- Notification that Annual Report will be submitted late (NT 10-K)
17 Abril 2009 - 5:20PM
Edgar (US Regulatory)
|
|
|
|
OMB APPROVAL
|
|
|
OMB Number: 3235-0058
|
|
|
Expires: April 30, 2009
|
|
|
Estimated average burden
hours per response ... 2.50
|
|
|
|
|
|
|
SEC FILE NUMBER
|
|
|
|
|
|
|
|
|
CUSIP NUMBER
|
|
|
|
|
|
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 12b-25
NOTIFICATION OF LATE FILING
|
|
|
|
|
|
(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:
|
|
January 31, 2009
|
|
|
|
|
|
|
|
|
|
|
|
|
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:
|
|
Not Applicable
|
|
|
|
|
|
|
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 Item(s) to which
the notification relates:
PART I REGISTRANT INFORMATION
Hayes Lemmerz International, Inc.
Full Name of Registrant
Former Name if Applicable
Address of Principal Executive Office
(Street and Number)
Northville, Michigan 48168
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)
|
|
|
|
|
|
þ
|
|
|
(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 date; and
|
|
|
|
|
|
|
|
(c)
|
|
The accountants statement or other exhibit required by Rule 12b-25(c) has been attached if applicable.
|
PART III NARRATIVE
State below in reasonable detail why Forms 10-K,
20-F, 11-K, 10-Q, 10-D, N-SAR, N-CSR, or the transition report or portion thereof, could not be filed within the prescribed time period.
Due to the impact of adverse economic and industry conditions, management has been
focusing on a comprehensive strategic and financial planning process for the Company and has been
engaged in detailed discussions with its senior secured creditors,
unsecured note holders
and other stakeholders with respect to that process. The Company believes that the report
of its independent registered public accounting firm on the Companys fiscal 2008
consolidated financial statements is likely to include an explanatory paragraph indicating
substantial doubt about the Companys ability to continue as a going concern.
The Companys senior secured creditors have waived any default under the Companys
Second Amended and Restated Credit Agreement that may result from the receipt of
such a going concern qualification or from a delay in filing the Companys Annual
Report on Form 10-K. The substantial time and resources dedicated to addressing the aforementioned issues
impacts the Companys ability to timely file its Annual Report on Form 10-K for
the fiscal year ended January 31, 2009 without unreasonable effort or expense.
|
|
|
SEC 1344 (05-06)
|
|
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.
|
(Attach extra Sheets if Needed)
PART IV OTHER INFORMATION
(1)
|
|
Name and telephone number of person to contact in regard to this notification
|
|
|
|
|
|
Patrick C. Cauley
|
|
(734)
|
|
737-5075
|
(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
þ
No
o
|
|
(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.
|
|
The Company anticipates that its results of operations for the fiscal year
ended January 31, 2009 will include significant changes from the results of operations reported for
the prior fiscal year ended January 31, 2008. Any expected results
noted for fiscal 2008 are not final
and are subject to revision prior to the filing of the Companys Annual Report on Form 10-K for
the year ended January 31, 2009.
Total sales for the fiscal year ending January 31, 2009 are expected to be $1,904 million,
a decrease of 10.5% from the prior year. The reduction in sales was primarily due to lower production
volumes in the latter part of the fiscal year at North American and European vehicle manufacturers,
which have been negatively impacted due to the effects of the global recession and troubled capital and
credit markets. Gross profits are expected to decline from the prior year commensurate with the sales reduction.
In connection with the preparation of fiscal 2008 consolidated financial statements, the Company anticipates
taking a $257.3 million non-cash impairment charge to its goodwill and other intangible assets.
As a result of this impairment, earnings from operations and net income are expected to be
substantially below the prior year loss from operations of $38.7 million and net loss of $194.4 million.
Hayes
Lemmerz International, Inc.
(Name of Registrant as Specified in Charter)
has caused this notification to be signed on its behalf by the undersigned hereunto duly authorized.
|
|
|
|
|
|
|
Date
|
|
April 17, 2009
|
|
By
|
|
Patrick C. Cauley
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Vice President, General Counsel and Secretary
|
|
|
|
|
|
|
|
Hayes Lemmerz International (MM) (NASDAQ:HAYZ)
Gráfico Histórico do Ativo
De Mai 2024 até Jun 2024
Hayes Lemmerz International (MM) (NASDAQ:HAYZ)
Gráfico Histórico do Ativo
De Jun 2023 até Jun 2024
Notícias em tempo-real sobre Hayes Lemmerz International (MM) da NASDAQ bolsa de valores: 0 artigos recentes
Mais Notícias de