UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 12b-25
Commission File Number 000-21673
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NOTIFICATION OF LATE FILING
(Check One): [ ] Form 10-K [ ] Form 11-K [ ] Form 20-F [X] Form 10-Q
[ ] Form N-SAR
For Period Ended: March 31, 2002
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[ ] Transition Report on Form 10-K
[ ] Transition Report on Form 10-Q
[ ] Transition Report on Form 20-F
[ ] Transition Report on Form N-SAR
[ ] Transition Report on Form 11-K
For the Transition Period Ended: ____________________________________
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Read attached instruction sheet before preparing form. Please print or type.
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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: ____________________________
PART I
REGISTRANT INFORMATION
Full name of registrant Agility Capital, Inc.
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Former name if applicable
__________________________________________________________________________
Address of principal executive office (Street and number)
1512 West 35th Street Cut-Off, Suite 310
City, state and zip code Austin, Texas 78731
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.)
(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, 20-F, 11-K or Form N-SAR, or portion
thereof will be filed on or before the 15th calendar day
[X] 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 Form 10-K, 11-K, 20-F, 10-Q,
N-SAR or the transition report portion thereof could not be filed within the
prescribed time period (Attach extra sheets if needed.)
Agility Capital, Inc. (the "Company") hereby informs the Securities and
Exchange Commission that the Company will be unable to file its Quarterly Report
on Form 10-Q for the period ended March 31, 2002, within the time period
prescribed for such filing without unreasonable effort and expense. The Company
requires an extension because the Company requires additional time to evaluate
their investments in Modelwire, Inc. to determine if those investments are
impaired. Furthermore, increased investments in Modelwire, Inc. have depleted
the Company's cash reserves and therefore management is assessing this effect
on its liquidity.
PART IV
OTHER INFORMATION
(1) Name and telephone number of person to contact in
regard to this notification
William O. Winsauer (512) 472-3600
(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 report(s).
[X] Yes [ ] No
(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.
[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.
If the impairment review referenced above results in a significant
impairment to the Company's investments in Modelwire, Inc., then the Company's
results of operations will reflect such impairment.
Agility Capital, Inc
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(Name of Registrant as Specified in Charter)
Has caused this notification to be signed on its behalf by the undersigned
thereunto duly authorized.
Date May 15, 2002 By /s/ William O. Winsauer
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William O. Winsauer
Chairman of the Board and
Chief Executive Officer