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| OMB APPROVAL |
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| UNITED STATES FORM 12b-25
NOTIFICATION OF LATE FILING |
| OMB Number: 3235-0058 |
SEC FILE NUMBER | ||||
CUSIP NUMBER |
(Check one): |
| o Form 10-K | o Form 20-F | o Form 11-K | x Form 10-Q | o Form 10-D | |
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| o Form N-SAR | o Form N-CSR |
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| For Period Ended: | October 1, 2011 | ||||
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| o Transition Report on Form 10-K |
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| o Transition Report on Form 20-F |
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| o Transition Report on Form 11-K |
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| o Transition Report on Form 10-Q |
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| o Transition Report on Form N-SAR |
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| For the Transition Period Ended: |
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Read Instructions (on back page) Before Preparing Form. Please Print or Type. |
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
Cagle’s, Inc. |
Full Name of Registrant |
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Former Name if Applicable |
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1385 Collier Rd NW |
Address of Principal Executive Office (Street and Number) |
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Atlanta, GA 30318 |
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)
| (a) | The reason described in reasonable detail in Part III of this form could not be eliminated without unreasonable effort or expense |
o | (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. |
PART III — NARRATIVE
State below in reasonable detail why Forms 10-K, 20-F, 11-K, 10-Q, 10-D, N-SAR, N-CSR, or the transition report or portion thereof, could not be filed within the prescribed time period.
Cagle’s, Inc. (the “Company”) has determined that it is unable to timely file its quarterly report, Form 10-Q, for the quarterly period ended October 1, 2011. Due to the Company’s October 19, 2011 reorganization filing under Chapter 11 of the U.S. Bankruptcy Code management has experienced a delay in completing the information necessary for disclosure and compilation of its financial statements necessary for the Form 10-Q. The Company also anticipates adjustments to its consolidated balance sheets and statements of operations. One of the adjustments the Company anticipates recording is a valuation allowance for its net deferred tax assets, up to $7.4 million, as reported on the Company’s prior 10-Q filing dated August 16, 2011. The Company is unable to ascertain the full extent of these adjustments at this time due to limited resources and complexity of the accounting and reporting issues. Before any effects of the aforementioned adjustment, the Company’s unreviewed Income (loss) before income taxes is $(9.9) million for the quarter ended October 1, 2011, compared to the Income (loss) before income taxes of $4.8 million for the quarter ended October 2, 2010. The Company anticipates filing its Form 10-Q on or before December 13, 2011.
SEC 1344 (04-09) | 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 | ||||
| Mark M. Ham IV |
| (404) |
| 355-2820 |
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(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). | ||||
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| x Yes o No |
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(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? | ||||
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| x Yes o No |
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| 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. | ||||
Please see the disclosure in Part III
Cagle’s, 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 | November 15, 2011 |
| By | /s/ Mark M. Ham IV |
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| Mark M. Ham IV |
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| Executive Vice President |
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| Chief Financial Officer |
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 |
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Intentional misstatements or omissions of fact constitute Federal Criminal Violations (See 18 U.S.C. 1001). | ||
