UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 12b-25
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SEC FILE NUMBER
001-13125
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NOTIFICATION OF LATE FILING
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CUSIP NUMBER
30224P 10 1
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(Check one): [ ] Form 10-K [ ] Form 20-F [ ] Form 11-K [X] Form 10-Q
[ ] Form N-SAR [ ] Form N-CSR
For Period Ended: March 31, 2004
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[ ] Transition Report on Form 10-K
[ ] Transition Report on Form 20-F
[ ] Transition Report on Form 11-K
[ ] Transition Report on Form 10-Q
[ ] Transition Report on Form N-SAR
For the Transition Period Ended: ____________________________
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Read Instruction (on back page) Before Preparing Form. Please Print or Type.
Nothing in this form shall be construed to imply that the Commission has
verified any information contained herein.
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If the notification relates to a portion of the filing checked above, identify
the Item(s) to which the notification relates:
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PART I -- REGISTRANT INFORMATION
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Full Name of Registrant: Extended Stay America, Inc.
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Former Name if Applicable: N/A
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Address of Principal Executive Office (Street and Number): 100 Dunbar Street
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City, State and Zip Code: Spartanburg, South Carolina 29306
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 reasons 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
[X] 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.
PART III -- NARRATIVE
State below in reasonable detail the reasons why Forms 10-K, 20-F, 11-K, 10-Q,
N-SAR, N-CSR, or the transition report or portion thereof, could not be filed
within the prescribed time period.
The Company anticipates consummating the merger contemplated under the Agreement
and Plan of Merger dated as of March 5, 2005 among the Company, BHAC Capital IV,
L.L.C., and BHAC Acquisition IV, Inc. on or around Tuesday, May 11, 2004.
Following consummation of the merger, the Company will withdraw from listing on
the New York Stock Exchange and from registration under the Securities Exchange
Act of 1934, as amended (the "Exchange Act"), its shares of
common stock and will thereafter cease to be subject to the reporting
requirements under Section 13(a) of the Exchange Act and the rules and
regulations promulgated thereunder. Because of actions taken by the Company in
anticipation of consummating the merger, the Company was not reasonably able to
timely prepare and file the Quarterly Report on Form 10-Q for the quarterly
period ended March 31, 2004.
PART IV -- OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to this
notification
James A. Ovenden (864) 573-1600
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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
answer is no, identify report(s).
Yes [X] No [ ]
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(3) It is 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 [ ] No [X]
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.
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Extended Stay America, Inc. has caused this notification to be signed on its
behalf by the undersigned hereunto duly authorized.
Date: May 10, 2004 By: /s/ James A. Ovenden
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Name: James A. Ovenden
Title: Chief Financial Officer