As filed with the Securities and Exchange Commission on November 30, 2005
Registration No. 333-111861
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
POST-EFFECTIVE AMENDMENT NO. 2 TO
FORM S-1
REGISTRATION STATEMENT
UNDER
THE SECURITIES ACT OF 1933
FINISAR CORPORATION
(Exact name of Registrant as specified in its charter)
|
|
|
Delaware
(State or other jurisdiction of
incorporation or organization)
|
|
94-3038428
(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
Chief Executive Officer
Finisar Corporation
1308 Moffett Park Drive
Sunnyvale, California 94089
(408) 548-1000
(Name, address, including zip code, and telephone number, including area code, of agent for service)
|
|
|
|
|
|
|
Copies to: |
|
|
Stephen K. Workman
Senior Vice President, Finance,
Chief Financial Officer and Secretary
Finisar Corporation
1308 Moffett Park Drive
Sunnyvale, California 94089
(408) 548-1000
|
|
|
|
Dennis C. Sullivan, Esq.
DLA Piper Rudnick Gray Cary US LLP
2000 University Avenue
East Palo Alto, California 94303
(650) 833-2000 |
Approximate date of commencement of proposed sale to the public: As soon as practicable
after the effective date of this Registration Statement.
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, check the following box: o
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 post-effective amendment filed pursuant to Rule 462(d) 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 delivery of the prospectus is expected to be made pursuant to Rule 434 under the Securities
Act, please check the following box. o
EXPLANATORY NOTE
This Post-Effective Amendment No. 2 to the Registration Statement on Form S-1, File No.
333-111861, is being filed with the Securities and Exchange Commission for the sole purpose of
de-registering 40,485,829 shares of common stock not sold under this Registration Statement.
Finisar Corporation hereby de-registers 40,485,829 shares.
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the Registrant has duly caused
this Post-Effective Amendment No. 2 to the Registration Statement to be signed on its behalf by the
undersigned, thereunto duly authorized, in the City of Sunnyvale, State of California on November
30, 2005.
|
|
|
|
|
|
FINISAR CORPORATION
|
|
|
By: |
/s/ Jerry S. Rawls*
|
|
|
|
Jerry S. Rawls |
|
|
|
President and Chief Executive Officer |
|
|
Pursuant to the requirements of the Securities Act of 1933, this Post-Effective Amendment No.
2 to the Registration Statement has been signed by the following persons in the capacities and on
the dates indicated:
|
|
|
|
|
Name |
|
Title |
|
Date |
|
/s/ Jerry S. Rawls*
Jerry S. Rawls |
|
President and Chief Executive Officer
(Principal Executive Officer)
|
|
November 30, 2005 |
/s/ Frank H. Levinson*
Frank H. Levinson |
|
Chairman of the Board
|
|
November 30, 2005 |
/s/ Stephen K. Workman
Stephen K. Workman |
|
Senior Vice President, Finance, Chief
Financial Officer and Secretary
(Principal Financial and Accounting
Officer)
|
|
November 30, 2005 |
/s/ Roger C. Ferguson*
Roger C. Ferguson |
|
Director
|
|
November 30, 2005 |
/s/ Larry D. Mitchell*
Larry D. Mitchell |
|
Director
|
|
November 30, 2005 |
David C. Fries |
|
Director
|
|
November 30, 2005 |
Robert N. Stephens |
|
Director
|
|
November 30, 2005 |
Dominique Trempont |
|
Director
|
|
November 30, 2005 |
*By: /s/ Stephen K. Workman
Stephen K. Workman |
|
Attorney-In-Fact
|
|
November 30, 2005 |