UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
D.C. 20549
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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): November 20, 2008
HARTMARX
CORPORATION
(Exact
name of registrant as specified in charter)
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DELAWARE
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1-8501
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36-3217140
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(State or
other jurisdiction
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(Commission
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(IRS
Employer
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of
incorporation)
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File
Number)
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Identification
No.)
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101
North Wacker Drive
Chicago,
Illinois 60606
(Address
of principal executive offices) (Zip Code)
(312)
372-6300
(Registrant's
telephone number, including area code)
N/A
(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):
[
] Written communication pursuant to Rule 425 under the
Securities Act (17 C.F.R. 230.425)
[
] Soliciting material pursuant to Rule 14a-12 under the
Exchange Act (17 C.F.R. 240.14a-12)
[
] Pre-commencement communications pursuant to Rule
14d-2(b) under the Exchange Act (17 C.F.R. 240.14d-2(b))
[
] Pre-commencement communications pursuant to Rule 13e-4(c)
under the Exchange Act (17 C.F.R. 240.13e-4(c))
Item
3.01 Notice of Delisting or Failure to Satisfy a Continued
Listing Rule or Standard; Transfer of Listing.
On November 21, 2008, Hartmarx
Corporation (the "Company") issued a press release announcing that NYSE
Regulation, Inc. ("NYSER") provided the Company an official written notice,
dated November 20, 2008, stating that the Company is not in compliance with the
continued listing standard requiring a listed common stock to maintain an
average 30-consecutive trading-day market capitalization of not less than $25
million. The Company's average market capitalization over the
30-consecutive trading-day period ending November 19, 2008, was $19.7
million.
As a result of no longer meeting the
minimum market capitalization requirement, the New York Stock Exchange LLC
("NYSE") will suspend trading of the Company's common stock effective with the
NYSE's opening on Wednesday, November 26, 2008. The NYSE has also
initiated the process of delisting the Company's common stock subject to the
completion of applicable procedures, including the Company's right to request a
review by a committee of the Board of Directors of the NYSER. The
Company does not intend to request such a review. NYSE rules do not
provide a cure period for non-compliance with the minimum market capitalization
continued listing standard.
The Company expects that its common
stock will continue to be listed on the Chicago Stock Exchange and will be
traded through normal brokerage channels. The Company's stock ticker
symbol - HMX - will remain unchanged. The delisting from the NYSE
does not constitute a default under the Company's lending arrangements and will
not change the Company's obligation to file periodic and other reports with the
Securities and Exchange Commission under applicable federal securities
laws.
A copy of the press release is attached
hereto as Exhibit 99.1 and is incorporated by reference herein.
Item
9.01 Financial Statements and Exhibits.
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(d)
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Exhibits
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99.1
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Press
Release dated November 21,
2008
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SIGNATURE
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 hereunto duly
authorized.
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Dated:
November
21, 2008
EXHIBIT
LIST
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Exhibit
Number
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Description
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99.1
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Press
Release dated November 21,
2008
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