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)
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(a)
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The
reasons described in reasonable detail in Part III of this form could not
be eliminated without unreasonable effort or expense;
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(b)
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The
subject annual report, semi-annual report, transition report on Form I0-K,
Form 2-F, 11-F, or Form N-SAR, 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
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.
Advaxis,
Inc. (the “
Company
”) cannot
complete its Form 10-Q within the prescribed time period because the Company is
experiencing delays in the collection and compilation of certain financial and
other information required to be included in the Form 10-Q. In accordance with
Rule 12b-25 under the Securities Exchange Act of 1934, the Company anticipates
filing its Form 10-Q no later than five calendar days following the prescribed
due date.
PART
IV—OTHER INFORMATION
(1) Name
and telephone number of person to contact in regard to this
notification
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Mark
J. Rosenblum
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(732)
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545-1590
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(Name)
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(Area
Code)
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(Telephone
Number)
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(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).
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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?
þ
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.
The
Company expects to report a net loss of approximately $4.1 million for the three
month period ended January 31, 2010 from a net income of approximately $182,000
for the three month period ended January 31, 2009, due in part to an increase in
research and development expense to approximately $1.0 million, an increase in
interest expense on outstanding indebtedness to approximately $1.7 million and
the recognition of a non-cash charge on a change in the value of the Company’s
warrants and embedded derivatives of approximately $1.1 million.
