form_12b-25.htm


UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

FORM 12b-25

NOTIFICATION OF LATE FILING


SEC File Number: 001-32697

CUSIP Number: 023850100

(Check One):
[   ] Form 10-K
[   ] Form 20-F
[   ] Form 11-K
 [X] Form 10-Q
 [   ] Form 10-D
 
[   ] Form N-SAR
[   ] Form N-CSR
   
 
For Period Ended:  September 30, 2009
   
 
[   ] 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.
 

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

American Apparel, Inc.
Full Name of Registrant
 
 
Former Name if Applicable
 
747 Warehouse Street
Address of Principal Executive Office (Street and Number)
 
Los Angeles, California 90021
City, State and Zip Code


 
 
 

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.


 
 
 

The Company has today filed with the Securities and Exchange Commission its Form 10-Q, which includes an explanation of the changes in results of operations from the corresponding period for the last fiscal year, both narratively and quantitatively, and is incorporated herein by reference.

 
 
 



     
 
American Apparel, Inc.
  
 
(Name of Registrant as Specified in Charter)
  

has caused this notification to be signed on its behalf by the undersigned hereunto duly authorized.

       
       
Date
November 10, 2009
  
By:
/s/ Adrian Kowalewski
       
Name:
Adrian Kowalewski
       
Title:
Chief Financial Officer


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).