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Be Incorporated
Submits Notification of Delay in Filing Financial Statements with its
Annual Report on Form 10-K |
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Be Incorporated
MOUNTAIN VIEW, Calif.—April
1, 2002—Be Incorporated (OTC: BEOSZ) announced today that it filed
a Form 12b-25 with the Securities and Exchange Commission notifying
the SEC that it will delay its filing of Company financial statements
for the year ended December 31, 2001 and certain related information
with its Annual Report on Form 10-K, which was filed today with
the SEC.
In
order to curtail expenses in connection with its wind-up and
dissolution, the Company has sought relief from the SEC, via
a no-action letter request, seeking permission to file unaudited
financial statements with its Annual Report on Form 10-K for
the fiscal year ended December 31, 2001. Because the Company
is awaiting the SEC’s decision, the Company's independent auditors
have not completed an audit of Be's financial statements, nor
has the Company incurred the expenses associated with such an
audit. As a result, the Company's Annual Report on Form
10-K filed today does not contain information related
to Items 6, 7, 8 and 14 of Form 10-K (Selected Financial Data;
Management’s Discussion and Analysis of Financial Condition
and Results of Operations; Consolidated Financial Statements
and Supplementary Data; and Financial Statement Schedule).
If the Commission denies the Company no-action
relief from filing audited financial statements, the Company
intends to file audited financial statements along with the
information required by Items 6, 7, 8 and 14 of Form 10-K by
filing an Amended Annual Report on Form 10-K/A as soon as practical
in accordance with SEC regulations and guidelines and pursuant
to any instruction from the Commission in its response
to the Company's no action request. If the Commission grants
such relief, the Company intends to file unaudited financial
statements along with the information required by Items 6, 7,
8 and 14 of Form 10-K no later than April 16, 2002 by filing
an Amended Annual Report on Form 10-K/A.
Safe Harbor Statement
This news release contains forward-looking statements that
involve risks and uncertainties that could cause actual results
or outcomes to differ materially from those contemplated by
the forward-looking statements. Any forward-looking statements
herein are made only as of the date hereof, and Be undertakes
no obligation to update or revise the forward-looking statements,
whether as a result of new information, future events or otherwise.
Information about the potential factors that could affect the
company’s business and financial activities and results is included
in the company’s annual, quarterly and special reports, proxy
statements and other information, which are on file with the
Securities and Exchange Commission.
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