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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 12b-25 SEC FILE NUMBER
1-11556
NOTIFICATION OF LATE FILING CUSIP NUMBER
904571 30 4
(Check One):
/X/Form 10-K / /Form 20-F / /Form 11-K / /Form 10-Q / /Form N-SAR
For Period Ended: September 30, 1997
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/ / 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:
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Read Instructions (on back page) 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:
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PART I - REGISTRANT INFORMATION
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Full Name of Registrant Uni-Marts, Inc.
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Former Name if Applicable
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Address of Principal Executive Office (Street and Number)
477 East Beaver Avenue
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City, State and Zip Code State College, PA 16801-5690
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,
/X/ | 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 the Form 10-K, 11-K, 10-Q,
N-SAR, or the transition report or portion thereof, could not be filed within
the prescribed time period. (ATTACH EXTRA SHEETS IF NEEDED)
SEE ATTACHMENT
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PART IV - OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to this
notification
J. Kirk Gallaher (814) 234-6000
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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 reports) been filed? If answer is
no, identify report(s). / X /Yes / /No
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(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
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Uni-Marts, 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 December 29, 1997 By /S/ J. KIRK GALLAHER
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J. Kirk Gallaher
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. 1001).
GENERAL INSTRUCTIONS
1. This form is required by Rule 12b-25 (17 CFR 240.12b-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 files.
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 not 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 filing 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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UNI-MARTS, INC.
SEC FILE NUMBER 1-11556
CUSIP NUMBER 904571 30 4
ATTACHMENT TO FORM 12b-25
DECEMBER 29, 1997
PART III - NARRATIVE
The Annual Report on Form 10-K for Uni-Marts, Inc. (the "Company") cannot be
filed on a timely basis on December 29, 1997 due to the Company's inability to
finalize its financial statements and footnotes thereto. This delay is the
result of the pending finalization of agreements between the Company and its
lenders and the resulting impact of those agreements on the Company's
financial position. Any financial statement or footnote changes resulting
from the agreements must then be reviewed by the Company's independent
auditors. It is expected that a complete Form 10-K will be filed within the
required period.
PART IV - QUESTION 3
The Company experienced an unaudited net loss in fiscal year 1997 of $6.0
million compared to net earnings in fiscal year 1996 of $3.0 million. This
loss is the result of many factors including lower gross profits, increased
operating expenses, loss provision related to the termination of a lease
agreement with Getty Petroleum Marketing, Inc., provision of asset impairment
and a change in the method of accounting for inventories. Net loss per share
in fiscal year 1997 was $0.91 compared to net earnings per share in fiscal
year 1996 of $0.46.
