscal quarter ended
March 27, 2009 was not filed with the Securities and Exchange Commission by the
filing deadline of May 11, 2009.
Item
8.01. Other Events.
As
previously announced, we have retained Needham & Company, LLC to assist us
in reviewing financial and strategic options for the company. In
order to preserve the company’s financial resources in the interim, management
has decided to focus its efforts on reviewing and pursuing financial and
strategic options for the company to maximize value on behalf of all of the
company’s stakeholders, which may include merging with or into another company,
a sale of all or substantially all of the company’s assets, or the liquidation
or dissolution of the company through bankruptcy proceedings.
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.
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AVIZA
TECHNOLOGY, INC.
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Date: May
12, 2009
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By:
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/s/
Patrick
C. O’Connor
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Patrick
C. O’Connor
Executive
Vice President and Chief Financial Officer
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