UNITED STATES SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 10-Q/A
(Amendment
No. 1)
(Mark
One)
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QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934 |
For the quarterly period ended June 30, 2006
OR
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TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934 |
For the transition period from to
Commission File Number 1-9733
(Exact name of registrant as specified in its charter)
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Texas
(State or other jurisdiction of
incorporation or organization)
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75-2018239
(I.R.S. Employer
Identification No.) |
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1600 West 7th Street
Fort Worth, Texas
(Address of principal executive offices)
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76102
(Zip Code) |
(817) 335-1100
(Registrants telephone number, including area code)
NONE
(Former name, former address and former fiscal year, if changed since last report)
Indicate by check mark whether the 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 þ
No o
Indicate by check mark whether the registrant is a large accelerated filer, an
accelerated filer, or a non-accelerated filer. See definition of accelerated
filer and large accelerated filer in Rule 12b-2 of the Exchange Act. (Check
one)
Large accelerated filer þ Accelerated filer o Non-accelerated filer o
Indicated by check mark whether the registrant is a shell company (as defined
in Rule 12b-2 of the Exchange Act). Yes o No þ
APPLICABLE ONLY TO CORPORATE ISSUERS:
29,612,432 common shares, $.10 par value, were outstanding as of July 14, 2006
Introductory Note
We are filing this Amendment No. 1 to our Quarterly Report on Form 10-Q for the quarter ended
June 30, 2006 (the Second Quarter 2006 10-Q), which was originally filed on July 28, 2006, to
revise certain disclosures concerning our internal controls and procedures in Part I, Item 4, based
on an SEC request. This request was one element of a review by the Division of Corporation Finance
of the SEC of our quarterly report on Forms 10-Q filed during 2006. We have received and responded
to the various SEC staff comments.
This Form 10-Q/A does not affect the Companys Consolidated Financial Statements or related
Notes, or other information as presented in our Second Quarter 2006 10-Q. This Form 10-Q/A does not
reflect events that have occurred after the Second Quarter 2006 10-Q was originally filed or update
the information set forth in the Second Quarter 2006 10-Q originally filed for matters that
occurred subsequent to such original filing date.
PART I. FINANCIAL INFORMATION
Item 4. Controls and Procedures
Under the supervision and with the participation of the Companys Chief Executive Officer
and Chief Financial Officer, management of the Company has evaluated the effectiveness of the
design and operation of the Companys disclosure controls and procedures (as defined in Rules
13a-15(e) and 15d-15(e) under the Securities Exchange Act of 1934) as of June 30, 2006 (Evaluation
Date). Based upon that evaluation, the Chief Executive Officer and Chief Financial Officer
concluded that, as of the Evaluation Date, the Companys disclosure controls and procedures are
effective (i) to ensure that information required to be disclosed by us in reports that the Company
files or submits under the Exchange Act is recorded, processed, summarized and reported within the
time periods specified in the Securities and Exchange Commission rules and forms; and (ii) to
ensure that information required to be disclosed in the reports that the Company files or submits
under the Exchange Act is accumulated and communicated to our management, including the Companys
Chief Executive Officer and Chief Financial Officer, to allow timely decisions regarding required
disclosures.
There was no change in the Companys internal control over financial reporting during the
quarter ended June 30, 2006, that has materially affected, or is reasonably likely to materially
affect, the Companys internal control over financial reporting.
The Companys management, including its Chief Executive Officer and Chief Financial Officer,
does not expect that the Companys disclosure controls and procedures or internal controls will
prevent all possible error and fraud. The Companys disclosure controls and procedures are,
however, designed to provide reasonable assurance of achieving their objectives, and the Companys
Chief Executive Officer and Chief Financial Officer have concluded that the Companys financial
controls and procedures are effective at that reasonable assurance level.
PART II. OTHER INFORMATION
Item 6. Exhibits
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31.1 |
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Certification of Chief Executive Officer |
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31.2 |
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Certification of Chief Financial Officer |
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32.1 |
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Certification of Chief Executive Officer pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 |
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32.2 |
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Certification of Chief Financial Officer pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 |
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