As filed with the Securities and Exchange Commission on September 25, 2003
Registration No. 333-95629
SECURITIES AND EXCHANGE COMMISSION
POST-EFFECTIVE AMENDMENT No. 1
The Securities Act of 1933
(Exact name of Registrant as specified in its charter)
|(State of incorporation)||(I.R.S. Employer Identification Number)|
3560 Bassett Street
Santa Clara, California 95054
(Address, including zip code of Registrants principal executive offices)
EMPLOYEE STOCK PURCHASE PLAN
(Full title of the Plan)
President and Chief Executive Officer
3560 Bassett Street
Santa Clara, CA 95054
(Name, address, including zip code, and telephone number, including area code, of agent for service)
Herbert P. Fockler, Esq.
Wilson Sonsini Goodrich & Rosati
650 Page Mill Road
Palo Alto, CA 94304-1050
CALCULATION OF REGISTRATION FEE
The Registration Fee was previously calculated and paid in connection with the filing of the Registration Statement on January 28, 2000 (File No. 333-95629).
No exhibits are filed with this Post-Effective Amendment.
The Registrant registered 250,000 shares of its Common Stock (the Registered Shares) for future issuance under its Employee Stock Purchase Plan (the ESPP) pursuant to a Registration Statement on Form S-8 (File No. 333-95629) filed with the Securities and Exchange Commission on January 28, 2000. The Registrant now has adopted a new plan, the Intevac, Inc. 2003 Employee Stock Purchase Plan (the 2003 ESPP), to which shares remaining available for issuance under the ESPP may be transferred for the purpose of future employee stock purchases under the 2003 ESPP. As of September 25, 2003, a total of 108,197 shares of the Registered Shares had not been issued under the ESPP prior to the termination of such plan effective July 31, 2003. This post-effective Amendment is being filed to deregister all shares of the Registrants stock reserved for issuance under the ESPP that have not yet been issued.
Accordingly, the Registrant hereby withdraws from registration under this Registration Statement on Form S-8 the 108,197 shares of its Common Stock that have not been and will not be issued under the ESPP. A new Form S-8 Registration Statement will be filed by the Registrant to register shares issuable under the 2003 ESPP.
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-8 and has duly caused this Registration Statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Santa Clara, State of California, on this 25th day of September 2003.
|By:||/s/ Charles B. Eddy, III|
|Charles B. Eddy, III
Vice President, Finance and Administration,
Chief Financial Officer, Treasurer and
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS, that each person whose signature appears below constitutes and appoints Kevin Fairbairn and Charles B. Eddy, III, jointly and severally, his attorneys-in-fact, each with the power of substitution, for him or her in any and all capacities, to sign any amendments to this Registration Statement on Form S-8 and to file the same, with exhibits thereto and other documents in connection therewith, with the Securities and Exchange Commission, hereby ratifying and confirming all that said attorneys-in-fact, or their substitute or substitutes, may do or cause to be done by virtue hereof.
In accordance with the requirements of the Securities Act of 1933, this Registration Statement has been signed by the following persons in the capacities indicated as of September 25, 2003:
|/s/ Kevin Fairbairn
|President and Chief Executive Officer (Principal Executive Officer)|
|/s/ Norman H. Pond
Norman H. Pond
|Chairman of the Board|
|/s/ Charles B. Eddy, III
Charles B. Eddy, III
|Vice President, Finance and Administration, Chief Financial Officer, Treasurer and Secretary (Principal Financial and Accounting Officer)|
|/s/ David S. Dury
David S. Dury
|/s/ Robert D. Hempstead
Robert D. Hempstead
|/s/ David N. Lambeth
David N. Lambeth
|/s/ Robert Lemos
|/s/ H. Joseph Smead
H. Joseph Smead