- Notification that Annual Report will be submitted late (NT 10-K)
October 30 2008 - 5:05PM
Edgar (US Regulatory)
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 12b-25
NOTIFICATION OF LATE FILING
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(Check
one):
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x
Form 10-K
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o
Form 20-F
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o
Form 11-K
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o
Form 10-Q
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o
Form 10-D
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o
Form N-SAR
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o
Form N-CSR
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For Period Ended
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July 31, 2008
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o
Transition Report on Form 10-K
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o
Transition Report on Form 20-F
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o
Transition Report on Form 11-K
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o
Transition Report on Form 10-Q
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o
Transition Report on Form N-SAR
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For the
Transition Period Ended:
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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:
PART I REGISTRANT INFORMATION
Forgent
Networks, Inc.
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Full Name of
Registrant
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Former Name if
Applicable
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108
Wild Basin Road
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Address of
Principal Executive Office
(Street and
Number)
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Austin,
Texas 78746
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City, State and
Zip Code
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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.)
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(a)
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The reason
described in reasonable detail in Part III of this form could not be
eliminated without unreasonable effort or expense;
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x
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(b)
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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 subject distribution report on
Form 10-D, or portion thereof, will be filed on or before the
fifth calendar day following the prescribed due date; and
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(c)
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The accountants
statement or other exhibit required by Rule 12b-25(c) has been
attached if applicable.
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PART III NARRATIVE
State below in reasonable detail why Forms 10
-
K, 20
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F, 11
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K, 10
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Q, 10
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D, N
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SAR, N
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CSR, or the transition
report or
portion
thereof, could not be filed within the prescribed time period.
Forgent Networks, Inc. (the
Company) was unable to file its Form 10-K for the fiscal year ended July 31,
2008 by the prescribed due date of October 29, 2008 because the Company was
unable to complete its financial statements and the assessment by its
management of its internal control over financial reporting in accordance with
Section 404 of the Sarbanes-Oxley Act of 2002 and the rules of the Public Company
Accounting Oversight Board. As a result of the intensive efforts required to
comply with the requirements of the Sarbanes-Oxley Act, including those under
Section 404, the Company could not complete these activities by the prescribed
filing deadline without unreasonable effort and expense. The Company continues
to dedicate significant resources to the completion of these activities and the
Form 10-K and expects to file the Form 10-K by November 13, 2008.
PART IV OTHER INFORMATION
(1)
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Name and telephone
number of person to contact in regard to this notification:
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Jay C. Peterson
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512
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437-2483
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(Name)
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(Area Code)
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(Telephone Number)
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(2)
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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).
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x
Yes
o
No
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(3)
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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?
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o
Yes
x
No
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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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On October 15, 2008, the Company announced its results of operations
for the fiscal year ended July 31, 2008 in a press release and in a widely and
publicly available conference call. The press release was furnished under cover
of a Form 8-K on October 15, 2008. The conference call is posted on the
Companys website at www.asuresoftware.com. Accordingly, although the Company
does not consider the change in its results of operations from the prior fiscal
year to be significant, both a narrative and quantitative discussion of the
results of operations for the fiscal year ended July 31, 2008 compared to the
prior fiscal year have been publicly disclosed.
Forgent Networks, Inc.
(Name of Registrant as
Specified in Charter)
has caused this
notification to be signed on its behalf by the undersigned thereunto duly
authorized.
Date:
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October 30, 2008
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By:
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/s/ Jay C.
Peterson
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Jay C. Peterson,
Chief Financial
Officer
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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 representatives authority to sign on
behalf of the registrant shall be filed with the form.
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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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2
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