SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
Commission File Number 33-46104-FW
NOTIFICATION OF LATE FILING
(Check One): x Form 10-K __Form 11-K __Form 20-F __ Form 10-Q
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__ Form N-SAR
For Period Ended: September 30, 1997
__ Transition Report on Form 10-K __ Transition Report on Form 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:
Item 6. Selected Financial Data
Item 7. Management's Discussion and Analysis of Financial Condition and
Results of Operations
Item 8. Financial Statements and Supplementary Data
Item 14(a)(1)(2) Financial Statements and Financial Statement Schedules
PART I
REGISTRANT INFORMATION
Full name of registrant: THERMOENERGY CORPORATION
Former name if applicable: INNOTEK CORPORATION
Address of principal executive office (Street and number): 323 Center Street,
Suite 1300
City, state and zip code: Little Rock, Arkansas 72201
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PART II
RULE 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;
[ x] (b) The subject annual report, semi-annual report,
transition report on Form 10-K, 20-F, 11-K or Form N-SAR, or
portion thereof will be filed on or before the 15th 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. (Attach extra sheets if needed).
Due to the lack of funds available to the Registrant and the Registrant's
inability to obtain financing, the Registrant is unable to engage its
independent auditors to perform the audit of its financial statements for the
year ended September 30, 1997 and, therefore, the Registrant is neither able to
prepare nor to provide the financial information required to be filed as
part of its Annual Report on Form 10-K, including audited financial statements.
In addition, since there are unpaid balances outstanding for the prior year's
audit and for other professional services, there may exist a question of
independence should the Registrant obtain the funds necessary to engage its
independent auditors. The Registrant is seeking the funds necessary to pay the
outstanding balances, which should remove the question of independence, and
allow the independent auditors to begin the audit. However, no assurance can be
given that the Registrant will be able to obtain financing necessary to engage
its independent auditors and the Registrant does not reasonably believe that it
will be able to file the necessary financial information within the time period
prescribed by Rule 12b-25.
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PART IV
OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to this
information:
Gary Barket (501) 376-6477
(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?
__ 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.
THERMOENERGY CORPORATION
(Name of Registrant as Specified in Charter)
Has caused this notification to be signed on its behalf by the undersigned
thereunto duly authorized.
Date: December 23, 1997 By:/s/ P. L. Montesi
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P.L. Montesi, President
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 representatives's authority
to sign on behalf of the registrant shall be filed with the form.
ATTENTION
Intention misstatements or omissions of fact constitute Federal Criminal
Violations (See 18 U.S.C. 1001).
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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 amendment notification.
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