As filed with the Securities and Exchange Commission on June 10, 2006
Registration No. 333-124879
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)
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| Delaware
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3674
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77-0398779 |
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(Primary SIC Code Number)
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(I.R.S. Employer |
| incorporation or organization)
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Identification No.) |
1389 Moffett Park Drive
Sunnyvale, California 94089
(408) 548-1000
(Address, including zip code, and telephone number, including area
code, of Registrant’s principal executive offices)
Jerry S. Rawls
Chief Executive Officer
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)
Copies to:
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| Stephen K. Workman
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Dennis C. Sullivan, Esq. |
| Senior Vice President, Finance,
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DLA Piper Rudnick Gray Cary US llp |
| Chief Financial Officer and Secretary
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2000 University Avenue |
| Finisar Corporation
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East Palo Alto, California 94303 |
| 1308 Moffett Park Drive
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(650) 833-2000 |
| Sunnyvale, California 94089 |
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| (408) 548-1000 |
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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.
333-124879, is being filed with the Securities and Exchange Commission for the sole purpose of
de-registering 4,413,312 shares of common stock not sold under the Registration Statement. Finisar
Corporation hereby de-registers 4,413,312 shares of common stock.
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the Registrant certifies that it
has reasonable grounds to believe that it meets all of the requirements for filing on Form S-1 and
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 June 7, 2006.
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FINISAR CORPORATION |
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By:
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/s/ Jerry S. Rawls* |
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Jerry S. Rawls |
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President and Chief Executive Officer |
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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:
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/s/ Jerry S. Rawls*
Jerry S. Rawls
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Chief Executive Officer (Principal
Executive Officer) and Chairman of the
Board of Directors
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June 7, 2006 |
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/s/ Stephen K. Workman
Stephen K. Workman
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Senior Vice President, Finance, Chief
Financial Officer and Secretary
(Principal Financial and Accounting
Officer)
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June 7, 2006 |
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/s/ Roger C. Ferguson*
Roger C. Ferguson
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Director
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June 7, 2006 |
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Director
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June 7, 2006 |
Frank H. Levinson |
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Director |
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/s/ Larry D. Mitchell*
Larry D. Mitchell
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Director
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June 7, 2006 |
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Director |
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Director |
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*By:
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/s/ Stephen K. Workman
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Stephen K. Workman |
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Attorney-In-Fact |
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