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SEC FILE NUMBER | ||
001-34211
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CUSIP NUMBER | ||
38526M 106
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(Check one): | o Form 10-K o Form 20-F o Form 11-K þ Form 10-Q o Form 10-D o Form N-SAR o Form N-CSR | |||||
For Period Ended: | September 30, 2011 | |||||
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: | ||||||
þ |
|||||
(a) | The reason described in reasonable detail in Part III of this form could not be eliminated without unreasonable effort or expense | ||||
(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 accountants statement or other exhibit required by Rule 12b-25(c) has been attached if applicable. |
While the effects of the restatement and related disclosures have been prepared, and the restated balances were included in the 8-K, the Company and its auditors are currently in the process of undertaking final reviews of the amendments and/or changes to the Companys Annual Report on Form 10-K for the year ended December 31, 2010, its Quarterly Reports on Form 10-Q for the quarters ended March 31, 2011 and June 30, 2011 and its Quarterly Report on Form 10-Q for the quarter ended September 30, 2011 (the Form 10-Q) necessitated by the restatement. In addition, the Company is still working with its auditors to evaluate the level of internal control deficiency and any other issues that the restatement raises and expects to report on its conclusion in the Form 10-Q and in the amended filings referenced above, as applicable. Although management has been working diligently to complete and finalize these filings, the Company was unable, without unreasonable effort or expense, to complete this work on or before 5:30 p.m. on November 9, 2011.
The Company expects that it will be able to complete the work described above in time for the Company to file its Quarterly Report on Form 10-Q for the quarterly period ended September 30, 2011 within the five-day extension provided by Rule 12b-25. The Company is still working with its auditors to evaluate the level of internal control deficiency and any other issues that the restatement raises and expects to report on its conclusion in its Quarterly Report on Form 10-Q for the fiscal quarter ended September 30, 2011 and in the amended filings referenced above, as applicable.
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. |
(1) | Name and telephone number of person to contact in regard to this notification |
Daniel E. Bachus | 602 | 639-6648 | ||
(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 þ No o | ||
(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? | |
Yes þ No o | ||
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. | ||
Date
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November 10, 2011 | By | /s/ Daniel E. Bachus | |||
Daniel E. Bachus | ||||||
Chief Financial Officer |
Three Month Ended September 30, 2010 | Nine Months Ended September 30, 2010 | |||||||||||||||
As Reported | As Restated | As Reported | As Restated | |||||||||||||
Net revenue |
$ | 98,946 | $ | 98,946 | $ | 285,794 | $ | 285,794 | ||||||||
Costs and expenses: |
||||||||||||||||
Instructional costs and
services |
42,070 | 45,717 | 120,472 | 133,609 | ||||||||||||
Selling and promotional |
28,103 | 28,103 | 83,955 | 83,955 | ||||||||||||
General and administrative |
6,608 | 6,608 | 18,888 | 18,888 | ||||||||||||
Exit costs |
27 | 27 | 232 | 232 | ||||||||||||
Total costs and expenses |
76,808 | 80,466 | 223,547 | 236,684 | ||||||||||||
Operating income |
22,138 | 18,491 | 62,247 | 49,110 | ||||||||||||
Net interest expense |
(143 | ) | (143 | ) | (551 | ) | (551 | ) | ||||||||
Income before income taxes |
21,995 | 18,348 | 61,696 | 48,559 | ||||||||||||
Income tax expense |
9,077 | 7,606 | 24,902 | 19,603 | ||||||||||||
Net income |
$ | 12,918 | $ | 10,742 | $ | 36,794 | $ | 28,956 | ||||||||
Earnings per share: |
||||||||||||||||
Basic income per
share(1) |
$ | 0.28 | $ | 0.23 | $ | 0.80 | $ | 0.63 | ||||||||
Diluted income per share(1) |
$ | 0.28 | $ | 0.23 | $ | 0.79 | $ | 0.62 | ||||||||
Basic weighted average
shares outstanding |
45,746 | 45,746 | 45,715 | 45,715 | ||||||||||||
Diluted weighted average
shares outstanding |
46,351 | 46,351 | 46,413 | 46,413 | ||||||||||||
Nine Months Ended | ||||||||
September 30, 2010 | ||||||||
As Reported | As Restated | |||||||
Net income |
$ | 36,794 | $ | 28,956 | ||||
Provision for bad debts |
16,347 | 29,483 | ||||||
Deferred income taxes |
(4,163 | ) | (9,461 | ) | ||||
Net cash provided by
operating activities |
80,534 | 80,534 |
As of September 30, 2010 | ||||||||
As Reported | As Restated | |||||||
Accounts receivable, net of
allowance for doubtful
accounts of $11,412(As
Reported) and $24,548(As
Restated) |
$ | 32,722 | $ | 19,586 | ||||
Deferred income taxes current |
9,204 | 14,502 | ||||||
Total current assets |
153,074 | 145,236 | ||||||
Total assets |
281,542 | 273,704 | ||||||
Accumulated earnings |
52,409 | 44,571 | ||||||
Total stockholders equity |
127,105 | 119,267 | ||||||
Total liabilities and
stockholders equity |
281,542 | 273,704 |