Avanex Corp - Post-Effective Amendment to Registration Statement (POS AM)
August 29 2008 - 6:08AM
Edgar (US Regulatory)
Registration No. 333-110678
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
POST-EFFECTIVE
AMENDMENT
NO. 1
TO
FORM S-3
REGISTRATION STATEMENT
UNDER THE SECURITIES ACT OF 1933
AVANEX CORPORATION
(Exact name of Registrant as specified in its charter)
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Delaware
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94-3285348
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(State of incorporation)
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(I.R.S. Employer Identification Number)
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Avanex Corporation
40919 Encyclopedia Circle
Fremont, California
(510) 897-4188
(Address,
including zip code, and telephone number, including area code, of Registrants principal executive offices)
Mark Weinswig
Interim Chief Financial Officer
AVANEX CORPORATION
40919 Encyclopedia Circle
Fremont, California
(510) 897-4188
(Name, address, including zip code, and telephone number, including area code, of agent for service)
Approximate date of commencement of proposed sale to the public:
Not applicable.
If the only securities being registered on this Form are being offered pursuant to dividend or interest reinvestment plans, please check the following
box.
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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.
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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.
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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.
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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.
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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. (Check one):
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Large accelerated filer
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Accelerated filer
x
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Non-accelerated filer
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(Do not check if a smaller reporting company)
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Smaller reporting company
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TABLE OF CONTENTS
EXPLANATORY NOTE
SIGNATURES
EXPLANATORY NOTE:
REMOVAL OF SECURITIES FROM REGISTRATION
The offering contemplated by this
Registration Statement on Form S-3 (the Registration Statement) has terminated. Pursuant to the undertakings contained in Part II of the Registration Statement, the Registrant is removing from registration, by means of this
Post-Effective Amendment No. 1 to the Registration Statement, any securities registered under the Registration Statement which remained unsold at the termination of the offering.
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the Registrant certifies that it has reasonable grounds to believe it meets all of the requirements for filing on Form S-3 and has duly caused this
Post-Effective Amendment No. 1 to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Fremont, State of California, on August 29, 2008.
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AVANEX CORPORATION
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By:
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/s/ MARK WEINSWIG
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Mark Weinswig
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Vice President, Finance and Treasurer and Interim Chief Financial Officer
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