NT 10-Q 1 q302-12b25.txt FORM 12B-25 U.S. SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 12b-25 NOTIFICATION OF LATE FILING 0-19542 --------- Commission File No. (Check One): [ ] Form 10-K and Form 10-KSB [ ] Form 20-F [ ] Form 11-K [X] Form 10-Q and Form 10-QSB [ ] Form N-SAR September 29, 2002 --------------------- For Period Ended [ ] 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: Part I--Registrant Information Avado Brands, Inc. ---------------------------------- Full Name of Registrant ---------------------------------- Former Name if Applicable Hancock at Washington ---------------------------------- Address of Principal Executive Office (STREET AND NUMBER) Madison, Georgia 30650 ----------------------- City, State and Zip Code 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; (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 /X/ 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 and Form 10-KSB, 20-F, 11-K, 10-Q and Form 10-QSB, N-SAR, or the transition report or portion thereof could not be filed within the prescribed period. In the first quarter of 2002, the Company adopted the provisions of Statement of Financial Accounting Standards ("SFAS") No. 144, "Accounting for the Impairment or Disposal of Long-Lived Assets". The Company interpreted the provisions of that statement as requiring the classification of its McCormick & Schmick's and Canyon Cafe brands as discontinued operations and such classification was presented in the first and second quarter form 10-Q filings. Immediately prior to the planned filing of the Company's form 10-Q for the third quarter ended September 29, 2002, the Company became aware, through consultation with its outside auditors, that the presentation of McCormick & Schmick's and Canyon Cafe as discontinued operations was not in accordance with the provisions of SFAS 144. Due to the resulting financial statement reclassifications and other drafting changes required to properly state form 10-Q, the Company was not able to file its form 10-Q by the November 13, 2002, 5:30 p.m. Eastern Standard Time filing deadline. Part IV--Other Information (1) Name and telephone number of person to contact in regard to this notification: Louis J. Profumo (706) 342-4552 -------------------------- ----- -------- (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. Avado Brands, Inc.. ---------------------------------- (Name of Registrant as specified in charter) has caused this notification to be signed on its behalf by the undersigned thereunto duly authorized. November 14, 2002 /s/ Louis J. Profumo ------------------- ---------------------------------- Date By: Louis J. Profumo Chief Financial Officer