NATIONAL BEVERAGE CORP

Regulatory Filings • Dec 15, 2004

NT 10-Q 1 g92369ntnt10vq.htm NATIONAL BEVERAGE CORP National Beverage Corp PAGEBREAK

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 12b-25 NOTIFICATION OF LATE FILING _____ OMB APPROVAL ____ OMB Number 3235-0058 Expires: March 31, 2006 Estimated average burden hours per response .. 2.50 ___ SEC FILE NUMBER ______ CUSIP NUMBER

( Check One ): o Form 10-K o Form 20-F o Form 11-K x Form 10-Q o Form N-SAR o Form N-CSR

| For Period Ended: October 30,
2004 |
| --- |
| o Transition
Report on Form 10-K |
| o Transition
Report on Form 20-F |
| o Transition
Report on Form 11-K |
| o Transition
Report on Form 10-Q |
| o Transition
Report on Form N-SAR |
| For the Transition Period Ended: ___________ |

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.

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

National Beverage Corp.

Full Name of Registrant

Former Name if Applicable

One North University Drive Bldg. A, 4th Floor

Address of Principal Executive Office (Street and Number)

Fort Lauderdale, FL 33324

City, State and Zip Code

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 reason 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,
Form 11-K, Form N-SAR or Form N-CSR, 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 why Forms 10-K, 20-F, 11-K, 10-Q, N-SAR, N-CSR, or the transition report or portion thereof, could not be filed within the prescribed time period.

The Form 10-Q, which is being filed simultaneously with the Form 12b-25, was not timely finalized.

SEC 1344 (07-03) Persons who are to respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number.

PAGEBREAK

PART IV — OTHER INFORMATION

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

Dean A. McCoy	954	581-0922
(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 answer is no, identify report(s). Yes x No o

| (3) |
| --- |
| 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. |

(Name of Registrant as Specified in Charter)

has caused this notification to be signed on its behalf by the undersigned hereunto duly authorized.

Date December 15, 2004 By Dean A. McCoy — SVP and Chief Accounting 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

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-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 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 reports within
the time period prescribed due to difficulties in electronic
filing should comply with either Rule 201 or Rule 202
of Regulation S-T (§232.201 or §232.202 of this
chapter) or apply for an adjustment in filing date pursuant to
Rule 13(b) of Regulation S-T (§232.13(b) of this
chapter). |