SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
FORM 12b-25
Commission File Number 1-14168
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CUSIP Number: Pending
NOTIFICATION OF LATE FILING
(Check One): [_] Form 10-K [_] Form 11-K [_]Form 20-F [X] Form 10-Q
[_]Form N-SAR
For Period Ended: December 31, 2002
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[_]Transition Report on Form 10-K [_] Transition Report on Form 10-Q
[_]Transition Report on Form 20-F [_] Transition Report on Form N-SAR
[_]Transition Report on Form 11-K
For the Transition Period Ended: ______________________________________
Read attached instruction sheet 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 item(s) to which the notification relates:
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PART I
REGISTRANT INFORMATION
Full name of registrant Globix Corporation
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Former name if applicable
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Address of principal executive office (Street and number)
139 Centre Street
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City, state and zip code New York, New York 10013
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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).
(a) The reasons described in reasonable detail in Part
III of this form could not be eliminated without
unreasonable effort or expense;
(b) The subject annual report, semi-annual report,
transition report on Form 10-K, 20-F, 11-K or Form
[_] N-SAR, or portion thereof will be filed on or before
the 15th 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
(c) The accountant's statement or other exhibit required
by Rule 12b-25 (c) has been attached if applicable.
PART III
NARRATIVE
State below in reasonable detail the reasons why Form 10-K, 11-K, 20-F,
10-Q, N-SAR or the transition report or portion thereof could not be filed
within the prescribed time period. (Attach extra sheets if needed.)
The Company is in the process of completing the work required to
implement the principles of fresh start accounting set forth in American
Institute of Certified Public Accountants Statement of Position No. 90-7
"Financial Reporting by Entities in Reorganization Under the Bankruptcy Code"
and, consequently, is unable to file its Quarterly Report on Form 10-Q by the
February 14, 2003 deadline. The Company must also provide, in the Quarterly
Report on Form 10-Q, certain financial information for certain subsidiaries that
have guaranteed its 11% Senior Secured Notes due 2008. Because this information
was not previously compiled on a subsidiary basis, it will take extra time to
compile the information.
PART IV
OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to this
notification
Gregory P. Leahy, Esq. (212) 334-8500
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(Name) (Area Code) (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 report(s).
[_] Yes [x] No
Quarterly Report on Form 10-Q for the quarter ended June 30, 2002.
Annual Report on Form 10-K for the year ended September 20, 2002.
(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?
[x] Yes [_] No
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.
The Company emerged from bankruptcy on April 25, 2002. The financial
statements to be presented in the Annual Report on Form 10-K will be presented
in accordance with the principles of fresh start accounting referred to above.
As a result, the Company's financial results for the period ended September 30,
2002 will include two different bases of accounting, one for the period before
emergence from bankruptcy and the other for the period following emergence from
bankruptcy. The results for the period following emergence from bankruptcy are
not comparable to the results for the period prior to emergence from bankruptcy.
Until the work required to implement the principles of fresh start accounting is
completed, it is not possible to predict the results of the Company's operations
for the period following emergence from bankruptcy.
Globix Corporation
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(Name of Registrant as Specified in Charter)
Has caused this notification to be signed on its behalf by the undersigned
thereunto duly authorized.
GLOBIX CORPORATION
Date February 14, 2003 By /s/ Robert Dennerlein
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Name: Robert Dennerlein
Title: Vice President and
Corporate Controller