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 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.
The
Company is unable, without unreasonable effort and expense, to file its
Quarterly Report on Form 10-Q for the fiscal quarter ended April 29, 2006,
on a
timely basis. The Form 10-Q, which was due to filed with the Securities and
Exchange Commission on June 8, 2006, will be filed by June 13,2006.
As
discussed in the Company’s Annual Report on Form 10-K for the fiscal year ended
January 28, 2006, subsequent to the issuance of its fiscal 2004 financial
statements and during the completion of its fiscal 2005 year-end control
procedures relating to the accounting for and disclosure of cash and cash
equivalents, management discovered an error related to the prior presentation
of
investments in auction rate securities on the balance sheet and in the statement
of cash flows. Auction rate securities are highly liquid investments that are
reset through a “dutch auction” process that occurs every 7 to 49 days,
depending on the terms of the individual security. The correction of the error
represented a decrease in cash and cash equivalents and an increase in short
term investments on the balance sheet and an adjustment to cash flow from
investing activities in the statement of cash flows. The correction had no
impact on the statements of income or statements of stockholders’ equity. In
conjunction with filing the Form 10-K, the Company restated its balance sheet
as
of January 29, 2005 and statements of cash flows for the fiscal years ended
January 29, 2005 and January 31, 2004. The company plans to restate its
statements of cash flows for each of the quarterly periods in the fiscal year
ended January 28, 2005 prospectively as it files its Quarterly Reports on Form
10-Q during fiscal 2006.
In
conjunction with the preparation of its Quarterly Report on Form 10-Q, for
the
fiscal quarter ended April 29, 2006, management discovered that additional
adjustments might be necessary to the classification on the balance sheet and
in
the statement of cash flows to reflect additional errors in the classification
of certain investments as auction rate securities. The Company is in the process
of assessing the impact of these errors and fully expects that the Form 10-Q
for
the fiscal quarter ended April 29, 2006 will be filed by June 13, 2006 without
unreasonable effort and expense to the
Company.
PART
IV
OTHER
INFORMATION
(1)
Name
and telephone number of person to contact in regard to this
notification:
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
[X] 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?YES
[ ] NO [X]
THE
BUCKLE, INC.
(Name
of
Registrant as Specified in Charter)
has
caused this notification to be signed on its behalf by the undersigned hereunto
duly authorized.