NT 10-Q 1 dnt10q.htm NOTIFICATION OF LATE FILING Notification Of Late Filing

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

 

FORM 12b-25

 

Commission File Number 0-16986

 

 

NOTIFICATION OF LATE FILING

 

(Check one):    (    ) Form 10-K    (    ) Form 11-K   

(    ) Form 20-F

     (X) Form 10-Q    (    ) Form N-SAR     
                
                
    

For period ended:


  

June 27, 2004


    

 

(    ) 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:

 

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

 

Full name of registrant:        ACCLAIM ENTERTAINMENT, INC

 

Former name if applicable:

 

Address of principal executive office (Street and Number):        One Acclaim Plaza

 

City, State and Zip Code:        Glen Cove, NY 11542


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 where appropriate.)

 

(X) (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 or Form N-SAR, or portion thereof will be filed on or before the 15th 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 Form 10-K, 11-K, 20-F, 10-Q, N-SAR or the transition report portion thereof could not be filed within the prescribed time period. (Attach extra sheets if needed.)

 

The registrant requires additional time to complete the disclosures associated with various events subsequent to June 27, 2004 associated with the extension of the registrant’s credit facility with its primary lender, GMAC Commercial Finance LLC while the registrant continues discussions with a proposed new lender. The delay in obtaining a new credit facility has prevented the registrant from compiling the information required for KPMG LLP, the registrant’s auditors, to complete their review of the registrant’s quarterly financial statements for the fiscal quarter ended June 27, 2004.

 

 

PART IV

 

OTHER INFORMATION

 

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

 

Gerard F. Agoglia   516   656-5000

(Name)   (Area Code)   (Telephone Number)


(2) Have all other periodic reports required under Section 13 or 15(d) or 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).

 

(    ) Yes                    (X) 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 expects to report net earnings in the range of approximately $1.0 – $4.0 million for the first quarter ended June 27, 2004 which includes $6.6 million in gains associated with the change in the fair value of derivative instruments related to the 16% and 9% notes, as compared to a net loss of $18.0 million for the first quarter ended June 29, 2003.

 

 

ACCLAIM ENTERTAINMENT, 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: August 9, 2004       By:  

/s/    Gerard F. Agoglia        


            Name:   Gerard F. Agoglia
            Title:   Executive Vice President and Chief Financial Officer