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 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
|
|
|
|
(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 the reasons 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.
American
Apparel, Inc. (the “Company”) filed its quarterly report on Form 10-Q for the
quarter ended September 30, 2009 (the “Form 10-Q”) on November 10, 2009, one day
after the date it was due under the applicable rules. The delay in
filing was due to unanticipated technical difficulties experienced on November
9, 2009 in the process of submitting the Form 10-Q for filing to the Securities
and Exchange Commission. As a result, the inability to file the Form
10-Q in a timely manner could not be eliminated without unreasonable effort or
expense. The Form 10-Q was filed today.
PART
IV - OTHER INFORMATION
(1) Name
and telephone number of person to contact in regard to this
notification
|
|
Adrian
Kowalewski
|
|
(213)
|
|
488-0226
|
|
|
(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 the answer is no, identify
report(s).
[X]
Yes [ ] No
(3) 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?
[X]
Yes [ ] 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.
