OMB APPROVAL | ||
OMB Number: 3235-0058 |
||
Expires: March 31, 2006 |
||
Estimated average burden
hours per response ... 2.50 |
||
SEC FILE NUMBER | ||
001-09235 |
||
CUSIP NUMBER | ||
(Check one): | o Form 10-K o Form 20-F o Form 11-K x Form 10-Q o Form 10-D o Form N-SAR o Form N-CSR | |||||
For Period Ended: | April 30, 2007 | |||||
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: | ||||||
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 accountants statement or other exhibit required by Rule 12b-25(c) has been attached if applicable. |
1
* | The timing of the filing of the Form 10-Q is addressed more fully in Part III of this Form 12b-25. |
2
(1) | Name and telephone number of person to contact in regard to this notification |
Walter Bennett | (937) | 596-6849 | ||
(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 o No x | ||
The Registrant has not filed its Quarterly Report on Form 10-Q for the period ended January 31, 2007. |
(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. | |||
It is estimated that the Registrants income before income taxes for the three months ended April 30, 2007 was approximately $53.96 million, as compared to approximately $76.24 million for the corresponding three months ended April 30, 2006, as restated. The Registrants net income for the three months ended April 30, 2007 is estimated to be approximately $35.57 million, as compared to approximately $48.67 million for the corresponding three months ended April 30, 2006, as restated. | |||
It is estimated that the Registrants income before income taxes for the three months ended January 31, 2007 was approximately $26.24 million, as compared to approximately $47.56 million for the corresponding three months ended January 31, 2006, as restated. The Registrants net income for the three months ended January 31, 2007 is estimated to be approximately $18.25 million, as compared to approximately $29.91 million for the corresponding three months ended January 31, 2006, as restated. | |||
The lower estimates for the second and third quarters of fiscal year 2007 result primarily from lower sales volume. | |||
The estimates noted above have not yet been subject to a SAS 100 review by the Registrants independent, registered public accounting firm and may be subject to change until the Registrant finalizes its quarterly financial statements. | |||
This report includes forward looking statements that involve uncertainties and risks. There can be no assurance that actual results will not differ from the Registrants expectations. The estimates noted above have not yet been subject to a SAS 100 review by the Registrants independent, registered public accounting firm and may be subject to change until the Registrant finalizes its quarterly financial statements. Other factors which could cause materially different results include, among others, the Registrants ability to become current in its filings with the SEC, additional issues that may arise in connection with the findings of the Audit Committees investigation and the SECs requests for additional information, fuel prices, fuel availability, interest rate increases, increased material costs, the success of new product introductions, the pace of acquisitions, cost structure improvements, competition and general economic conditions and the other risks and uncertainties discussed more fully in the Registrants Annual Report on Form 10-K/A for the year ended July 31, 2006, and in the Managements Discussion and Analysis of Financial Condition and Results of Operations section of the Registrants Form 10-Q/A for the quarter ended October 31, 2006, which are on file with the Securities and Exchange Commission and may be accessed at http://www.sec.gov. The Registrant disclaims any obligation to update or correct any forward-looking statements made herein due to the occurrence of events after the issuance of this report, except as required under the federal securities laws. |
3
Date:
|
June 12, 2007 | By: | /s/ Walter Bennett | |||
Name: | Walter Bennett | |||||
Title: | Executive Vice President |
4