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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): October 1, 2009
FREIGHTCAR AMERICA, INC.
(Exact name of Registrant as specified in its charter)
         
Delaware
(State or other
jurisdiction of
incorporation)
  000-51237
(Commission File Number)
  25-1837219
(IRS Employer
Identification
Number)
     
Two North Riverside Plaza, Suite 1250
Chicago, Illinois

(Address of principal executive offices)
   60606
(Zip Code)
(800) 458-2235
(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:
o   Written communications 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))
 
 

 


 

Section 8 — Other Events
Item 8.01 Other Events.
On October 1, 2009, FreightCar America, Inc. (the “Company”) received notification from the Nasdaq Stock Market (“Nasdaq”) stating that based on the filing of the Company’s Form 10-Q for the period ended June 30, 2009, the Company is in compliance with Nasdaq Marketplace Rule 5250(c)(1). Nasdaq had notified the Company on August 19, 2009 that the Company was not in compliance with Nasdaq Marketplace Rule 5250(c)(1) due to the delayed filing of its quarterly report on Form 10-Q for the quarter ended June 30, 2009
A copy of the Nasdaq notification received by the Company is attached as Exhibit 99.1 to this Current Report on Form 8-K and is incorporated herein by reference.
Section 9 — Financial Statements and Exhibits
Item 9.01 Financial Statements and Exhibits.
     (d) Exhibits
     
Exhibit 99.1
  Nasdaq Notification Letter dated October 1, 2009.

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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.
         
  FreightCar America, Inc.
 
 
Date: October 7, 2009  By:   /s/ Christopher L. Nagel    
    Name:   Christopher L. Nagel   
    Title:   Vice President, Finance and
Chief Financial Officer 
 

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EXHIBIT INDEX
     
Exhibit No.   Document Description
 
   
99.1
  Nasdaq Notification Letter dated October 1, 2009.

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