S-8 POS 1 f67952a1s-8pos.txt POST EFFECTIVE AMENDMENT NO. 1 TO FORM S-8 1 As filed with the Securities and Exchange Commission on February 9, 2001 Registration No. 333-76867 ================================================================================ SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 ----------- POST-EFFECTIVE AMENDMENT NO. 1 TO FORM S-8 REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 ----------- PERSISTENCE SOFTWARE, INC. (Exact name of Registrant as specified in its charter) DELAWARE 94-3138935 (State of incorporation) (I.R.S. Employer Identification No.) 1720 SOUTH AMPHLETT BLVD., THIRD FLOOR SAN MATEO, CALIFORNIA 94402 (address of principal executive offices) ----------- 1999 EMPLOYEE STOCK PURCHASE PLAN 1997 STOCK PLAN (full title of the Plans) ----------- CHRISTOPHER T. KEENE CHIEF EXECUTIVE OFFICER PERSISTENCE SOFTWARE, INC. 1720 SOUTH AMPHLETT BLVD. THIRD FLOOR SAN MATEO, CALIFORNIA 94402 (650) 372-3600 (Name, address and telephone number, including area code, of agent for service) ----------- Copy to: Laurel Finch Venture Law Group 2800 Sand Hill Road Menlo Park, California 94025 (650) 854-4488 2 The Registrant hereby withdraws from registration 51,213 shares of its Common Stock out of a total of 5,392,697 shares of its Common Stock previously registered pursuant to this Registration Statement (No. 333-76867). The purpose of this amendment is to correct the total number of shares being registered, which was mistakenly overstated in the previously filed Registration Statement. ================================================================================ 3 SIGNATURES Pursuant to the requirements of the Securities Act of 1933, the Registrant, PERSISTENCE SOFTWARE, INC., a corporation organized and existing under the laws of the State of Delaware, 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 Post-Effective Amendment No. 1 to the Registration Statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of San Mateo, State of California, on this 9 day of February, 2001. PERSISTENCE SOFTWARE, INC. By: /s/ CHRISTINE RUSSELL ---------------------------- Christine Russell Chief Financial Officer Pursuant to the requirements of the Securities Act of 1933, this Post-Effective Amendment No. 1 to the Registration Statement has been signed by the following persons in the capacities and on the dates indicated.
SIGNATURE TITLE DATE /s/ CHRISTOPHER T. KEENE* Chief Executive Officer February 9, 2001 --------------------------- (Principal Executive Christopher T. Keene Officer) /s/ CHRISTINE RUSSELL Chief Financial Officer February 9, 2001 --------------------------- (Principal Financial and Christine Russell Accounting Officer) /s/ GREGORY ENNIS* Director February 9, 2001 --------------------------- Gregory Ennis /s/ JACK L. HANCOCK* Director February 9, 2001 --------------------------- Jack L. Hancock /s/ MERRITT LUTZ* Director February 9, 2001 --------------------------- Merritt Lutz /s/ JOSEPH P. ROEBUCK* Director February 9, 2001 --------------------------- Joseph P. Roebuck /s/ SANJAY VASWANI* Director February 9, 2001 --------------------------- Sanjay Vaswani /s/ JEFFREY T. WEBBER* Director February 9, 2001 --------------------------- Jeffrey T. Webber *By: /s/ CHRISTINE RUSSELL --------------------------- Attorney-in-fact
4 INDEX TO EXHIBITS
EXHIBIT NUMBER DESCRIPTION ------- ----------- 5.1 Opinion of Venture Law Group, a Professional Corporation