Central Garden & Pet Co - Notification that Quarterly Report will be submitted late (NT 10-Q)
August 08 2008 - 4:22PM
Edgar (US Regulatory)
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
FORM 12b-25
NOTIFICATION OF LATE FILING
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OMB APPROVAL
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OMB Number: 3235-0058
Expires: April 30, 2009
Estimated average burden
hours per response . . . 2.50
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SEC FILE
NUMBER
001-33268
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CUSIP NUMBER
45255A 10 4
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(Check One):
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¨
Form 10-K
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Form 20-F
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Form 11-K
x
Form 10-Q
¨
Form N-SAR
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Form N-CSR
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For Period Ended: June 28, 2008
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¨
Transition Report on Form 10-K
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¨
Transition Report on Form 20-F
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¨
Transition Report on Form 11-K
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¨
Transition Report on Form 10-Q
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¨
Transition Report on Form N-SAR
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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.
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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
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Central Garden & Pet Company
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Full Name of Registrant
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Former Name if Applicable
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1340 Treat Boulevard, Suite 600
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Address of Principal Executive Office
(Street and Number)
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Walnut Creek, CA 94597
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City, State and Zip Code
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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)
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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, 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
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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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Page 1 of 2
PART III - NARRATIVE
State below in reasonable detail the reasons why Forms 10-K, 20-F, 1 l-K, 10-Q, N-SAR, N-CSR, or the transition
report or portion thereof, could not be filed within the prescribed time period.
On August 6, 2008, Central Garden & Pet Company (the
Company) announced that the Audit Committee of the Board of Directors (the Audit Committee) is reviewing issues raised in a letter from an employee. Because the Audit Committees review has not been completed, it is not
possible for the Company to file the Quarterly Report on Form 10-Q for its third fiscal quarter ended June 28, 2008 (the Quarterly Report) by the due date of August 7, 2008 without unreasonable effort or expense.
The Company plans to file its Quarterly Report as soon as practicable, but it does not expect to file before the fifth calendar day following its original due date. The
Audit Committees review is primarily related to whether a loss reserve should have been established for the end of fiscal 2005 relating to a customer dispute that was settled in early fiscal 2006.
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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Stuart W. Booth
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925
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948-4000
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(Name)
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(Area Code)
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(Telephone Number)
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(2)
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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).
x
Yes
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No
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(3)
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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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Yes
x
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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Central Garden & Pet Company
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(Name of Registrant as Specified in Charter)
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has caused this notification to be signed on its behalf by the undersigned hereunto duly authorized.
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Date August 8, 2008
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By
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/s/ Stuart W. Booth
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Stuart W. Booth
Executive Vice President, Chief
Financial Officer and Secretary
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Page 2 of 2
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