

[Federal Register: February 10, 2006 (Volume 71, Number 28)]
[Notices]               
[Page 7082]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10fe06-123]                         

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SECURITIES AND EXCHANGE COMMISSION

[File No. 1-06351]

 
Issuer Delisting; Notice of Application of Eli Lilly and Company 
To Withdraw Its Common Stock, No Par Value, From Listing and 
Registration on the Pacific Exchange, Inc.

February 2, 2006.
    On December 23, 2005, Eli Lilly and Company, an Indiana corporation 
(``Issuer''), filed an application with the Securities and Exchange 
Commission (``Commission''), pursuant to section 12(d) of the 
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 12d2-2(d) 
thereunder,\2\ to withdraw its common stock, no par value 
(``Security''), from listing and registration on the Pacific Exchange, 
Inc. (``PCX'').
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    \1\ 15 U.S.C. 78l(d).
    \2\ 17 CFR 240.12d2-2(d).
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    On June 24, 2005, the Board of Directors (``Board'') of the Issuer 
adopted resolutions to withdraw the Security from listing and 
registration on PCX. The Issuer stated that it determined to withdraw 
the Security from PCX for the followings reasons: (i) The Issuer 
maintains its primary listing on the New York Stock Exchange, Inc. 
(``NYSE'') as well as its secondary listings on the London Stock 
Exchange and the SWX Swiss Stock Exchange; (ii) the Security is widely 
traded on several electronic exchanges; (iii) in light of the strong 
liquidity and visibility of the trading market for the Security on NYSE 
and other exchanges, the additional expenses and administrative burden 
of maintaining a secondary listing on PCX outweigh the benefits of 
maintaining the listing on PCX.
    The Issuer stated in its application that it has complied with 
applicable rules of PCX by providing PCX with the required documents 
governing the withdrawal of securities from listing and registration on 
PCX. The Issuer's application relates solely to the withdrawal of the 
Security from listing on PCX, and shall not affect its continued 
listing on NYSE or its obligation to be registered under section 12(b) 
of the Act.\3\
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    \3\ 15 U.S.C. 78l(b).
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    Any interested person may, on or before February 28, 2006, comment 
on the facts bearing upon whether the application has been made in 
accordance with the rules of PCX, and what terms, if any, should be 
imposed by the Commission for the protection of investors. All comment 
letters may be submitted by either of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/delist.shtml.
); or     Send an e-mail to rule-comments@sec.gov. Please include 

the File Number 1-06351 or;

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris, 
Secretary, Securities and Exchange Commission, 100 F Street, NE., 
Washington, DC 20549-1090.
    All submissions should refer to File Number 1-06351. This file 
number should be included on the subject line if e-mail is used. To 
help us process and review your comments more efficiently, please use 
only one method. The Commission will post all comments on the 
Commission's Internet Web site (http://www.sec.gov/rules/delist.shtml). 

Comments are also available for public inspection and copying in the 
Commission's Public Reference Room. All comments received will be 
posted without change; we do not edit personal identifying information 
from submissions. You should submit only information that you wish to 
make available publicly.
    The Commission, based on the information submitted to it, will 
issue an order granting the application after the date mentioned above, 
unless the Commission determines to order a hearing on the matter.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\4\
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    \4\ 17 CFR 200.30-3(a)(1).
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Nancy M. Morris,
Secretary.
 [FR Doc. E6-1844 Filed 2-9-06; 8:45 am]

BILLING CODE 8010-01-P
