As filed with the Securities and Exchange Commission on March 10, 2004
Registration No. 333-83442
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
POST-EFFECTIVE AMENDMENT
NO. 1 TO
FORM S-3
REGISTRATION STATEMENT
Under
THE SECURITIES ACT OF 1933
EXTREME NETWORKS, INC.
(Exact name of Registrant as Specified in its Charter)
| Delaware | 77-0430270 | |
| (State or other jurisdiction of incorporation or organization) |
(I.R.S. Employer Identification No.) |
3585 Monroe Street
Santa Clara, California 95051
(408) 579-2800
(Address, Including Zip Code, and Telephone Number, Including Area Code, of Registrant’s Principal Executive Offices)
GORDON L. STITT
Chief Executive Officer
EXTREME NETWORKS, INC.
Santa Clara, California 95051
(408) 579-2800
(Name, Address, Including Zip Code, and Telephone Number, Including Area Code, of Agent For Service)
Copy to:
| J. Howard Clowes, Esq. GRAY CARY WARE & FREIDENRICH LLP 153 Townsend Street, Suite 800 San Francisco, CA 94107 (415) 836-2500 |
Approximate date of commencement of proposed sale to the public: As soon as practicable after this Registration Statement becomes effective.
If the only securities being registered on this form are being offered pursuant to dividend or interest reinvestment plans, please check the following box: ¨
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 investment plans, check the following box: ¨
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. ¨
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 number of the earlier effective registration statement for the same offering. ¨
If delivery of the prospectus is expected to be made pursuant to Rule 434, check the following box. ¨
EXPLANATORY NOTE
This Post-Effective Amendment No. 1 to the Registration Statement on Form S-3, File No. 333-83442, is being filed with the Securities and Exchange Commission for the sole and purpose of de-registering the shares not sold under this Registration Statement. No shares have been sold under this Registration Statement to date. Extreme Networks, Inc. hereby de-registers 9,544,260 shares.
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, this Registration has duly caused this Post-Effective Amendment No. 1 to the Registration Statement to be signed on its behalf of the undersigned, thereunto duly authorized in the City of Santa Clara, State of California on March 10, 2004.
| EXTREME NETWORKS, INC. | ||
| By: | /s/ GORDON L. STITT | |
| Chief Executive Officer | ||
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 date indicated:
| Signature |
Title |
Date | ||
| /s/ Gordon L. Stitt Gordon L. Stitt |
Chairman of the Board, President and Chief Executive Officer | March 10, 2004 | ||
| /s/ William Slakey William Slakey |
March 10, 2004 | |||
| * Charles Carnalli |
Director | March 10, 2004 | ||
| * Promod Haque |
Director | March 10, 2004 | ||
Bob L. Corey |
Director | March 10, 2004 | ||
| * Peter Wolken |
Director | March 10, 2004 | ||
| * Ken Levy |
Director | March 10, 2004 | ||
| *By: | /s/ Gordon L. Stitt Gordon L. Stitt Attorney-In-Fact |
Attorney-in-Fact | March 10, 2004 |