UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-Q/A
| x | QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934. |
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For the quarterly period ended July 31, 2012 |
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| OR |
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| ¨ | TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the transition period from _______________ to ____________
Commission File Number: 000-19086
Drinks Americas Holdings, Ltd.
(Exact name of registrant as specified in its charter)
| Delaware | | 87-0438825 |
(State or other jurisdiction of incorporation or organization) | | (I.R.S. Employer Identification No.) |
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| 4101 Whiteside St. | | |
| Los Angeles, Ca. | | 90063 |
| (Address of principal executive offices) | | (Zip Code) |
(323) 266-8765
(Registrant’s telephone number, including area code)
372 Danbury Road, Suite 163, Wilton, Connecticut 06897
(Former name, former address and former fiscal year, if changed since last report)
Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes x No ¨
Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files). Yes x No ¨
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See the definitions of “large accelerated filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange Act.
¨ Large accelerated filer | ¨ Accelerated filer | ¨ Non-accelerated filer | x Smaller reporting company |
| | | (Do not check if smaller reporting company) | |
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). Yes ¨ No x
As of September 25, 2012, the number of shares outstanding of the registrant’s common stock, $0.001 par value, was 21,279,339.
EXPLANATORY NOTE - AMENDMENT
The sole purpose of this Amendment No. 1 to the Quarterly Report on Form 10-Q for the quarterly period ended July 31, 2012 of Drinks Americas Holdings, Ltd. (the “Company”) filed with the Securities and Exchange Commission on September 25, 2012 (the “Form 10-Q”) is to furnish Exhibit 101 to the Form 10-Q in accordance with Rule 405 of Regulation S-T.
No other changes have been made to the Form 10-Q. This Amendment No. 1 to the Form 10-Q speaks as of the original filing date of the Form 10-Q, does not reflect events that may have occurred subsequent to the original filing date, and does not modify or update in any way disclosures made in the original Form 10-Q.
ITEM 6. EXHIBITS
The following exhibits are filed as part of this report:
| 31.1* | Certification of Principal Executive Officer |
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| 31.2* | Certification of Principal Financial Officer |
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| 32.1* | Certification of Federico Cabo, Chief Executive Officer, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 |
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| 32.2* | Certification of Steven Dallas, Interim Chief Financial Officer, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 |
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| 101 INS** | XBRL Instance Document |
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| 101 SCH** | XBRL Taxonomy Extension Schema Document |
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| 101 CAL** | XBRL Taxonomy Extension Calculation Linkbase Document |
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| 101 DEF** | XBRL Taxonomy Extension Definition Linkbase Document |
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| 101 LAB** | XBRL Taxonomy Extension Label Linkbase Document |
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| 101 PRE** | XBRL Taxonomy Extension Presentation Linkbase Document |
* These exhibits were previously included or incorporated by reference in the Company’s Quarterly Report on Form 10-Q for the quarterly period ended July 31, 2012, filed with the Securities and Exchange Commission on September 25, 2012.
** Furnished herewith. Pursuant to Rule 406T of Regulation S-T, the interactive data files on Exhibit 101 hereto are deemed not filed or part of a registration statement or prospectus for purposes of Sections 11 or 12 of the Securities Act of 1933, as amended, and otherwise are not subject to liability under those sections.
SIGNATURES
In accordance with the requirements of the Exchange Act, the registrant caused this report to be signed on its behalf by the undersigned, in the capacities and the dates indicated,thereunto duly authorized.
| | DRINKS AMERICAS HOLDINGS, LTD. | |
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| October 15, 2012 | By: | /s/ Federico Cabo | |
| | | Federico Cabo Chief Executive Officer |
| October 15, 2012 | By: | /s/ Steven Dallas | |
| | | Steven Dallas Interim Chief Financial Officer (Principal Accounting Officer) |
