SOLO SERVE CORP
NT 10-K, 1997-05-05
VARIETY STORES
Previous: FNAL VARIABLE ACCOUNT, 497, 1997-05-05
Next: ALLIANCE ENTERTAINMENT CORP, 4, 1997-05-05



<PAGE>   1
                                                         

                       SECURITIES AND EXCHANGE COMMISSION
                             Washington, D.C. 20549

                                   FORM 12b-25

                           NOTIFICATION OF LATE FILING

                                   (Check One)

[X] Form 10-K [ ] Form 10-KSB [ ] Form 20-F [ ] Form 11-K [ ] Form 10-Q 
[ ] Form N-SAR

         For Period Ended: February 1, 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:__________________________

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

      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:

         Solo Serve Corporation

Address of Principal Executive Office (Street and Number):

         1610 Cornerway Boulevard

City, State and Zip Code:

         San Antonio, Texas 78219
- -------------------------------------------------------------------------------
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).

[ 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 or 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,  10-KSB,  20-F, 
11-K,  10-Q,  N-SAR, or the transition report or portion thereof could not be 
filed within the prescribed period.  (Attach Extra Sheets if Needed)

         The Company is not able to file its Annual Report on Form 10-K for the
period ended February 1, 1997 (the "Annual Report") within the time period
prescribed for such report without unreasonable effort or expense. The Company
has been unable to timely conclude its compilation and review of the Annual
Report in light of reduced management resources and recent operational matters
that have required substantial management time and attention. The Company will
file the Annual Report within the time prescribed by Rule 12b-25.


<PAGE>   2

- -------------------------------------------------------------------------------
Part IV - Other Information
- -------------------------------------------------------------------------------

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

         Ross E. Bacon, Chief Financial Officer (210) 662-6262

(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.

         The net loss for fiscal 1996 is estimated to be approximately $5.5
million, compared to $4.8 million in fiscal 1995. The $5.5 million net loss for
fiscal 1996 includes interest expense of approximately $1.6 million. The
estimated operating loss for fiscal 1996 is $3.9 million, including a
non-recurring charge ($464 thousand) related to employee benefit claims and a
write down of property and equipment ($560 thousand) related to the anticipated
closing of three stores. The operating loss for fiscal 1995 was $6.1 million.



                             SOLO SERVE 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: May 5, 1997               By: /s/ Ross E. Bacon
      -----------                  ----------------------------------------
                                    Ross E. Bacon, Executive Vice President
                                    and Chief Operating and Financial Officer,
                                    Treasurer and Secretary

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 this 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-125 (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 the 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.





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