UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 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: January 26, 2006): January 26, 2006

 

 

NEW YORK & COMPANY, INC.
(Exact name of registrant as specified in its charter)

 

DELAWARE

1-32315

33-1031445

(State or other jurisdiction of incorporation)

(Commission File Number)

(IRS Employer Identification No.)

 

450 West 33rd Street
5th Floor
New York, New York 10001
(Address of Principal executive offices, including  Zip Code)

 

(212) 884-2000
(Registrant’s telephone number, including area code)

 

Not Applicable
(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))

 

 


 

Item 8.01   Other Events.

On January 26, 2006 we issued a press release announcing our pricing of a public offering of seven million shares of our common stock at a price to the public of $18.50 per share.  The press release is attached hereto as Exhibit 99.1 and is incorporated herein by reference.

 

We hereby supplement our filing with the Securities and Exchange Commission on Form S-3 (Registration Statement No. 333-130875, the “Registration Statement”) with the following information for Item 14 of Part II of the Registration Statement (such information is hereby incorporated by reference into the Registration Statement):

 

                Part II

 

                Item 14. Other Expenses of Issuance and Distribution.

 

   The following table sets forth the costs, other than underwriting discounts and commissions, payable in connection with the sale of the common stock being registered. All amounts, except the SEC registration fee, are estimates.

 

Expenses

 

Amount

 

 

SEC registration fee

 

$

23,312

 

 

NASD filing fee

 

22,287

 

 

Printing and engraving expenses

 

135,000

 

 

Legal fees and expenses

 

160,000

 

 

Transfer agent and registrar fees

 

1,000

 

 

Accounting fees and expenses

 

150,000

 

 

Blue Sky fees and expenses

 

5,000

 

 

Miscellaneous

 

3,401

 

 

Total

 

$

500,000

 

 

 

Item 9.01   Financial Statements and Exhibits

 

(d)  Exhibit

 

Exhibit No.

 

Description

99.1

 

Press release issued on January 26, 2006

 

 

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SIGNATURES

 

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.

 

 

 

 

 

NEW YORK & COMPANY, INC.

 

 

 

 

 

/s/ Ronald W. Ristau

Date: January 26, 2006

Name:

Ronald W. Ristau

 

Title:

Chief Operating Officer and

 

 

Chief Financial Officer

 

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EXHIBIT INDEX

 

Exhibit No.

 

Description

99.1

 

Press release issued January 26, 2006

 

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