NT 10-Q 1 j7737_nt10q.htm NT 10-Q

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

ý Form 10-Q

o Form N-SAR

 

 

For Period Ended:

December 31, 2002

 

 

 

 

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 Transaction 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

Todhunter International, Inc.

Full Name of Registrant

 

 

Former Name if Applicable

 

222 Lakeview Avenue, Suite 1500

Address of Principal Executive Office (Street and Number)

 

West Palm Beach, FL 33401

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)

ý

(a)

The reasons described in reasonable detail in Part III of this form could not be eliminated without unreasonable effort or expense;

ý

(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 the prescribed due date; or the subject quarterly report of 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

o

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

 

The registrant has not completed the preparation of its unaudited financial statements for its Form 10-Q for the quarter ended December 31, 2002.  The registrant intends to file its Form 10-Q within the 5 calendar day extension provided by Rule 12b-25.

 

PART IV - OTHER INFORMATION

(1)

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

 

 

Jay S. Maltby

 

(561)

 

655-8977

 

(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).

ý Yes

o 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?

ý Yes

o 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.

 

 

Net sales for fiscal 2003 first quarter were $20,964,479 compared with $23,853,779 reported for fiscal 2002’s first quarter. Gross profit was $5,584,238 compared to $7,556,089 in the same period last year and first-quarter net loss was $1,492,456, or $0.27 per diluted share, compared with net income of $1,490,123, or $0.27 per diluted share, one year ago.
 
Net sales, gross profit and operating income for the quarter were significantly affected by decreased volume in Todhunter’s bottling operations resulting from the decision of a large bottling customer to shift production from Todhunter to its own bottling facilities. At the present time, management fully expects to replace substantially all of the decreased volume with business from new and existing customers.
 
In addition, due to the retirement of A. Kenneth Pincourt, Jr., Todhunter’s former Chairman and Chief Executive Officer, Todhunter recorded a one-time charge of approximately $1.5 million before income taxes during the first quarter of fiscal 2003.
 

 

 

 

Todhunter International, 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

February 18, 2003

 

By

/s/ Jay S. Maltby

 

 

 

 

Jay S. Maltby,

Chairman, Chief Executive Officer and

President

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 18 U.S.C. 1001).