As filed with the Securities and Exchange Commission on December 10, 2010
Registration No. 333-163788
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
POST-EFFECTIVE AMENDMENT NO. 1
TO
FORM S-3
REGISTRATION STATEMENT
Under
THE SECURITIES ACT OF 1933
FINISAR CORPORATION
(Exact name of registrant as specified in its charter)
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Delaware
(State or other jurisdiction of
incorporation or organization)
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3674
(Primary Standard Industrial
Classification Code number)
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77-0398779
(I.R.S. Employer
Identification No.) |
1389 Moffett Park Drive
Sunnyvale, California 94089
(408) 548-1000
(Address, including zip code, and telephone number, including
area code, of Registrants principal executive offices)
JERRY S. RAWLS
Chairman of the Board
FINISAR CORPORATION
1389 Moffett Park Drive
Sunnyvale, California 94089
(408) 548-1000
(Name, address, including zip code, and telephone number, including area code, of agent for service)
Please send copies of all communications to:
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CHRISTOPHER E. BROWN, ESQ.
Vice President, General Counsel and Secretary
Finisar Corporation
200 Precision Road
Horsham, Pennsylvania 19044
(267) 803-3803
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DENNIS C. SULLIVAN, ESQ.
JOE C. SORENSON, ESQ.
DLA Piper LLP (US)
2000 University Avenue
East Palo Alto, California 94303-2248
(650) 833-2000 |
Approximate date of commencement of proposed sale to the public:
From time to time after the effective date of this registration statement.
If the only securities being registered on this Form are being offered pursuant to
dividend or interest reinvestment plans, please check the following box. o
If any of the securities being registered on this Form are to be offered on a delayed or
continuous basis pursuant to Rule 415 under the Securities Act of 1933, other than securities
offered only in connection with dividend or interest reinvestment plans, check the following box.
þ
If this Form is filed to register additional securities for an offering pursuant to Rule
462(b) under the Securities Act, please check the following box and list the Securities Act
registration statement number of the earlier effective registration statement for the same
offering. o
If this Form is a post-effective amendment filed pursuant to Rule 462(c) under the Securities
Act, check the following box and list the Securities Act registration statement number of the
earlier effective registration statement for the same offering. o
If this Form is a registration statement pursuant to General Instruction I.D. or a
post-effective amendment thereto that shall become effective upon filing with the Commission
pursuant to Rule 462(e) under the Securities Act, check the following box. o
If this Form is a post-effective amendment to a registration statement filed pursuant to
General Instruction I.D. filed to register additional securities or additional classes of
securities pursuant to Rule 413(b) under the Securities Act, check the following box.
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Indicate by check mark whether the registrant is a large accelerated filer, an accelerated
filer, a non-accelerated filer, or a smaller reporting company. See the definitions of large
accelerated filer, accelerated filer and smaller reporting company in Rule 12b-2 of the
Exchange Act.
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Large accelerated filer o
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Accelerated filer þ
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Non-accelerated filer o
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Smaller reporting company o |
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(Do not check if a smaller reporting company) |
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SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, as amended, the Registrant
certifies that it has reasonable grounds to believe that it meets all of the requirements for
filing on Form S-3 and has duly caused this post-effective Amendment No. 1 to Registration
Statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of
Sunnyvale, State of California, on December 10, 2010.
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FINISAR CORPORATION
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BY: |
/s/ Jerry S. Rawls
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Jerry S. Rawls |
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Chairman of the Board |
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Pursuant to the requirements of the Securities Act of 1933, this registration statement has
been signed by the following persons in the capacities and on the dates indicated:
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Name |
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/s/ Jerry S. Rawls
Jerry S. Rawls
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Chairman of the
Board of Directors
(Co-Principal
Executive Officer)
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December 10, 2010 |
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Chief Executive
Officer
(Co-Principal
Executive Officer)
and Director
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December 10, 2010 |
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/s/ Kurt Adzema
Kurt Adzema
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Senior Vice
President, Finance
and Chief Financial
Officer (Principal
Financial and
Accounting Officer)
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December 10, 2010 |
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Director
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December___, 2010 |
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Director
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December 10, 2010 |
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Director
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December ___, 2010 |
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Director
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December 10, 2010 |
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Director
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December 10, 2010 |
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* By: |
/s/ Jerry S. Rawls
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Jerry S. Rawls, Attorney in Fact |
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