UNITED STATES
SECURITIES AND EXCHANGE COMMISSION OMB APPROVAL
WASHINGTON, D.C. 20549 OMB NUMBER: 3235-0058
EXPIRES: JUNE 30, 1994
FORM 12B-25 ESTIMATED AVERAGE BURDEN
HOURS PER RESPONSE...2.50
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: March 31, 1997 SEC FILE NUMBER
Transition Report on Form 10-K [ ] 33-76200
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 Instruction (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.
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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
ERD Waste Corp.
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Full Name of Registrant
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Former Name if Applicable
937 East Hazelwood Avenue
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Address of Principal Executive Office (Street and Number)
Rahway, New Jersey 07065
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City, State and Zip Code
PART II -- RULES 12B-25(B) AND (C)
If the subject report could not be filed without reasonable 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 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 Forms 10-K, 11-K, 10-Q, N-SAR,
or the transition report or portion thereof, could not be filed within the
prescribed time period.
See Attachment I
(ATTACH EXTRA SHEETS IF NEEDED)
SEC 1344 (6/93
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PART IV -- OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to this
notification
Kenneth Weiner (908) 381-9229
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(Name) (Area Code) (Telephone Number)
(2) Have all other period 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
See Attachment II
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.
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ERD Waste Corp.
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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 5/15/97 By /s/ Kenneth Weiner
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Kenneth Weiner, 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
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INTENTIONAL MISSTATEMENTS OR OMISSIONS OF FACT CONSTITUTE FEDERAL CRIMINAL
VIOLATIONS (SEE 18 U.S.C. 1001).
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<PAGE>
ATTACHMENT I
Due to the recent departure of personnel in the Company's internal
accounting department who have not yet been replaced, the Company is not yet
able to present its financial information without unreasonable effort and
expense. The Company's 10-QSB for the quarter ended March 31, 1997 will be filed
no later than May 20, 1997.
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ATTACHMENT II
The Company changed its fiscal year ending date from January 31 to September 30,
effective September 30, 1996. Therefore, there is no corresponding quarter
ending March 31 for the previous year. The Company is in the process of
preparing financial information for comparative purposes. Additionally, the
10QSB will reflect a major acquisition completed in May 1996.
As a result of the acquisition, the Company anticipates that the financial
statements will reflect an increase of approximately $5,000,000 in revenues for
the quarter ended March 31, 1997 as compared to March 31, 1996, while increases
in costs and decreases in gross margin are anticipated to result in a decrease
of net income from continuing operations of approximately $700,000 for the same
comparative period.
