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SEC FILE NUMBER | ||
333-99455 | ||
CUSIP NUMBER | ||
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
(Check one): | o Form 10-K o Form 20-F o Form 11-K þ Form 10-Q o Form 10-D o Form N-SAR o Form N-CSR | |||||
For Period Ended: | March 31, 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: | ||||||
401 Congress Avenue, Suite 1540
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(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 accountant’s statement or other exhibit required by Rule 12b-25(c) has been attached if applicable. |
As described in more detail in the Registrant’s current report on Form 8-K, as filed with the Securities and Exchange Commission on May 16, 2007, during the Registrant’s preparation of its audited consolidated financial statements for the fiscal year ended December 31, 2006, the Registrant’s management, in conjunction with BDO Patel and Al Saleh (“BDO Patel”), the Registrant’s current independent registered public accounting firm, determined that certain errors existed in the Registrant’s previously issued audited consolidated financial statements for the fiscal year ended December 31, 2005. Discovery of these errors lead Registrant’s management, in consultation with the Registrant’s audit committee, BDO Patel, and Beckstead and Watts (the Company’s former independent registered public accounting firm), to restate the Registrant’s consolidated financial statements for the fiscal year ended December 31, 2005, as presented in the Registrants annual report on Form 10-KSB for the fiscal year ended December 31, 2006. The filing of the Registrant’s annual report on Form 10-KSB was delayed until May 15, 2007, as Registrant’s management determined the necessity, scope, and accuracy of the restatement.
Due to the delay in finalizing the audited consolidated financials statements for the fiscal year ended December 31, 2006, the Registrant could not without unreasonable effort or expense file its Quarterly Report on Form 10-QSB within the time period prescribed. The Company is working diligently to finalize the Quarterly Report and anticipates filing within the extended filing period, pursuant to Rule 12b-25.
SEC 1344 (03-05) | Persons who are to respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. |
PART IV — OTHER INFORMATION
(1) | Name and telephone number of person to contact in regard to this notification |
Jason Brenkert | 303 | 352-1133 | ||
(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 þ No o | ||
(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 o No þ | ||
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. |
Date | May 16, 2007 | By | /s/ Michael Noonan | |||
Vice President |
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