-----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, CMgWB6qAUv+44COds97UuNVvUND1kbZJxpAnGi4WgEVczO3HeoyBhtwCArrIZYdD +AJapKYXgmRSdKsPZ4rlTQ== 0001193125-08-117526.txt : 20080516 0001193125-08-117526.hdr.sgml : 20080516 20080516171833 ACCESSION NUMBER: 0001193125-08-117526 CONFORMED SUBMISSION TYPE: NT 10-Q PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20080331 FILED AS OF DATE: 20080516 DATE AS OF CHANGE: 20080516 EFFECTIVENESS DATE: 20080516 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Wise Metals Group LLC CENTRAL INDEX KEY: 0001297014 STANDARD INDUSTRIAL CLASSIFICATION: ROLLING DRAWING & EXTRUDING OF NONFERROUS METALS [3350] IRS NUMBER: 522160047 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: NT 10-Q SEC ACT: 1934 Act SEC FILE NUMBER: 333-117622 FILM NUMBER: 08843251 BUSINESS ADDRESS: STREET 1: 857 ELKRIDGE LANDING RD STREET 2: SUITE 600 CITY: LINTHICUM STATE: MD ZIP: 21090 BUSINESS PHONE: 410-636-6500 MAIL ADDRESS: STREET 1: 857 ELKRIDGE LANDING RD STREET 2: SUITE 600 CITY: LINTHICUM STATE: MD ZIP: 21090 NT 10-Q 1 dnt10q.htm NOTIFICATION OF LATE FILING Notification of Late Filing
 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

FORM 12b-25

 

NOTIFICATION OF LATE FILING

  OMB APPROVAL
   

OMB Number: 3235-0058

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SEC FILE NUMBER

     

   
   

CUSIP NUMBER

     

 

(Check one):    

 

¨  Form 10-K     ¨  Form 20-F     ¨  Form 11-K     x  Form 10-Q

¨  Form 10-D     ¨  Form N-SAR     ¨  Form N-CSR

  For Period Ended: March 31, 2008
  ¨  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 Instructions (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

 

Wise Metals Group LLC
Full Name of Registrant
 
Former Name if Applicable
857 Elkridge Road, Suite 600
Address of Principal Executive Office (Street and Number)
Linthicum, Maryland 21090
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)

 

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 the reasons 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.

Wise Metals Group LLC (the “Company”) is unable to file its Quarterly Report on Form 10-Q for the three months ended March 31, 2008 by May 15, 2008. Because the Company has recently devoted substantial time and effort to the preparation of its Annual Report on Form 10-K for the year ended December 31, 2007 (as filed on May 7, 2008) and to other corporate activities, the Company does not have adequate time to complete the preparation of its consolidated financial statements for the three months ended March 31, 2008 by the filing deadline of May 15, 2008 without unreasonable effort or expense. The Company will file its Form 10-Q as soon as practicable and currently anticipates that such Form 10-Q will be filed on or prior to May 20, 2008.

As previously discussed in the Company’s Annual Report on Form 10-K for the year ended December 31, 2007, the Company identified a material weakness in its internal control over financial reporting because the Company has not maintained sufficient staff with appropriate training in US GAAP and SEC financial rules and regulations. A material weakness is a deficiency, or a combination of deficiencies, in internal control over financial reporting, such that there is a reasonable possibility that a material misstatement of the Company’s annual or interim financial statements will not be prevented or detected on a timely basis. Despite making progress during the three months ended March 31, 2008, the Company’s remedial actions are ongoing and not yet complete. Therefore, this material weakness identified has not been remediated as of March 31, 2008.

As the Company finalizes its preparation of the consolidated financial statements for the three months ended March 31, 2008, additional material weaknesses may be identified.

 

SEC 1344 (03-05)   Persons who are to respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number.

(Attach extra Sheets if Needed)

 

 

 

PART IV — OTHER INFORMATION

 

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

 

Kenneth Stastny      (410)    636-6500
(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).     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.

The Registrant’s current estimate, which is subject to change, for the three months ended March 31, 2008, is sales increased by 25 percent to $315.7 million for the quarter ended March 31, 2008, compared to $252.5 for the same period in 2007.

The Registrant’s current estimate, which is subject to change, for the three months ended March 31, 2008, is including a $4.2 million unfavorable impact for FAS 133 (Accounting for Derivative Instruments and Hedging Activities) and a $7.5 million unfavorable LIFO adjustment, net loss for the first quarter of 2008 was $8.3 million. This compares to a net income of $3.6 million in the first quarter of 2007, which includes an $11.0 million favorable impact for FAS 133.

 

 

 

 

 

Wise Metals Group LLC
(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 16, 2008    By     /s/ Kenneth Stastny
         Chief Financial Officer

 

    ATTENTION     
       

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

 

 

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