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03/31/11 12:34 PM

#98114 RE: callthebank #98112

Late for a Very Important Date--Consequences of Late SEC Filings and the Application of Rule 12b-25

[...]
What else should Alice be aware of in connection with the late filing?

There are several other topics that a company should keep in mind in connection with a late filing. These include:

- the effect on sales of securities under Rule 144 and Form S-8;

- reporting covenants in its credit agreements or bond indentures (see our Client Alert “Indenture Reporting Covenants and Section 314(a) of the Trust Indenture Act” for a discussion of the intersection of late periodic filings,

- reporting covenants and the Trust Indenture Act); and

-if the company is listed, NYSE or NASDAQ rules about late filings and the potential for delisting (see NYSE Rule 802.01E, NASDAQ Rule 5250(c)).

http://www.wowlw.com/shelf-registration/late-for-a-very-important-date--consequences-of-late-sec-filings-and-the-application-of-rule-12b-25/