-----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, R2imNHqy+lgi1KmpT5O1Y1DlePZgupNfdnEbdWkQV/onDw0HFpRMtWBv/Rh+Inau +eowOlr6rEHNsDn04NsPPg== 0000950137-04-010997.txt : 20041214 0000950137-04-010997.hdr.sgml : 20041214 20041213182024 ACCESSION NUMBER: 0000950137-04-010997 CONFORMED SUBMISSION TYPE: NT 10-Q PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20041101 FILED AS OF DATE: 20041214 DATE AS OF CHANGE: 20041213 EFFECTIVENESS DATE: 20041214 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CKE RESTAURANTS INC CENTRAL INDEX KEY: 0000919628 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING PLACES [5812] IRS NUMBER: 330602639 STATE OF INCORPORATION: DE FISCAL YEAR END: 0125 FILING VALUES: FORM TYPE: NT 10-Q SEC ACT: 1934 Act SEC FILE NUMBER: 001-11313 FILM NUMBER: 041199837 BUSINESS ADDRESS: STREET 1: 6307 CARPINTERIA AVENUE STREET 2: SUITE A CITY: CARPINTERIA STATE: CA ZIP: 93013 BUSINESS PHONE: (805)898-8408 MAIL ADDRESS: STREET 1: 6307 CARPINTERIA AVENUE STREET 2: SUITE A CITY: CARPINTERIA STATE: CA ZIP: 93013 NT 10-Q 1 a03984ntnt10vq.htm FORM 12B-25 nt10vq
 

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SEC FILE NUMBER
1-11313

CUSIP NUMBER
12561E105

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

FORM 12b-25

NOTIFICATION OF LATE FILING

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

For Period Ended: November 1, 2004

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

CKE Restaurants, Inc.


Full Name of Registrant


Former Name if Applicable

6307 Carpinteria Avenue, Ste. A


Address of Principal Executive Office (Street and Number)

Carpinteria, California 93013


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 reason 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, 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 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, N-SAR, N-CSR, or the transition report or portion thereof, could not be filed within the prescribed time period.

     On November 23, 2004, the Registrant filed a Current Report on Form 8-K disclosing that it had determined that, because of the accounting errors described in the Current Report, its previously issued financial statements for its fiscal years ended January 31, 2004, 2003 and 2002, and interim financial statements for the fiscal quarters ended May 17, 2004 and

  

 


 

August 9, 2004, should no longer be relied upon, and that the Registrant would be filing amendments to its periodic reports for those periods to restate the financial statements contained therein. The adjustments being made in the restatements of the foregoing reports will also affect the Registrant’s reporting in its Registrant’s Quarterly Report on Form 10-Q for its third fiscal quarter ended November 1, 2004, and, for comparison purposes, its reporting of the prior year period. To put the adjustments in historical context, the Registrant intends to file its amended Annual Report on Form 10-K concurrently with its third quarter Form 10-Q, which could not be accomplished by the Form 10-Q’s scheduled filing date without unreasonable effort or expense.

PART IV – OTHER INFORMATION

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

         
Ted Abajian   (805)   745-7500

 
 
 
 
 
(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 answer is no, identify report(s). Yes x No o
 
(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 o

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.

     Concurrently with this filing, the registrant has issued a news release which includes its financial results for the three- and nine-month periods ended November 1, 2004, along with comparisons to the prior fiscal year periods. The news release was furnished to the Commission on a Current Report on Form 8-K filed on or about December 13, 2004.

CKE Restaurants, 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 December 13, 2004   By: /s/ Theodore Abajian    
  Theodore Abajian   
  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.

ATTENTION
Intentional misstatements or omissions of fact constitute Federal Criminal Violations (See 18U.S.C. 1001).

GENERAL INSTRUCTIONS

1.   This form is required by Rule 12b-25 (17 CFR 240.12b-25) of the General Rules and Regulations under the Securities Exchange Act of 1934.
 
2.   One signed original and four conformed copies of this form and amendments thereto must be completed and filed with the Securities and Exchange Commission, Washington, D.C. 20549, in accordance with Rule 0-3 of the General Rules and Regulations under the Act. The information contained in or filed with the form will be made a matter of public record in the Commission files.
 
3.   A manually signed copy of the form and amendments thereto shall be filed with each national securities exchange on which any class of securities of the registrant is registered.
 
4.   Amendments to the notifications must also be filed on Form 12b-25 but need not restate information that has been correctly furnished. The form shall be clearly identified as an amended notification.
 
5.   Electronic Filers: This form shall not be used by electronic filers unable to timely file a report solely due to electronic difficulties. Filers unable to submit reports within the time period prescribed due to difficulties in electronic filing should comply with either Rule 201 or Rule 202 of Regulation S-T (§232.201 or §232.202 of this chapter) or apply for an adjustment in filing date pursuant to Rule 13(b) of Regulation S-T (§232.13(b) of this chapter).

 

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