-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, Sb2jw1k+F7GVhcnw3DHBDMR/7/1/DzKln2W+OtsnkkcSwoXrfrmv2knNYPXRwkNe wZhKAPW5wihSkjyGhqYAqA== 0001144204-09-044118.txt : 20090817 0001144204-09-044118.hdr.sgml : 20090817 20090817150656 ACCESSION NUMBER: 0001144204-09-044118 CONFORMED SUBMISSION TYPE: NT 10-Q PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20090630 FILED AS OF DATE: 20090817 DATE AS OF CHANGE: 20090817 EFFECTIVENESS DATE: 20090817 FILER: COMPANY DATA: COMPANY CONFORMED NAME: HEREUARE INC CENTRAL INDEX KEY: 0001145906 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-COMPUTER PROGRAMMING, DATA PROCESSING, ETC. [7370] IRS NUMBER: 020575232 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: NT 10-Q SEC ACT: 1934 Act SEC FILE NUMBER: 000-33033 FILM NUMBER: 091019008 BUSINESS ADDRESS: STREET 1: 5201 GREAT AMERICA PARKWAY STREET 2: SUITE 446 CITY: SANTA CLARA STATE: CA ZIP: 95054 BUSINESS PHONE: 408-988-1888 MAIL ADDRESS: STREET 1: 5201 GREAT AMERICA PARKWAY STREET 2: SUITE 446 CITY: SANTA CLARA STATE: CA ZIP: 95054 FORMER COMPANY: FORMER CONFORMED NAME: HEREUARE, INC. DATE OF NAME CHANGE: 20070330 FORMER COMPANY: FORMER CONFORMED NAME: PEOPLENET INTERNATIONAL CORP DATE OF NAME CHANGE: 20010727 NT 10-Q 1 v158346_nt10q.htm Unassociated Document

 
SECURITIES AND EXCHANGE COMMISSION
 
 
WASHINGTON, D.C. 20549
 
 
FORM 12b-25
 
 
Commission File Number 000-33033
 
 
NOTIFICATION OF LATE FILING
 
 
oForm 10-K    o Form 11-K    o Form 20-F    x Form 10-Q     oForm N-SAR
 
 
For Period Ended: June 30, 2009
 
 
o Transition Report on Form 10-K
o Transition Report on Form 11-K
o Transition Report on Form 20-F
o Transition Report on Form 10-Q
o Transition Report on Form N-SAR
 
For the Transition Period Ended: _______________________________________
 
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
 
Full name of registrant      
hereUare, Inc.
   
Former name if applicable          
  
Address of principal executive office      
228 Hamilton Ave., 3rd floor
   
City, state and zip code
Palo Alto, CA 94301
 
PART II
RULE 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.)
 
x
a. The reasons described in reasonable detail in Part III of this form could not be eliminated without unreasonable effort or expense;
 
 
x
b. The subject annual report, semi-annual report, transition report on Form 10-K, 11-K, 20-F 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 5th calendar day following the prescribed due date; and
   
o
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 portion thereof could not be filed within the prescribed time period.
 
In light of Registrant’s lean staff, and the amount of time Registrant’s management has been spending on fund raising, Registrant fell behind in closing its books for the quarter.
 
 
PART IV
OTHER INFORMATION
 
(1) Name and telephone number of person to contact in regard to this notification
 
Benedict Van           (650)             798-5288
(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).
 
x Yes     o No
 
(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     o 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.
 
In the first quarter of fiscal 2008, there was a non-cash expense of approximately $2.8 million for stock options included in general and administrative expenses.  In the second quarter of fiscal 2009 there was a similar non-cash expense of approximately $7 million included in general and administrative expenses largely due to a three-year extension of certain outstanding stock options.  Registrant expects that all other operating expense categories in fiscal 2009 will show a decline as Registrant reduced its spending due to its cash shortage as compared to fiscal 2008.  Registrant expects its fiscal 2009 second quarter results, excluding the approximately $7 million charge, to resemble its fiscal 2009 first quarter results.  As a result, taking into account the expected approximately $7 million charge, Registrant expects its fiscal 2009 second quarter and first half results to show losses of approximately $7.5 million and $8 million, respectively, as compared to $1.5 million and $5 million, respectively, for the same periods in fiscal 2008.
 
 
 
hereUare, Inc.
Name of Registrant as Specified in Charter.
 
Has caused this notification to be signed on its behalf by the undersigned thereunto duly authorized.
 
 
Date: August 17, 2009
 
By: /s/ Benedict Van
Benedict Van, Chief Executive Officer

 
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