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) May 13, 2009
MEDIFAST,
INC.
(Exact
name of registrant as specified in its charter)
Delaware
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000-23016
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13-3714405
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(State
or other jurisdiction of incorporation or organization)
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(Commission
File Number)
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(IRS
Employer Ident. No.)
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11445
Cronhill Drive, Owing Mills, Maryland
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21117
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(Address
of principal executive offices)
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(Zip
Code)
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Registrant's
telephone number, including area code (410)-581-8042
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:
[ ]
Written communications pursuant to Rule 425 under the Securities Act (17
CFR 230.425)
[ ]
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
[ ]
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act
(17 CFR 240.14d-2(b))
[ ]
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act
(17 CFR 240.13e-4(c))
Item
8.01 Other Events
On May
13, 2009, Medifast, Inc. received notification from the New York Stock Exchange
(“NYSE”) that the Company is now considered a company in “good standing” under
the NYSE’s continued listing standards and will be removed from its “Watch
List.” Medifast, Inc.’s reinstatement to good standing comes as
a result of the Company’s consistent positive performance against a business
plan submitted to the NYSE and its compliance with the Exchange’s minimum market
capitalization and shareholder’s equity standard. In the first
quarter of 2009, the Company reported a 34% increase in sales and 70% increase
in diluted earnings per share as compared to the first quarter of
2008. The Company will be subject to a 12-month follow-up period to
ensure that it remains in compliance with the NYSE’s continued listing standards
as well as being subject to its normal monitoring procedures.
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 hereunto duly
authorized.
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MEDIFAST,
INC. |
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Dated: May
13, 2009 |
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/s/ Michael
S. McDevitt |
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Michael
S. McDevitt |
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Chief
Executive Officer |
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