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SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
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FORM 10-Q/A
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AMENDMENT NO. 1
|X| QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES
EXCHANGE ACT OF 1934
FOR THE QUARTERLY PERIOD ENDED DECEMBER 31, 2003
OR
|_| TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES
EXCHANGE ACT OF 1934
COMMISSION FILE NO. 1-14168
GLOBIX CORPORATION
(EXACT NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER)
DELAWARE 13-3781263
(STATE OR OTHER JURISDICTION OF (I.R.S. EMPLOYER
INCORPORATION OR ORGANIZATION) IDENTIFICATION NO.)
139 CENTRE STREET, NEW YORK, NEW YORK 10013
(ADDRESS OF PRINCIPAL EXECUTIVE OFFICES) (ZIP CODE)
REGISTRANT'S TELEPHONE NUMBER, INCLUDING AREA CODE: (212) 334-8500
Indicate by check mark whether registrant (1) has filed all reports
required to be filed by Section 13 or 15(d) of the Securities Exchange Act of
1934 during the preceding 12 months (or for such shorter period that the
registrant was required to file such reports), and (2) has been subject to such
filing requirements for the past 90 days. Yes |X| No |_|
Indicate by check mark whether the registrant is an accelerated filer (as
defined in Rule 12b-2 of the Securities Exchange Act). Yes |_| No |X|
Indicate by check mark whether the registrant has filed all documents and
reports required to be filed by Sections 12, 13 or 15(d) of the Securities and
Exchange Act of 1934 subsequent to the distribution of securities under a plan
confirmed by a court.
Yes |X| No |_|
Number of shares of the Registrant's common stock outstanding as of January
31, 2004 was 16,460,000.
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EXPLANATORY NOTE
This Amendment No. 1 on Form 10-Q is being filed to amend Part I Item 4. of the
Company's Quarterly Report on Form 10-Q for the quarterly period ended December
31, 2003, filed on February 4, 2004 (the "Original 10-Q"). This Amendment No. 1
does not otherwise alter the disclosures set forth in the Original 10-Q and does
not reflect events occurring after the filing of the Original 10-Q. This
Amendment No. 1 is effective for all purposes as of the date of the filing of
the Original 10-Q.
ITEM 4. CONTROLS AND PROCEDURES
Since the Company's emergence from bankruptcy effective April 25, 2002, the
Company has had to face many challenging and complex accounting and financial
reporting issues, including fresh start accounting, restructuring and the
restatement of amounts in its financial statements for the quarter ended March
31, 2002. In addition, the Company has experienced significant turnover in its
financial reporting staff, as well as limited management resources. The Company
fell behind in its SEC reporting for the year ended September 30, 2002, and
experienced difficulty in catching up with its filing obligations for the year
ended September 30, 2002 while fulfilling its responsibilities for the year
ended September 30, 2003. The combined effect of these challenges placed a
strain on our internal accounting resources in summer 2003 and resulted in
further delays in the preparation and filing of periodic reports that were filed
in summer 2003. The strain on our internal accounting resources and the delays
in the preparation and filing of periodic reports created material weaknesses in
our accounting and internal control environment in summer 2003.
In order to resolve the problems described above, the Company hired a new Senior
Accountant in May 2003, a new Controller in July 2003, a new Manager of External
Reporting in October 2003 and a new Senior Accountant in November 2003. In
addition, the Company has committed to returning to a normal recurring closing
timetable that includes formal management reviews and a monthly financial
reporting package. Finally, by completing its fiscal 2002 reporting, the Company
has significantly reduced the burden on its internal accounting staff.
Based on their evaluation of the Company's disclosure controls and procedures as
of the end of our last fiscal year, the Chief Executive Officer and Chief
Financial Officer have concluded that there was a material weakness in our
internal control over financial reporting that needed to be addressed. As noted
above, the Company has dedicated resources to address this issue and has
implemented the necessary changes such as hiring a new Senior Accountant, new
Controller, new Manager and new Senior Accountant and has committed to returning
to a normal recurring closing timetable that includes formal management reviews
and a monthly financial reporting package and has significantly reduced the
burden on our internal accounting staff. In addition, except as noted above,
there were no changes in the Company's internal control over financial reporting
that occurred during the Company's most recent fiscal quarter that materially
affected, or are reasonably likely to materially affect, the Company's internal
control over financial reporting.
ITEM 6. EXHIBITS
(a) Exhibits
Exhibit Description
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31.1 Certification of Chief Executive Officer pursuant to Section 302 of the
Sarbanes-Oxley Act of 2002
31.2 Certification of Chief Financial Officer pursuant to Section 302 of the
Sarbanes-Oxley Act of 2002
32.1 Certification of Chief Executive Officer pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002
32.2 Certification of Chief Financial Officer pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.
GLOBIX CORPORATION
Date: December 6, 2004
/s/ Peter K. Stevenson
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Peter K. Stevenson
President and Chief Executive Officer
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