10-Q/A 1 a13-2062_410qa.htm 10-Q/A

 

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

 

FORM 10-Q/A

 

 

(Mark One)

 

x

QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

 

 

For the quarterly period ended August 31, 2012

 

 

OR

 

 

o

TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

 

For the transition period from              to             .

 

Commission file number: 333-

 

 

NEW ENTERPRISE STONE & LIME CO., INC.

(Exact name of registrant as specified in its charter)

 

 

Delaware

 

23-1374051

(State or other jurisdiction of
incorporation or organization)

 

(I.R.S. Employer
Identification Number)

 

3912 Brumbaugh Road

P.O. Box 77

New Enterprise, PA 16664

(Address, including zip code, of principal executive offices)

 

(814) 766-2211

(Registrant’s telephone number, including area code)

 

 

Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes o  No x

 

Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (§ 232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files). Yes o  No x

 

Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See the definitions of “large accelerated filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange Act.

 

Large accelerated filer o

 

Accelerated filer o

 

 

 

Non-accelerated filer x

 

Smaller reporting company o

(Do not check if a smaller reporting company)

 

 

 

Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). Yes o  No x

 

As of March 15, 2013, the number of shares outstanding of the registrant’s Class A Voting Common Stock, $1.00 par value, was 500 shares and the number of shares outstanding of the registrant’s Class B Non-Voting Common Stock, $1.00 par value, was 273,285 shares.

 

 


 

Explanatory Note

 

The sole purpose of this Amendment No. 1 to the Quarterly Report on Form 10-Q (the “Form 10-Q”) of New Enterprise Stone & Lime Co., Inc. for the quarterly period ended August 31, 2012, filed with the Securities and Exchange Commission on February 22, 2013, is to furnish Exhibit 101 to the Form 10-Q in accordance with Rule 405 of Regulation S-T.  Exhibit 101 to the Form 10-Q provides the financial statements and related notes from the Form 10-Q formatted in XBRL (extensible Business Reporting Language).

 

No other changes have been made to the Form 10-Q.  This Amendment No. 1 to the Form 10-Q speaks as of the original filing date of the Form 10-Q, does not reflect events that may have occurred subsequent to the original filing date, and does not modify or update in any way disclosures made in the original Form 10-Q.

 

Pursuant to Rule 406T of Regulation S-T, the interactive data files on Exhibit 101 hereto are deemed not filed or part of a registration statement or prospectus for purposes of Sections 11 or 12 of the Securities Act of 1933, as amended, are deemed not filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and otherwise are not subject to liability under those sections.

 

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SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.

 

 

 

NEW ENTERPRISE STONE & LIME CO., INC.

 

 

 

Date: March 15, 2013

By:

/S/ Paul I. Detwiler, III

 

 

Paul I. Detwiler, III

 

 

President, Chief Financial Officer, and Secretary

 

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EXHIBIT INDEX

 

Exhibit
Number

 

Description

 

 

 

31.1*

 

Certification of the Chief Executive Officer Pursuant to Rule 13a-14(a) or 15d-14(a).

 

 

 

31.2*

 

Certification of the Chief Financial Officer Pursuant to Rule 13a-14(a) or 15d-14(a).

 

 

 

32.1**

 

Certification of the Chief Executive Officer Pursuant to 18 U.S.C. Section 1350.

 

 

 

32.2**

 

Certification of the Chief Financial Officer Pursuant to 18 U.S.C. Section 1350.

 

 

 

101.INS XBRL***

 

Instance document

 

 

 

101.SCH XBRL***

 

Taxonomy Extension Schema

 

 

 

101.CAL XBRL***

 

Taxonomy Extension Calculation Linkbase

 

 

 

101.DEF XBRL***

 

Taxonomy Extension Definition Linkbase

 

 

 

101.LAB XBRL***

 

Taxonomy Extension Label Linkbase

 

 

 

101.PRE XBRL***

 

Taxonomy Extension Presentation Linkbase

 

*

 

Filed herewith.

**

 

Furnished with original Form 10-Q on February 22, 2013.

***

 

XBRL information is furnished and not filed for purposes of Sections 11 and 12 of the Securities Act of 1933 and Section 18 of the Securities Exchange Act of 1934, and is not subject to liability under those sections, is not part of any registration statement or prospectus to which it relates and is not incorporated or deemed to be incorporated by reference into any registration statement, prospectus or other document.

 

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