U.S.
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON,
D.C. 20549
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SEC
File Number 333-143215
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CUSIP
Number 68384X 100
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FORM
12b-25
NOTIFICATION
OF LATE FILING
(Check
One):
x Form 10-K ¨ Form 20-F ¨ Form 11-K ¨ Form 10-Q ¨ Form N-SAR
For
Period Ended: September 27, 2009
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:
N/A
Part I -
Registrant Information
Full Name
of Registrant: Optex Systems Holdings, Inc.
Former
Name if Applicable: Sustut Exploration, Inc.
Address
of Principal Executive Office (Street and Number)
1420
Presidential Drive
City,
State and Zip Code
Richardson,
TX 75081
Part II -
Rules 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)
x (a) The reasons
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, or transition report 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 l0-Q 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 2b-25(c) has been attached if applicable.
Part III
- - Narrative
State
below in reasonable detail the reasons why the Form 10-K, 20-F, 11-K, 10-Q, or
N-SAR, or the transition report or portion thereof could not be filed within the
prescribed time period.
Registrant
is in the process of completing its responses to various comments from the
Commission on its recent Registration Statement on Form S-1, as amended.
Responses to several of those comments will also need to be reflected in similar
disclosures made by Registrant in various other filings, including its
Form 10-K, which is the subject of this extension. Therefore, the Company
intends to use this extension period in order to provide coordinated disclosure
in its related periodic filings in addition to its outstanding Registration
Statement. The Company anticipates filing completed responses and
amended documents within the extension period.
Part IV -
Other Information
(1)
Name and telephone number of person to contact in regard to this
notification
Stanley
Hirschman
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(972)
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644-0472
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(Name)
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(Area
Code)
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(Telephone
Number)
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(2) Have
all other periodic reports required under Section 13 or 15(d) of the
Securities Exchange Act of 1934 during the preceding l2 months (or for such
shorter period that the registrant was required to file such reports) been
filed? If 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? ¨ Yes x 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.
OPTEX
SYSTEMS HOLDINGS, INC.
(Name of
Registrant as specified in charter)
has
caused this notification to be signed on
its behalf by the undersigned thereunto duly authorized.
Date:
December 28, 2009
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By
/s/ Stanley
A. Hirschman
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Stanley
A. Hirschman,
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President
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ATTENTION
Intentional misstatements or
omissions of
fact constitute Federal Criminal Violations
(See 18 U.S.C. 1001).