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SECURITIES AND EXCHANGE COMMISSION
WASHINGTON , DC 20549
FORM 12B-25
Commission File Number 0-15017
NOTIFICATION OF LATE FILING
(Check One):
[ ] Form 10-K [ ] Form 11-K [ ] Form 20-F [X] 10-Q [ ] Form N-SAR
For period Ended: February 28, 1997
[ ] Transition Report on Form 10-K [ ] Transition Report on From 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: _________________________________________________________________________
Read attached instruction sheet 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.
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 BARRY'S JEWELERS, INC.
Former name if application
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Address of principal executive office
(Street and number) 111 WEST LEMON AVENUE
City, State and Zip Code MONROVIA, CALIFORNIA 91016
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 appropriate box.)
[X] (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, 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 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: The registrant's management team has been recently
replaced by a new management group that has been required to devote
substantially all of its attention to evaluating current operations, and
completing a review of the restructuring initiatives that the former management
team began earlier this year. The Company is in active negotiations with its
banks regarding certain covenants which are impacted by its restructuring and
operations. The banks are continuing to provide funds under the credit facility
during these negotiations. If the Company is unable to obtain a waiver of these
covenants, then the Company will be in non-monetary default of the revolving
credit agreement. This extension is being filed in order to await developments
in such process which could effect the disclosure to be made in the Registrant's
Form 10-Q.
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PART IV. OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to this
notification
E. Peter Healey 818 303-4741
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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 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.
BARRY'S JEWELERS, 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 April 15, 1997 By /s/ E. Peter Healey
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E. Peter Healey
Executive Vice President and Chief
Financial Officer
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. 1000).
GENERAL INSTRUCTIONS
1. This form is required by Rule 12b-25 of the General Rules and
Regulations under the Securities Exchange Act of 1934.
2. One signed original and four conformed copies of this form and
amendments thereto must be completed and filed with the Securities and Exchange
Commission, Washington, D.C. 20549, in accordance with Rule 0-3 of the General
Rules and Regulations under the Act. The information contained in or filed with
the form will be made a matter of public record in the Commission file.
3. A manually signed copy of the form and amendments thereto shall be
filed with each national securities exchange on which any class of securities of
the registrant is registered.
4. Amendments to the notifications must also be filed on Form 12b-25
but need not restate information that has been correctly furnished. The form
shall be clearly identified as an amended notification.
5. Electronic Filers. This form shall note be used by electronic filers
unable to timely file a report solely due to electronic difficulties. Filers
unable to submit a report within the time period prescribed due to difficulties
in electronic filling should comply with either Rule 201 or Rule 202 of
Regulation S-T or apply for an adjustment in filing date pursuant to Rule 13(b)
of Regulation S-T.
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Attachment to Form 12b-25
Barry's Jewelers, inc.
PART IV - OTHER INFORMATION
It is anticipated that the registrant will report net losses of
approximately $6.8 million and $19.2 million for the three and nine months ended
February 28, 1997, respectively, as compared to net income of approximately $3.2
million and $1.7 million for the three and nine months ended February 29, 1996,
respectively. The results for the periods ended February 28, 1997 are
estimated only and are therefore subject to change.
