If TGLO was NOT intending to file their 10-Q within the 5 (calendar) days grace period, they would NOT have checked the box in Part II of their FORM 12b-25. They WILL file today and have up to 5:30pm to file.
Form 12b-25 Questions:
What about the representation that the filing will be made within the deadline? If the company is not likely to file its 10-Q within 5 calendar days. Should it still file a Form 12b-25?
Yes – a company should file a Form 12b-25 regardless of whether it expects to file the report within the extension period. See C&DI 107.01. In this case, the company would not check the boxes in Part II of Form 12b-25, which contains a representation that the report will be filed on or before the fifth or 15th calendar day following the due date. These can be tricky situations to sort out in real time (for example, different people involved may have different views as to whether the filing really can be made on time). If you happen to face these issues, let’s talk.
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