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 9, 2009
AMERITYRE
CORPORATION
(Exact
name of registrant as specified in its charter)
|
NEVADA
|
000-50053
|
87-0535207
|
|
(State
or other jurisdiction
|
(Commission
File Number)
|
(IRS
Employer ID No.)
|
|
of
incorporation)
|
|
|
1501 Industrial Road,
Boulder City, Nevada 89005
(Address
of principal executive office)
Registrant's
telephone number, including area code: (702)
294-2689
Copies
to:
John C.
Thompson, Esq.
1371 East
2100 South, #202
Salt Lake
City, Utah 84105
Phone:
(801) 363-4854
Fax:
(801) 606-2855
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):
|
o
|
Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
|
|
o
|
Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
|
|
o
|
Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
|
|
o
|
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.
The Registrant announced that it has
received notice dated October 5, 2009, under Equity Standard Listing Rules
5550(b) (the “Rule”), that its common stock is subject to potential delisting
from the NASDAQ Capital Market because the Registrant does not have a minimum of
$2,500,000 in stockholders’ equity, $35,000,000 market value of listed
securities, or $500,000 of net income from continuing operations for the most
recently completed fiscal year or two of the three most recently completed
fiscal years. On or before October 20, 2009, the Registrant is
required to provide NASDAQ with a specific plan of how it will achieve and
sustain compliance with NASDAQ Capital Market listing requirements, including a
time frame for completion of such plan. The Registrant expects to provide a
plan of action as required with the intention of returning to compliance with
NASDAQ requirements.
On
October 9, 2009, the Company issued a press release announcing that it had
received the aforementioned letter. The full text of the press release issued in
connection with the announcement is furnished as Exhibit 99.1 and is
incorporated herein by reference.
Item
9.01Financial Statements and Exhibits
|
99.1
|
Press
release dated October 9, 2009, entitled “Amerityre Corporation
Receives Equity Standard Listing Rules 5550(b)
Notice.”
|
Exhibit 99.1 - Press release dated
October 9, 2009
SIGNATURES
Pursuant to the requirements of the
Securities Exchange Act of 1934, as amended, the Registrant has duly caused this
report to be signed on its behalf by the undersigned hereunder duly
authorized.
Dated: October
9, 2009
AMERITYRE
CORPORATION
By: /S/
Michael Kapral
Michael
Kapral
Chief
Executive Officer and President