0001437749-12-008118.txt : 20120810 0001437749-12-008118.hdr.sgml : 20120810 20120809190031 ACCESSION NUMBER: 0001437749-12-008118 CONFORMED SUBMISSION TYPE: NT 10-Q PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20120630 FILED AS OF DATE: 20120810 DATE AS OF CHANGE: 20120809 EFFECTIVENESS DATE: 20120810 FILER: COMPANY DATA: COMPANY CONFORMED NAME: KV PHARMACEUTICAL CO /DE/ CENTRAL INDEX KEY: 0000057055 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 430618919 STATE OF INCORPORATION: DE FISCAL YEAR END: 0331 FILING VALUES: FORM TYPE: NT 10-Q SEC ACT: 1934 Act SEC FILE NUMBER: 001-09601 FILM NUMBER: 121022010 BUSINESS ADDRESS: STREET 1: 2280 SCHUETZ ROAD CITY: ST. LOUIS STATE: MO ZIP: 63146 BUSINESS PHONE: 3146456600 MAIL ADDRESS: STREET 1: 2280 SCHUETZ ROAD CITY: ST. LOUIS STATE: MO ZIP: 63146 NT 10-Q 1 kvp_nt10q-063012.htm REQUEST FOR EXTENSION kvp_nt10q-063012.htm
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
 
FORM 12b-25
 
NOTIFICATION OF LATE FILING
 
Commission File Number 1-9601
 
(Check One):    
  
¨  Form 10-K     ¨  Form 20-F     ¨  Form 11-K     x  Form 10-Q    
¨  Form10-D    ¨   Form N-SAR    ¨  Form N-CSR
   
   
For Period Ended: June 30, 2012
   
   
¨  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: __________________
 
 
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.
 
 
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
 
K-V Pharmaceutical Company
Full Name of Registrant
 
N/A
Former Name if Applicable
 
2280 Schuetz Road
Address of Principal Executive Office (Street and Number)
 
St. Louis, MO 63146
City, State and Zip Code
 
 
 
 
 
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 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 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 why Forms 10-K, 20-F, 11-K, 10-Q, 10-D, N-SAR, N-CSR, or the transition report or portion thereof, could not be filed within the prescribed time period.
 
On August 4, 2012, the Company and certain of its subsidiaries filed voluntary Chapter 11 petitions under the U.S. Bankruptcy Code in the United States Bankruptcy Court for the Southern District of New York, seeking the protection of Chapter 11 while it seeks to restructure its financial obligations.  The filing of its Form 10-Q for the three months ended June 30, 2012, is being delayed to provide additional time for management to complete its procedures and financial analysis associated with the Consolidated Financial Statements and applicable disclosures.
 
The Chapter 11 filings require the Company to make extensive changes to the financial and other disclosures that would otherwise be included in its Form 10-Q for the three months ended June 30, 2012. As a result, the registrant was not able to complete this Form 10-Q by the filing deadline of August 9, 2012 without unreasonable effort and expense.
 
 
PART IV
OTHER INFORMATION
 
(1)
Name and telephone number of person to contact in regard to this notification.
 
Thomas McHugh
 
(314)
 
645-6600
(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?    ¨  Yes    x  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.
 
* * * * * * * * *
 
 
 
 
 
 
K-V Pharmaceutical Company
(Name of Registrant as Specified in Charter)
 
has caused this notification to be signed on its behalf by the undersigned thereunto duly authorized.
 
 
K-V Pharmaceutical Company
 
  
       
Date: August 9, 2012
By:
/s/ Gregory J. Divis, Jr.  
   
Gregory J. Divis, Jr.
President and Chief Executive Officer