OMB APPROVAL | ||
OMB Number: 3235-0058 |
||
Expires: April 30, 2009 |
||
Estimated average
burden
hours per response ... 2.50 |
||
SEC FILE NUMBER | ||
000-
29472 |
||
CUSIP NUMBER | ||
031652100 |
||
(Check one): | o Form 10-K o Form 20-F o Form 11-K þ Form 10-Q o Form 10-D o Form N-SAR o Form N-CSR | |||||
For Period Ended: | June 30, 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 |
|||||
(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. |
1
(1) | Name and telephone number of person to contact in regard to this notification |
Kenneth T. Joyce | 480 | 821- 5000 | ||
(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 Companys board of directors has established a special committee comprised of independent directors to conduct a review of the Companys historical stock option practices, as described in greater detail in Part III. At this time, the special committee has neither completed its review, nor reached any preliminary or final conclusions about the Companys stock option practices. Upon conclusion of the review and depending on its results, the Company may be required to record non-cash charges for stock-based compensation expenses, which if material could result in a restatement of the Companys financial statements. | ||
Note: This Form 12b-25 contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 that involve risks and uncertainties including statements regarding the review to be conducted by the special committee and the Companys intent to file its Form 10-Q as soon as practicable. There can be no assurances that forward-looking statements will be achieved, and actual results could differ materially from those suggested by the forward-looking statements. Important factors that could cause actual results to differ materially include: the results and findings of the review by the special committee; the impact, if any, of such results or findings on the financial statements of the Company; the Companys inability to timely file reports with the Securities and Exchange Commission; risks associated with the Companys inability to meet NASDAQ requirements for continued listing; and risks of litigation and governmental or other regulatory inquiry or proceedings arising out of or related to the Companys historical stock option practices. Therefore, any forward-looking statements in this Form 12b-25 should be considered in light of various important factors, including the risks and uncertainties listed above, as well as others. The Company makes no commitment to revise or update any forward-looking statements in order to reflect events or circumstances after the date any such statement is made. |
Date
|
August 10, 2006 | By | /s/ Kenneth T. Joyce | |||
Date
|
Executive Vice President and Chief Financial Officer | |||||
2