UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 12b-25 SEC FILE NUMBER NOTIFICATION OF LATE FILING 0-17204 CUSIP NUMBER 45663L 40 3 (Check One): [ ] Form 10-K [ ] Form 11-K [X] Form 10-Q [ ] Form N-SAR For Period Ended: September 30, 2003 [ ] 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 Infinity, Inc. - --------------------------------------------------------- Full Name of Registrant 211 West 14th Street - --------------------------------------------------------- Address of Principal Executive Office (Street and Number) Chanute, Kansas 66720 - --------------------------------------------------------- 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; (b) The subject annual report, semi-annual report, transition report on Form 10-K, Form 20-F, 11-K, Form N-SAR, or portion thereof, will be [X] 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 has been attached if applicable. PART III - NARRATIVE State below in reasonable detail the reasons why the Form 10-K, 20-F, 11-K, 10-Q, N-SAR, or the transition report or portion thereof, could not be filed within the prescribed time period. Management encountered delays in making certain valuation determinations that were needed to complete the financial statements to be included in the Report on Form 10-Q. As a result the financial statements could not be completed in sufficient time to file the Report by the original due date. PART IV - OTHER INFORMATION (1) Name and telephone number of person to contact in regard to this notification. Jon D. Klugh (620) 431-6200 ------------------------ ----------- ------------------ (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 reports) been filed? If 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. [See attachment] ______________________________________________________________________________ Infinity, Inc. ------------------------------------------- (Name of Registrant as Specified in Charter) has caused this notification to be signed on its behalf by the undersigned hereunto duly authorized. Date: November 17, 2003 By: /s/ Jon D. Klugh ---------------------------------------- Jon D. Klugh, Chief Financial Officer 2 Attachment to Form 12b-25 for Infinity, Inc. Part IV, Item (3): Infinity, Inc. (Infinity) incurred a net loss after taxes of approximately $4.5 million, or $(0.55) per fully diluted share, in the quarter ended September 30, 2003 compared to a net loss after taxes of approximately $0.3 million, or $(0.06) per fully diluted share in the quarter ended September 30, 2002. The increased net loss was primarily due to the amortization of non-cash loan costs of approximately $4.2 million which were incurred. Infinity incurred a net loss of approximately $5.4 million, or $0.67 per fully diluted share, in the nine month period ended September 30, 2003 compared to a net loss after taxes of approximately $1 million, or $(0.14) per fully diluted share in the nine month period ended June 30, 2002. The increased net loss was primarily due to the amortization of non-cash loan costs of approximately $4.8 million which were incurred.