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OMB APPROVAL |
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OMB Number. 3235-0058
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SEC FILE NUMBER: 000-50095 |
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CUSIP NUMBER: 05359M-10-7 |
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 12b-25
NOTIFICATION OF LATE FILING
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(Check one): |
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o Form 10-K
o Form 20-F
o Form 11-K
þ Form 10-Q
o Form N-SAR
o Form N-CSR
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For Period Ended: June 30, 2007 |
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o Transition Report on Form 10-K |
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o Transition Report on Form 20-F |
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o Transition Report on Form 11-K |
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o Transition Report on Form 10-Q |
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o Transition Report on Form N-SAR |
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o For the Transition Period Ended:
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Read Instruction (on back page) Before Preparing Form. Please Print or Type.
Nothing in this form shall be construed to imply that the Commission has verified any information contained herein.
If the notification relates to a portion of the filing checked above identify the Items to which
the notification
relates:
PART I REGISTRANT INFORMATION
Full Name of Registrant
Former Name if Applicable
1854 Shackleford Court, Suite 200
Address of Principal Executive Office (Street and Number)
City, State and Zip Code
PART II RULES 12b-25(b) AND (c)
If the subject report could not be filed without unreasonable effort or expense and the registrant seeks relief pursuant to Rule 12b-25(b), the following should be completed. (Check box if appropriate)
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þ
þ |
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(a)
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The reason described in reasonable detail in Part III of this form could not be
eliminated without unreasonable effort or expense; |
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(b)
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The subject annual report, semi-annual report, transition report on
Form 10-K, 20-F, 11-K or Form N-SAR or
Form N-CSR, or portion thereof will be filed on or
before the fifteenth calendar day following the prescribed due date; or the subject quarterly
report or transition report on Form 10-Q, or portion thereof, will be filed on or before the fifth calendar day following the prescribed due date; and
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(c)
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The accountants statement or other exhibit required by Rule 12b-25(c) has been attached if applicable.
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PART III NARRATIVE
State below in reasonable detail why Forms 10-K, 20-F, 11-K, 10-Q, N-SAR, N-CSR, or the transition report or portion thereof, could not be filed within the prescribed time period.
The Companys Quarterly
Report on Form 10-Q for the quarter ended June 30, 2007 cannot be filed with the Securities and Exchange
Commission at this time without unreasonable effort or expense due to complex accounting issues which
delayed managements preparation of such Quarterly Report on Form 10-Q, and which, in turn, prevented
the Companys independent registered public accounting firm from completing its review of the Companys
financial statements. The Company anticipates filing such Quarterly Report on Form 10-Q on or before
August 14, 2007, the fifth calendar day following the prescribed due date, as permitted under Rule 12b-25
of the Securities Exchange Act of 1934, as amended.
(Attach extra Sheets if Needed)
PART IV OTHER INFORMATION
(1) |
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Name and telephone number of person to contact in regard to this notification. |
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Peter Fleming |
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(770) |
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806-9918 |
(Name) |
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(Area Code)
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(Telephone Number) |
(2) Have all other periodic reports required under Section 13 or 15(d) of the
Securities Exchange Act of 1934 or Section 30 of the Investment
Company Act of 1940 during the preceding 12 months or for such shorter period that the registrant
was required to file such report(s) been filed? If the answer is no, identify reports(s).
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þ Yes
or o No |
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(3) Is it anticipated that any significant change in results of operations from the corresponding period for the last fiscal year will be reflected by the earnings statements to be included in the subject report or portion thereof?
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o Yes
or þ No |
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If
so: attach an explanation of the anticipated change, both narratively and quantitatively, and, if appropriate, state the reasons why a reasonable estimate of the results cannot be made.
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(Name of Registrant as Specified in Charter)
has caused this notification to be signed on its behalf by the undersigned hereunto duly authorized.
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Date
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August 9, 2007 |
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By |
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/s/ John G. Lettko |
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John G. Lettko, Chief Executive Officer |
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INSTRUCTION: The form may be
signed by an executive officer of the registrant or by any other duly authorized representative.
The name and title of the person signing the form shall be typed or printed beneath the signature.
If the statement is signed on behalf of the registrant by an authorized representative (other than
an executive officer), evidence of the representatives authority to sign on behalf of the registrant
shall be filed with the form.
ATTENTION: Intentional misstatements
or omissions of fact constitute Federal Criminal Violations (see 18 U.S.C. 1001).
GENERAL INSTRUCTIONS
1. This form is required
by Rule 12b-25 (17 CFR 240.12b-25) of the General Rules and Regulations under the Securities Exchange Act of 1934.
2. One signed original
and four conformed copies of this form and amendments thereto must be completed and filed
with the Securities and Exchange Commission, Washington, D.C. 20549, in accordance with Rule
0-3 of the General Rules and Regulations under the Act. The information contained in or filed
with the form will be made a matter of public record in the Commission files.
3. A manually signed copy of
the form and amendments thereto shall be filed with each national securities exchange on
which any class of securities of the registrant is registered.
4. Amendments to the notifications
must also be filed on Form 12b-25 but need not restate information that has been correctly furnished.
The form shall be clearly identified as an amended notification.
5. Electronic Filers.
This form shall not be used by electronic filers unable to timely file a report solely
due to electronic difficulties. Filers unable to submit a report within the time period
prescribed due to difficulties in electronic filings should comply with either Rule 201 or
Rule 202 of Regulation S-T (§ 232.201 or § 232.202 of this chapter) or apply for an adjustment
in filing date pursuant to Rule 13(b) of Regulation S-T (§ 232.13(b) of this chapter).