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SEC FILE NUMBER | ||
001-31216 |
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CUSIP NUMBER | ||
640938-10-6 |
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(Check one): | þ Form 10-K o Form 20-F o Form 11-K o Form 10-Q o Form 10-D o Form N-SAR o Form N-CSR | |||||
For Period Ended: | December 31, 2006 | |||||
o Transition Report on Form 10-K | ||||||
o Transition Report on Form 20-F | ||||||
o Transition Report on Form 11-K | ||||||
o Transition Report on Form 10-Q | ||||||
o Transition Report on Form N-SAR | ||||||
For the Transition Period Ended: | ||||||
o |
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(a) | The reason 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, Form 20-F, Form 11-K, 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 subject distribution report on Form 10-D, or portion thereof, will be filed on or before the fifth calendar day following the prescribed due d ate; and | ||||
(c) | The accountants statement or other exhibit required by Rule 12b-25(c) has been attached if applicable. |
Due to the pending restatement, the Company is unable to file the Form 10-K within the prescribed due date of March 1, 2007, or on or before the fifth calendar day following such filing date as prescribed in Rule 12b-25. The Company intends to file its Form 10-K as soon as practicable after the completion of the restatement.
SEC 1344 (03-05) | Persons who are to respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. |
(1) | Name and telephone number of person to contact in regard to this notification |
Eric F. Brown | (972) | 963-7966 | ||
(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 answer is no, identify report(s). | |
Yes o No þ | ||
Due to the Companys pending restatement discussed in Part III above, the Company has failed to timely file its Quarterly Reports on Form 10-Q for the fiscal quarters ended June 30, 2006 and September 30, 2006. |
(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? | |
Yes þ No o | ||
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. | ||
Due to the Companys pending restatement as discussed in Part III above, the Company cannot provide a reasonable estimate and comparison of operating results at this time, other than our unaudited and preliminary results of operations for the quarter ended December 31, 2006 disclosed in the current report on Form 8-K dated February 8, 2007. As disclosed in such filing, these unaudited and preliminary results do not take into account any adjustments that may be required in connection with the restatement. The Company is not in a position to provide any additional information regarding the results of operations for the fourth quarter or full year of 2006 pending the completion of the restatement. | ||
Forward-Looking Statements: This Notification of Late Filing on Form 12b-25 contains forward-looking statements which include those regarding the preliminary unaudited results for the fourth quarter and year ended December 31, 2006 and the anticipated timing for the Company's filing of its Form 10-K for the year ended December 31, 2006. Actual events could vary perhaps materially and the expected results may not occur. In particular,
the Company may conclude that the scope of issues as to the timing and accuracy of measurement dates for prior period option awards may change, and the Company's expectation as to the amount and timing of additional stock-based compensation or tax related expenses to be recorded in connection with the affected option grants may change. The Company may be required to make adjustments to its preliminary unaudited results for the fourth quarter and full year of 2006, and will make adjustments to its financial
results previously reported for prior periods. In addition, actual results are subject to other risks, including those risk factors that could affect the Company's business and financial results set forth in the Company's filings with the SEC including its annual report on Form 10-K for the year ended December 31, 2005 and its quarterly reports filed on Form 10-Q. |
Date
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February 28, 2007 | By | /s/ Eric F. Brown | |||||
Name: | Eric F. Brown | |||||||
Title: | Chief Operating Officer and Chief Financial Officer |