SECURITIES AND EXCHANGE COMMISSION | |||
FORM 12b-25 | |||
NOTIFICATION OF LATE FILING | |||
Commission File Number 0-24673 | |||
(Check one) | |||
[X] Form 10-K and Form 10-KSB [ ] Form 11-K | |||
[ ] Form 20-F [ ] Form 10-Q and Form 10-QSB [ ] Form N-SAR | |||
For period ended December 31, 2001 | |||
[ ] Transition Report on Form 10-K and Form 10-KSB | |||
[ ] Transition Report on Form 20-F | |||
[ ] Transition Report on Form 11-K | |||
[ ] Transition Report on Form 10-Q and Form 10-QSB | |||
[ ] Transition Report on Form N-SAR | |||
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 | |||
If the notification relates to a portion of the filing checked above, identify the item(s) | |||
PART I | |||
Full Name of Registrant: Metawave Communications Corporation | |||
Former Name if applicable: _____________________________________________________________ | |||
Address of principal executive office (Street and Number): 10735 Willows Road NE | |||
City, state and zip code: Redmond, Washington 98052 | |||
PART II | |||
If the subject report could not be filed without unreasonable effort or expense and the | |||
(a) The reasons described in reasonable detail in Part III of this form could not be | |||
(b) The subject annual report, semi-annual report, transition report on Form 10-K, | |||
(c) The accountant's statement or other exhibit required by Rule 12-b-25(c) has | |||
PART III | |||
State below in reasonable detail the reasons why Form 10-K, 10-KSB, 11-K, 20-F, | |||
In March 2002, Metawave Communication Corporation (the "Company") announced that in connection with the restructuring of the Company's Asian operations, certain unauthorized commitments made to customers in Asia were identified. Although the company has not determined whether these unauthorized commitments are binding, the existence of these commitments has raised issues regarding the recognition and timing of SpotLight GSM product revenue in 2001. Several class action shareholder lawsuits have been filed against the Company following the March 2002 announcement. In connection with those lawsuits, the Company is investigating these issues. The investigation of these transactions and related activities have caused a substantial delay in the Company's preparation of its Annual Report on Form 10-K and release of its final results of operations for the year ended December 31, 2001. As a result of the aforementioned events, the Company has determined that it needs an additional period of time, not to exceed the fifteenth calendar day following the prescribed due date of April 1, 2002, to prepare and file its Form 10-K. | |||
PART IV | |||
Kathryn Surace-Smith (425) 702-5600 | |||
(2) Have all other periodic reports required under Section 13 or 15(d) of the Securi- | |||
(3) Is it anticipated that any significant change in results of operations from the cor- | |||
If so: attach an explanation of the anticipated change, both narratively and quantita- | |||
Metawave Communications Corporation | |||
Has caused this notification to be signed on its behalf by the undersigned thereunto | |||
Date: April 1, 2002 | By: /s/ Kathryn Surace-Smith | ||
Instruction: The form may be signed by an executive officer of the registrant or | |||
ATTENTION | |||
Intentional misstatements or omissions of fact constitute Federal Criminal Violations |