NOTIFICATION OF REMOVAL FROM LISTING AND/OR REGISTRATION UNDER SECTION 12(b) OF THE SECURITIES EXCHANGE ACT OF 1934.
| UNITED STATES |
| OMB APPROVAL |
| OMB Number: |
3235-0080 |
| Expires: |
March 31, 2018 |
| Estimated average burden |
| hours per response: |
1.7 |
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| SECURITIES AND EXCHANGE COMMISSION |
| Washington, D.C. 20549 |
| FORM 25 |
NOTIFICATION OF REMOVAL FROM LISTING AND/OR REGISTRATION
UNDER SECTION 12(b) OF THE SECURITIES EXCHANGE ACT OF 1934.
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| Commission File Number |
001-35803 |
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(Exact name of Issuer as specified in its charter, and name of Exchange where security is listed and/or registered)
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| Address: |
675 McDonnell Blvd. |
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Hazelwood |
MISSOURI |
63042 |
| Telephone number: |
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(Address, including zip code, and telephone number, including area code, of Issuer's
principal executive offices)
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| Ordinary Shares |
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(Description of class of securities)
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Please place an X in the box to designate the rule provision relied upon to strike
the class of securities from listing and registration:
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Pursuant to the requirements fo the Securities Exchange Act of 1934,
NEW YORK STOCK EXCHANGE LLC
certifies that it has reasonable grounds to believe that it
meets all of the requirements for filing the Form 25 and has caused this notification to be
signed on its behalf by the undersigned duly authorized person.
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| 2020-10-13 |
By |
Victoria Paper |
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Lead Analyst |
| Date |
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Name |
Title |
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| 1 |
Form 25 and attached Notice will be considered compliance with the provisions of
17 CFR 240.19d-1 as applicable. See General Instructions.
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Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number.
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NOTIFICATION OF THE REMOVAL FROM LISTING AND REGISTRATION OF THE STATED SECURITIES
The New York Stock Exchange ('NYSE' or the 'Exchange') hereby notifies the Securities and Exchange Commission (the 'Commission') of its intention to remove the entire class of ordinary shares ('Ordinary Shares') of Mallinckrodt plc (the 'Company') from listing and registration on the Exchange on October 26, 2020, pursuant to the provisions of Rule 12d2-2(b) because, in the opinion of the Exchange, the Ordinary Shares are no longer suitable for continued listing and trading on the Exchange.
The Exchange reached its decision that the Company is no longer suitable for listing pursuant to Listed Company Manual (the 'Manual') Section 802.01D after the Company's October 12, 2020 disclosure that it has voluntarily filed for Chapter 11 protection in the U.S. Bankruptcy Court for the District of Delaware.
Section 802.01D of the Manual states that the Exchange would normally give consideration to suspending or removing from the list a security of a company when 'an intent to file under any of the sections of the bankruptcy law has been announced or a filing has been made or liquidation has been authorized and the company is committed to proceed.'
The Exchange, on October 12, 2020, determined that the Ordinary Shares of the Company should be suspended from trading, and directed the preparation and filing with the Commission of this application for the removal of the Ordinary Shares from listing and registration on the Exchange. The Company was notified by phone and by letter on October 12, 2020.
Pursuant to the above authorization, on October 12, 2020, a press release regarding the delisting was issued and posted on the Exchange's website and trading of the Ordinary Shares was suspended prior to market open.
The Company had a right to appeal to a Committee of the Board of Directors of the Exchange (the 'Committee') the determination to delist the Ordinary Shares, provided that it filed a written request for such a review with the Secretary of the Exchange within ten business days of receiving notice of the delisting determination. The Company waived its rights to such request on October 12, 2020. Consequently, all conditions precedent under SEC Rule 12d2-2(b) to the filing of this application have been satisfied.
