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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D. C. 20549
_________________________
Form 12b-25
Commission File Number 1-13421
NOTIFICATION OF LATE FILING
(Check One)
[X] Form 10-K [ ] Form 20-F [ ] Form 11-K [ ]Form 10-Q [ ] Form N-SAR
[ ] Form N-CSR
For Period Ended: January 3, 2004
[ ] Transition Report on Form 10-K [ ] Transition Report on Form 10-Q
[ ] Transition Report on Form 20-F [ ] Transition Report on Form N-SAR
For the Transition Period Ended:
Nothing in this report shall be construed to imply that the Commission
has verified any information contained herein.
If the notification relates to a portion of the filing checked above,
identify the item(s) to which the information relates:
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PART I
REGISTRANT INFORMATION
Full name of registrant Dan River Inc.
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Former name if applicable
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Address of principal executive office
(Street and number) 2291 Memorial Drive
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City, state and zip code Danville, Virginia 24541
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PART II
RULE 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.)
[x] (a) The reasons described below in reasonable detail in Part III
of this form could not be eliminated without unreasonable
effort or expense;
[x] (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 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.
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PART III
NARRATIVE
State below in reasonable detail the reasons why the Form 10-K, 20-F,
11-K, 10-Q, N-SAR, N-CSR, or the transition report portion thereof could
not be filed within the prescribed time period.
As previously disclosed in the Registrant's Current Report on Form 8-K
filed on March 31, 2004, Dan River Inc. filed a voluntary petition for
reorganization under Chapter 11 of the United States Bankruptcy Code in the
United States Bankruptcy Court for the Northern District of Georgia (Case
No. 04-10990). Due to the timing of the Chapter 11 filing and the
additional and critical demands that the Chapter 11 filing placed on the
time and attention of senior management of the Registrant, as well as the
significant time and attention devoted to various strategic alternatives to
the Chapter 11, the Registrant has been unable to complete all work
necessary, including the completion of its evaluation of the financial
reporting implications of the Chapter 11 filing, to timely file the
Registrant's annual report on Form 10-K for the fiscal year ended January
3, 2004 without unreasonable effort or expense.
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PART IV
OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to this
notification:
Harry L. Goodrich
Vice President 434-799-7000
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(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 the answer is no, identify the report(s).
[x] Yes [ ] No
(3) Is it anticipated that any significant change in the 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?
[x] Yes [ ] No
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.
The Registrant expects a significant change in the results of
operations for the year ended January 3, 2004 compared to the year ended
December 28, 2002. The Registrant expects a net loss of approximately $152
million on net sales of approximately $477 million for the year ended
January 3, 2004 compared to a net loss of $13 million on net sales of $613
million for the year ended December 28, 2002.
Dan River Inc.
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(Name of Registrant as Specified on Charter)
has caused this notification to be signed on its behalf by the undersigned
thereunto duly authorized.
Date: April 5, 2004 By: /s/ Barry F. Shea
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Barry F. Shea
Executive Vice President-
Chief Financial Officer