- Notification that Annual Report will be submitted late (NT 10-K)
March 15 2012 - 5:17PM
Edgar (US Regulatory)
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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SEC FILE NUMBER
000-31687
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FORM 12b-25
NOTIFICATION OF LATE FILING
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CUSIP NUMBER
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(
Check One
):
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S
Form 10-K
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£
Form 20-F
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£
Form 11-K
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£
Form 10-Q
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£
Form 10-D
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£
Form N-SAR
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£
Form N-CSR
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For Period Ended:
December
31, 2011
£
Transition Report on Form 10-K
£
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:
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:
PART I -- REGISTRANT INFORMATION
EVERGREEN SOLAR, INC.
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Full Name of Registrant
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Former Name if Applicable
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138 Bartlett Street
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Address of Principal Executive Office (
Street and Number
)
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Marlboro, Massachusetts 01752
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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) 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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(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 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) The accountant's 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-F, 11-K, 10-Q, 10-D, N-SAR, N-CSR, or the transition report or portion thereof, could not be filed within the prescribed
time period.
Evergreen Solar, Inc. (the “Company”) is not filing
its Annual Report on Form 10-K for the fiscal year ended December 31, 2011 (“Form 10-K”). As previously disclosed,
on August 15, 2011, the Company, pursuant to the provisions of the United States Bankruptcy Code (the “Bankruptcy Code”),
filed a voluntary petition in the United States Bankruptcy Court for the District of Delaware seeking relief under the provisions
of Chapter 11 of the Bankruptcy Code (Case No. 11-12590) (the “Bankruptcy Case”). Also as previously disclosed, the
Company has sold all or substantially all of its assets, except its facility located in Devens, Massachusetts and certain assets
therein, pursuant to assets sales under Section 363 of the Bankruptcy Code. The Bankruptcy Case has resulted in a severe reduction
in the Company’s workforce and the Company has devoted substantially all of its remaining resources to the Bankruptcy Case,
including the asset sale process. As a result, the Company has determined that it is unable to file its Form 10-K without unreasonable
effort and expense.
PART IV -- OTHER INFORMATION
(1) Name and telephone number of the person to contact in regard to this notification
Mr. Christian M. Ehrbar (781) 696-6990
(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
£
No
S
The Company has not filed its Quarterly Report for
the fiscal quarter ended July 2, 2011 and its Quarterly Report for the fiscal quarter ended October 1, 2011.
(3) Is it anticipated that any significant change in results of operations for the corresponding period for the last fiscal year will
be reflected by the earnings statement to be included in the subject report or portion thereof?
Yes
S
No
£
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.
Due to adverse business conditions, the inability
to restructure the Company’s outstanding debt, the commencement of the Bankruptcy Case and other circumstances, there was
a significant adverse change in the Company’s results of operations for its fiscal year ended December 31, 2011 compared
with the Company’s results of operations for its fiscal year ended December 31, 2010.
EVERGREEN SOLAR, INC.
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(Name of the Registrant as Specified in Charter)
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has caused this notification to be signed
on its behalf by the undersigned hereunto duly authorized.
Date:
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March 15, 2012
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By:
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/s/ Christian M. Ehrbar
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Name: Christian M. Ehrbar
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Title: President and Chief Executive 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 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).
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