-----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, Btsu2dKqdKaDAUtVKOEn19HOMnZ4AbsK7i9aL7lH8ONSLGY9u8w2TxZsTrBuTNRt n036zX90K4/Xd8bFkLPlqQ== 0000889429-99-000008.txt : 19990330 0000889429-99-000008.hdr.sgml : 19990330 ACCESSION NUMBER: 0000889429-99-000008 CONFORMED SUBMISSION TYPE: NT 10-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19981227 FILED AS OF DATE: 19990329 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PARAGON TRADE BRANDS INC CENTRAL INDEX KEY: 0000889429 STANDARD INDUSTRIAL CLASSIFICATION: CONVERTED PAPER & PAPERBOARD PRODS (NO CONTAINERS/BOXES) [2670] IRS NUMBER: 911554663 STATE OF INCORPORATION: DE FISCAL YEAR END: 1230 FILING VALUES: FORM TYPE: NT 10-K SEC ACT: SEC FILE NUMBER: 001-11368 FILM NUMBER: 99576182 BUSINESS ADDRESS: STREET 1: 180 TECHNOLOGY PARLWAY CITY: NORCROSS STATE: GA ZIP: 30092 BUSINESS PHONE: 6789695000 MAIL ADDRESS: STREET 1: 180 TECHNOLOGY PKWY CITY: NORCROSS STATE: GA ZIP: 30092 NT 10-K 1 FORM 12B-25 NOTIFICATION OF LATE FILING WASHINGTON, DC 20549 FORM 12B-25 Commission File Number 001-11368 NOTIFICATION OF LATE FILING (Check One): [X] Form 10-K [ ] Form 11-K [ ] Form 20-F [ ] Form 10-Q [ ] Form N-SAR For Period Ended: DECEMBER 27, 1998 [ ] Transition Report on Form 10-K [ ] Transition Report on Form 10-Q [ ] Transition Report on Form 20-F [ ] Transition Report on Form N-SAR [ ] Transition Report on Form 11-K 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 Full name of registrant: PARAGON TRADE BRANDS, INC. Former name if applicable Address of principal executive office (STREET AND NUMBER) 180 TECHNOLOGY PARKWAY City, State and Zip Code NORCROSS, GEORGIA 30092 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 appropriate box.) [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 12(b)-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.) Due to the conversion of its operating and accounting systems beginning in November 1998, the closing of Registrant's books for the fiscal year ended December 27, 1998 has been delayed, which has resulted in the Registrant's inability to complete its financial statements in time to file the Report on Form 10-K on March 29, 1999. PART IV. OTHER INFORMATION (1) Name and telephone number of person to contact in regard to this notification ALAN J. CYRON (678) 969-5200 (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? [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. PARAGON TRADE 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. Date: MARCH 29, 1999 By: /S/ ALAN J. CYRON --------------- ------------------------------------ Title: Alan J. Cyron Name: Chief Financial Officer -2- ATTACHMENT TO FORM 12b-25 Results of Operations for the Registrant's 1997 fiscal year reflected a reserve of $200 million taken by the Registrant in connection with an adverse patent judgment issued in the Federal District Court for the District of Delaware on December 30, 1997 (the "Delaware Judgment") in favor of The Procter & Gamble Company ("P&G"). Results of Operations for the Registrant's 1998 fiscal year are expected to reflect an additional reserve of $78.5 million related to the settlement of both of P&G's and Kimberly-Clark Corporation's ("K-C") claims in the Registrant's Chapter 11 case in the United States Bankruptcy Court for the Northern District of Georgia, Atlanta Division. The P&G settlement, which includes a settlement of P&G's claims related to the Delaware Judgment, was disclosed by the Registrant in a Form 8-K dated February 5, 1999 and the K-C settlement was disclosed by the Registrant in a Form 8-K dated March 26, 1999. -3- -----END PRIVACY-ENHANCED MESSAGE-----