MONRO MUFFLER BRAKE INC
NT 10-Q, 1998-08-18
AUTOMOTIVE REPAIR, SERVICES & PARKING
Previous: AGRIBIOTECH INC, 424B3, 1998-08-18
Next: MONRO MUFFLER BRAKE INC, 10-Q, 1998-08-18



<PAGE>   1
                                UNITED STATES                    SEC File Number
                      SECURITIES AND EXCHANGE COMMISSION            000-19357   
                            Washington, D.C. 20549
                                                                   Cusip Number
                                 FORM 12b-25                        610236101  

                          NOTIFICATION OF LATE FILING

(Check One) __ Form 10-K  __ Form 20-F __ Form 11-K  _X_ Form 10-Q __ Form N-SAR

                 For Period Ended: June 30, 1998  
                 [  ]     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:   
                                                  ---------------------------

 READ ATTACHED INSTRUCTION SHEET BEFORE PREPARING FORM.  PLEASE PRINT OR TYPE

   Nothing in the 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

Monro Muffler Brake, Inc. 
- --------------------------------------------------------------------------------
Former Name if Applicable


- --------------------------------------------------------------------------------
Address of Principal Executive Office (STREET AND NUMBER)

200 Holleder Parkway, Rochester, N.Y. 14615
- --------------------------------------------------------------------------------
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 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 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, 20-F, 11-K,
10-Q, N-SAR, or the transition report or portion thereof, could not be filed
with the prescribed time period. 


         On April 13, 1998, the Registrant entered into a definitive asset
purchase agreement (the "Agreement") with Speedy Muffler King, Inc. and certain
of its affiliates for the purchase of certain assets relating to the U.S.
business of such affiliates (the "Transaction"). Such Agreement was filed as an
exhibit to Form 8-K, filed on April 28, 1998.

         Over the course of the past several months, and in the past several
weeks, in particular, key personnel of the Registrant, who are historically and
primarily responsible for the preparation of the Registrant's filings under the
Securities Exchange Act of 1934, as amended, and financial statements, have
been engaged in the task facilitating the integration of the acquired assets
into the Registrant, as well as securing financing for the Transaction.

         These tasks related to closing the Transaction, which will increase
the store base of the Registrant by over 50%, and assuring smooth operations
after such closing, have put a strain on the resources of the Registrant, and
rendered the Registrant unable to timely prepare and file its quarterly report
on Form 10-Q for the quarter ended June 30, 1998 (the "Form 10-Q"). The
Registrant plans and expects to file its Form 10-Q before the fifth calendar
day following the prescribed due date.

<PAGE>   2
PART IV - OTHER INFORMATION

(1)      Name and telephone number of person to contact in regard to this
         notification

         /s/ Catherine D'Amico                (716) 647-6400 x335
         --------------------------     ------------------------------------
                  (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?    [ ] 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:

- --------------------------------------------------------------------------------

                           Monro Muffler Brake, 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      8/18/98                    By /s/ Catherine D'Amico         
    -------------------------          -----------------------------------------
                                     Name: Catherine D'Amico
                                     Title: 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
persons 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 INSTRUCTION

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 amendment 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 (Section 232.201 or Section 232.202
         of this chapter) or apply for an adjustment in filing date pursuant to
         Rule 13(b) of Regulation S-T (Section 232.12(c) of this chapter).


© 2022 IncJournal is not affiliated with or endorsed by the U.S. Securities and Exchange Commission