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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 12b-25
NOTIFICATION OF LATE FILING
(Check one):
[x] Form 10-K [ ] Form 20-F [ ] Form 11-K [ ] Form 10-Q [ ] Form N-SAR
For Period Ended: December 31, 1997
[ ] 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:____________________________________
Commission File Number: 1-11707
Nothing in this form shall be construed to imply that the Commission has
verified any information contain herein.
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
DESIGNER HOLDINGS LTD.
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Full Name of Registrant
Not applicable
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Former Name if Applicable
1385 Broadway
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Address of Principal Executive Office (Street and Number)
New York, NY 10018
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City, State and Zip Code
PART II - RULES 12-b - 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 in reasonable detail in Part III of this
form could not be eliminated without reasonable effort or
expense;
(b) The subject annual report, semi-annual report, transition
report for Form 10-K, Form 20-F, 11-K, 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 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 is applicable.
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PART III - NARRATIVE
Designer Holdings Ltd., a Delaware corporation ("Designer Holdings"), and
Designer Finance Trust, a Delaware statutory business trust (the "Trust"),
have requested by letter dated March 30, 1998 (the "no-action request") to
the Office of Chief Counsel, Division of Corporation Finance (the
"Division"), Securities and Exchange Commission (the "Commission"), an order,
pursuant to Section 12(h) of the Securities Exchange Act of 1934, as amended
(the "Exchange Act"), exempting Designer Holdings and the Trust from the
periodic reporting requirements of the Exchange Act and the rules and
regulations of the Commission thereunder or, in the alternative, confirmation
from the staff of the Division (the "Staff"), that the Division will raise
no objection and will not recommend enforcement action to the Commission if
Designer Holdings and the Trust do not comply, as separate registrants, with
such periodic reporting requirements. On March 31, 1998, The Warnaco Group,
Inc., the parent company of Designer Holdings, was advised by outside counsel
that, while the Staff had confirmed orally its agreement with the no-action
request, a formal written response would not be available prior to the
prescribed filing date for Designer Holdings' annual report on Form 10-K (the
"Form 10-K") for the year ended December 31, 1997, but should be available
prior to the fifteenth calendar day following such prescribed filing date
(the "extended filing date"). Accordingly, if the Staff does not provide
such written response prior to the extended filing date, Designer Holdings
will file the Form 10-K on such date.
PART IV - OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to
this notification.
Stanley P. Silverstein 212-370-8455
Vice President
DESIGNER HOLDINGS LTD.
(2) Have all other periodic reports required under Section 13 or
15(d) of the Securities and 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 registration was
required to file such reports been filed?
If answer if 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 [ ] 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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DESIGNER HOLDINGS LTD.
has caused this notification to be signed on its behalf by the undersigned
hereunto duly authorized.
Date: April 1, 1998 By: /s/ Stanley P. Silverstein
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Stanley P. Silverstein
Vice President
DESIGNER HOLDINGS LTD.
INSTRUCTION: The form may be signed by an executive officer of the registrant
or by any other duly authorized representative. The name and title of the
person signing the form shall be typed or printed beneath the signature. If
the statement is signed on behalf of the registrant by an authorized
representative (other than an executive officer), evidence of the
representative's authority to sign on behalf of the registrant shall be filed
with the form.
ATTENTION
Intentional misstatements or omissions of fact constitute Federal Criminal
Violations (See 18 U.S.C. 1001).
