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): September 10,
2010
____________________
Tegal
Corporation
(Exact
Name of Registrant as Specified in Charter)
Delaware
(State or
Other Jurisdiction
of
Incorporation)
000-26824
(Commission
File
Number)
68-0370244
(I.R.S.
Employer
Identification
No.)
2201
South McDowell Boulevard
Petaluma,
CA 94954
(Address
of Principal Executive Offices)
(707)
763-5600
(Registrant’s
telephone number, including area code)
_____________________________________________________
(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 (see General
Instruction A.2. below):
o Written communication
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))
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Item
3.01.
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Notice
of Delisting or Failure to Satisfy a Continued Listing Rule or Standard;
Transfer of Listing
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As
previously reported on a Current Report on Form 8-K filed with the SEC on
September 9, 2010, Ferdinand Seemann resigned from the Board of Directors (the
“Board”) of Tegal
Corporation (the “Company”) effective September
9, 2010. On September 9, 2010, the Company notified The
NASDAQ Stock Market LLC (“NASDAQ”) that, due to the
resignation of Mr. Seemann, the Company no longer complies with NASDAQ's
independent directors requirement for continued listing as set forth in
NASDAQ Listing Rule 5606(b)(1) and NASDAQ's audit committee composition
requirements for continued listing as set forth in NASDAQ Listing Rule
5605(c)(2)(A).
On
September 10, 2010, the Company received a letter from NASDAQ (the “Letter”) indicating that, in
accordance with Rules 5605(b)(1)(A) and 5605(c)(4)(B) of the NASDAQ Listing
Rules, NASDAQ will provide the Company a cure period to regain compliance equal
to the earlier of the Company’s next annual shareholders’ meeting or September
9, 2011, or, if the next annual shareholders’ meeting is held before March 8,
2011, then the Company must evidence compliance no later than March 8,
2011. The Company intends to evaluate candidates who are qualified to
serve on the Board and the Audit Committee of the Board.
SIGNATURES
Pursuant to the requirements of the
Securities Exchange Act 1934, the registrant has duly caused this report to be
signed on its behalf by the undersigned hereunto duly authorized.
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Date: September
14, 2010
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TEGAL
CORPORATION
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By:
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\s\ Christine
Hergenrother
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Name:
Title:
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Christine
Hergenrother
Chief
Financial Officer
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