NT 10-K 1 l88204ant10-k.txt DAIRY MART CONVENIENCE STORES, INC. NT 10-K 1 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 12b-25 NOTIFICATION OF LATE FILING (Check One) [X] Form 10-K [ ] Form 20-F [ ] Form 11-K [ ] Form 10-Q [ ] Form N-SAR For Period Ended: February 3, 2001 [ ] 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 Attached Instruction Sheet 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: Entire 10-K ------------------------ PART 1 REGISTRANT INFORMATION Full Name of Registrant: Dairy Mart Convenience Stores, Inc. ----------------------------------------------------- Former Name if Applicable: N/A ----------------------------------------------------- Address of Principal Executive Office (Street and Number): One Dairy Mart Way, 200 Executive Parkway West ------------------------------------------------------------------------------- City, State and Zip Code: Hudson, Ohio 44236 -------------------------- 2 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) (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, 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 the Form 10-K, 11-K, 20-F, 10-Q, N-SAR, or the transition report or portion thereof could not be filed within the prescribed period. (Attach extra sheets if needed.) The Registrant was unable to timely file its annual report on Form 10-K for the year ended February 3, 2001 ("10-K") because the Registrant had only concluded negotiations with its lenders under its senior secured credit facility on May 4, 2001, the required filing date of the 10-K. The results of these negotiations required the Registrant to significantly change (1) the classification of items in the Registrant's financial statements and the notes related thereto and (2) the Registrant's discussion of its liquidity and capital resources. These changes could not be made in time to file the 10-K on May 4, 2001, which will be filed promptly. PART IV OTHER INFORMATION (1) Name and telephone number of person to contact in regard to this notification Gregory G. Landry (330) 342-6729 ---------------------------------------------------------------------- (Name) (Area Code) (Telephone Number) 3 (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. Please refer to Registrant's Form 10-K filed simultaneously with this Form 12b-25. Dairy Mart Convenience Stores, Inc. ------------------------------------------------------------------------------ (Name of Registrant as Specified in Charter) Has caused this notification to be signed on its behalf by the undersigned hereunto duly authorized. Date: May 7, 2001 By: /s/ Gregory G. Landry ----------- ---------------------------- Name: Gregory G. Landry Title: Executive Vice President and Chief Financial Officer Instruction. The form may be signed by an executive officer of the registrant or by any other duly authorized representative. The name and title of the person signing the form shall be typed or printed beneath the signature. If the statement is signed on behalf of the registrant by an authorized representative (other than an executive officer), evidence of the representative's authority to sign on behalf of the registrant shall be filed with the form.