UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 12B-25
NOTIFICATION OF LATE FILING
SEC FILE NUMBER: 000-32989
CUSIP NUMBER: 059361-10-5
(Check One): Form 10-K [ ] Form 20-F [ ] Form 11-K [ ] Form 10-Q [X]
Form N-SAR [ ]
For Period Ended: March 31, 2004
[ ] 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: ___________________
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
BAM! Entertainment, Inc.
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Full Name of Registrant
N/A
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Former Name if Applicable:
333 West Santa Clara Street, Suite 716
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Address of Principal Executive Office (Street and Number)
San Jose, California 95113
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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 reasons described 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, 11-K or Form N-SAR, or portion
thereof, will be filed on or before the fifteenth calendar day
following the prescribed due date; or the subject quarterly
report of 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, or the transition report portion thereof, could not be filed within the
prescribed time period.
The Registrant could not review and complete its Quarterly Report on Form
10-Q without incurring unreasonable effort and expense in connection with
accurately preparing and presenting all necessary disclosures. The Registrant
will file its Quarterly Report on Form 10-Q as soon as possible, and in any
event no later than the fifth calendar day following the prescribed due date for
such report.
PART IV -- OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to this
notification
Stephen Ambler (408) 298-7500
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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 [ ]
(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? Yes [X] 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 to report a Net Loss between $4.0 million and $6.5
million, equal to between $0.21 and $0.34 per share, for the three months ended
March 31, 2004, as compared to a Net Loss of $5.1 million, equal to $0.35 per
share, for the three months ended March 31, 2003, and a Net Loss between $10.8
million and $13.3 million, equal to $0.64 and $0.79 per share, for the nine
months ended March 31, 2004, as compared to a Net Loss of $27.0 million, equal
to $1.84 per share, for the nine months ended March 31, 2003.
BAM! Entertainment, 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
hereunto duly authorized.
Date: May 18, 2004 By: /s/ Stephen Ambler
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Name: Stephen Ambler
Title: Chief Financial Officer