NT 10-Q 1 g91981ntnt10vq.htm CARMIKE CINEMAS, INC. CARMIKE CINEMAS, INC.
 

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, DC 20549

FORM 12b-25

Commission File Number: 000-14993

NOTIFICATION OF LATE FILING

(Check One):     o Form 10-K     o Form 11-K     o  Form 20-F     x Form 10-Q     o Form N-SAR     o Form N-CSR

     For Period Ended: September 30, 2004

     
o Transition Report on Form 10-K
  o Transition Report on Form 10-Q
o Transition Report on Form 20-F
  o Transition Report on Form N-SAR
o Transition Report on Form 11-K
   

     For the Transition Period Ended:

     Nothing in this report 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: Carmike Cinemas, Inc.

Former name if applicable:

Address of principal executive office (Street and number): 1301 First Avenue

City, state and zip code: Columbus, Georgia 31901

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.)

         
  (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, 20-F, 11-K, Form N-SAR or 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 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 Forms 10-K, 11-K, 20-F, 10-Q, N-SAR, N-CSR, or the transition report or portion thereof, could not be filed within the prescribed time period.

     As previously announced, Carmike Cinemas, Inc. (the “Company”) will delay the filing of its Form 10-Q for the third quarter ended September 30, 2004. This delay is due to the Company’s ongoing evaluation of certain lease accounting issues and other transactions arising in prior years. At this time the Company has not determined the ultimate resolution of these matters. The outcome of this review may impact the preparation of, and disclosure contained in, the Company’s Quarterly Report on Form 10-Q for its fiscal quarter ended September 30, 2004 (the “Form 10-Q”). The Company believes it is appropriate for the Company to complete its review and then to assess the impact thereof on the disclosure in the Form 10-Q before finalizing and filing the Form 10-Q. As a result, the Company was unable, without unreasonable effort or expense, to finalize the Form 10-Q by the November 15, 2004 filing deadline. The Company believes that it will be able to file the Form 10-Q no later than the fifth calendar day following the filing deadline.

     The information provided herein may contain forward-looking statements within the meaning of the federal securities laws. Statements that are not historical facts, including statements about the Company’s beliefs and expectations, are forward-looking statements. Forward-looking statements include statements preceded by, followed by or that include the words, “anticipate,” “estimate,” “plans,” “expects,” “projects,” “should,” “will,” “believes” or “intends” or similar expressions. Forward-looking statements are only predictions and are not guarantees of performance. These statements are based on beliefs and assumptions of our management, which in turn are based on currently available information. The forward-looking statements also involve risks and uncertainties, which could cause actual results to differ materially from those contained in any forward-looking statement. Many of these factors are beyond our ability to control or predict. Such factors include, but are not limited to the timely resolution of the accounting issues discussed above. The risk factors discussed in our Form 10-K under the heading “Risk Factors” are specifically incorporated by reference in this press release.

     The Company believes these forward-looking statements are reasonable; however, undue

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reliance should not be placed on any forward-looking statements, which are based on current expectations. Further, forward-looking statements speak only as of the date they are made, and the Company undertakes no obligation to update publicly any of them in light of new information or future events.

PART IV
OTHER INFORMATION

(1) Name and telephone number of person to contact in regard to this notification:

         
Martin A. Durant   (706)   576-3415

 
 
 
 
 
(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     oNo

(3) Is it anticipated that any significant change in the 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     oNo

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.

As a result of the matters more fully discussed in Part III above, the Company is not in a position at this time to provide any specific estimate of any anticipated significant changes in results of operations from the period ended September 30, 2003 to the period ended September 30, 2004 that may be reflected in the financial statements to be included in the Form 10-Q.

However, the Company anticipates that revenues and operating income for the third quarter ended September 30, 2004 will be lower than revenues and operating results for the comparable period in 2003. Operating results were impacted by industry trends generally and by storms that affected certain of the Company’s markets. However, the Company anticipates that income before income taxes will be higher than income before income taxes in the prior year period. Third quarter 2004 income before income taxes is expected to be positively impacted by reduced interest expense and the successful resolution of bankruptcy claims.

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Carmike Cinemas, 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: November 15, 2004
  By:   /s/ Martin A. Durant
     
 
      Martin A. Durant
Senior Vice President — Finance, Treasurer and Chief Financial Officer

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