Commission file number: 0-20892
ATTUNITY LTD
(Name of registrant)
Kfar Netter Industrial
Park, Kfar Netter, Israel 40593
(Address of principal executive office)
Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F.
Form 20-F x Form 40-F o
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1): o
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7): o
Indicate by check mark whether by furnishing the information contained in this form, the registrant is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.
Yes o No x
If Yes is marked, indicate below the file number assigned to the registrant in connection with Rule 12g3-2(b): 82- ____________
This Form 6-K is being incorporated by reference into the registrants Form F-3 Registration Statements File Nos. 333-11972, 333-14140, 333-119157 and 333-122937 and Form S-8 Registration Statements File Nos. 333-84180, 333-932, 333-11648, 333-122271 and 333-122302.
As previously reported, on February 2, 2006 Attunity received a Nasdaq staff determination letter indicating that it had failed to comply with the minimum $10,000,000 stockholders equity requirement for continued listing on the Nasdaq National Market. Also as previously reported, in March 2006 the company received a commitment from a group of investors headed by Shimon Alon, Chairman of the Board, Ron Zuckerman, a board member and Aki Ratner, CEO, to take all reasonable necessary actions to the extent required for Attunity to meet the minimum $10,000,000 stockholders equity requirement for continued listing on the Nasdaq National Market through December 31, 2006. Accordingly, in April 2006 this group of investors exercised previously purchased warrants for 571,429 ordinary shares of Attunity for aggregate consideration of $1,000,000. As of the date hereof, Attunity believes that it has regained compliance with the Nasdaq stockholders equity requirement.
Nasdaq will continue to monitor Attunitys ongoing compliance with the stockholdersequity requirement, and if Attunitys Form 6-K for its fiscal quarter ending June 30, 2006 does not evidence compliance with the requirement, Attunity may be subject to delisting from the Nasdaq National Market. Attunity anticipates that it will be in compliance with the stockholders equity requirement as of that date.
SIGNATURES
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, thereunto duly authorized.
ATTUNITY LTD BY: /S/ Ofer Segev Ofer Segev Chief Financial Officer |
Date: May 4, 2006