-----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, N3DaFPths+BNDjC8JHJYqZi7w3OKQL+XnBWXbr0qVS16z4PbOUedK1IHHjvccryq VrQUZR8DQXqBxcw8lYlI9Q== 0000889812-99-000568.txt : 19990218 0000889812-99-000568.hdr.sgml : 19990218 ACCESSION NUMBER: 0000889812-99-000568 CONFORMED SUBMISSION TYPE: NT 10-Q/A PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19990103 FILED AS OF DATE: 19990217 FILER: COMPANY DATA: COMPANY CONFORMED NAME: HARVARD INDUSTRIES INC CENTRAL INDEX KEY: 0000046012 STANDARD INDUSTRIAL CLASSIFICATION: FABRICATED RUBBER PRODUCTS, NEC [3060] IRS NUMBER: 210715310 STATE OF INCORPORATION: FL FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: NT 10-Q/A SEC ACT: SEC FILE NUMBER: 001-01044 FILM NUMBER: 99544662 BUSINESS ADDRESS: STREET 1: 3 WERNER WAY CITY: LEBANON STATE: NJ ZIP: 08833 BUSINESS PHONE: 9084374100 MAIL ADDRESS: STREET 1: 3 WERNER WAY STREET 2: SUITE 960 CITY: LEBANON STATE: NJ ZIP: 08833 FORMER COMPANY: FORMER CONFORMED NAME: HARVARD BREWING CO DATE OF NAME CHANGE: 19710315 NT 10-Q/A 1 AMENDED NOTIFICATION OF LATE FILING UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 Amendment No. 1 to FORM 12b-25 NOTIFICATION OF LATE FILING (Check One): [ ] Form 10-K [ ] Form 20-F [ ] Form 11-K [X] Form 10-Q [ ] Form N-SAR For Period Ended: January 3, 1999 [ ] Transition Report on Form 10-K [ ] Transition Report on Form 20-F [ ] Transition Report on Form 11-K [ ] Transition Report on Form 10-Q [ ] Transition Report on Form N-SAR For the Transition Period Ended: N/A --- - ------------------------------------------------------------------------------ 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: Harvard Industries, Inc. Former Name if Applicable: N/A Address of Principal Executive Office (Street and Number): 3 Werner Way City, State and Zip Code Lebanon, New Jersey 08833 - ------------------------------------------------------------------------------ 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, the following should be completed. (Check box if appropriate) (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, Form 20-F, 11-K or Form N-SAR, 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 portion thereof will be filed on or before the fifth calendar day following the prescribed due date; and (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, 20-F, 11-K, 10-Q, N-SAR or the transition report or portion thereof could not be filed within the prescribed time period. On November 24, 1998, Harvard Industries, Inc. ("Harvard") and its nine domestic subsidiaries substantially consummated their First Amended and Modified Consolidated Plan Under Chapter 11 of the Bankruptcy Code, dated August 19, 1998 (the "Plan of Reorganization"). As a result of the demands on management resources relating to court filings, new banking arrangements and additional disclosure requirements, preparation of the Form 10-Q has taken longer than anticipated. - ------------------------------------------------------------------------------ Part IV-Other Information - ------------------------------------------------------------------------------ (1) Name and telephone number of person to contact in regard to this notification Theodore W. Vogtman 908 437-4109 - ----------------------- ---------------- -------------------- (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 [ ] 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 [ ] 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. Harvard reported a loss of $5,519,000 for the 3 months ended December 31, 1997. On November 24, 1998, Harvard substantially consummated the Plan of Reorganization, and emerged from bankruptcy. In connection with its emergence from Chapter 11 bankruptcy, Harvard implemented "Fresh Start Reporting" as of November 29, 1998. Accordingly, all assets and liabilities were restated to reflect respective fair values at that date and Harvard incurred a non-recurring loss of approximately $50.4 million. As a result of the consummation of the Plan of Reorganization, certain debts of Harvard were discharged and Harvard realized an extraordinary gain of $206.4 million. Together these non-recurring items will result in income for the period ending January 3, 1999. Harvard Industries, 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: February 17, 1999 By: /s/ Theodore W. Vogtman ----------------- ------------------------------ Name: Theodore W. Vogtman Title: Executive Vice President and Chief Financial Officer -----END PRIVACY-ENHANCED MESSAGE-----