S-8 POS 1 ds8pos.htm POST-EFFECTIVE AMENDMENT NO.1 TO FORM S-8 FOR SIMPLETECH, INC. Post-Effective Amendment No.1 to Form S-8 for SimpleTech, Inc.

As filed with the Securities and Exchange Commission on May 30, 2006

Registration No. 333-85832


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

 


SIMPLETECH, INC.

(Exact name of registrant as specified in its charter)

 


 

California   33-0399154

(State or other jurisdiction of

incorporation or organization)

 

(IRS Employer

Identification No.)

3001 Daimler Street

Santa Ana, California 92705-5812

(Address of principal executive offices) (Zip Code)

 


SIMPLETECH, INC. 2000 STOCK INCENTIVE PLAN

SIMPLETECH, INC. EMPLOYEE STOCK PURCHASE PLAN

(Full title of the Plans)

 


Manouch Moshayedi

Chief Executive Officer

SIMPLETECH, INC.

3001 Daimler Street

Santa Ana, California 92705-5812

(Name and address of agent for service)

(949) 476-1180

(Telephone number, including area code, of agent for service)

 


CALCULATION OF REGISTRATION FEE*

 


Title of Securities to be Registered   

Amount

to be

Registered

  

Proposed

Maximum

Offering

Price

per Share

  

Proposed

Maximum

Aggregate

Offering

Price

  

Amount of

Registration

Fee


* The Registration Fee was previously calculated and paid in connection with the filing of the Registration Statement on April 8, 2002 (File No. 333-85832).

No Exhibits are filed with this Post-Effective Amendment.

 



EXPLANATORY NOTE

Deregistration of Shares Under ESPP

SimpleTech, Inc. (the “Registrant”) registered an additional 1,530,882 shares of its common stock, $0.001 par value (the “Common Stock”), under its 2000 Stock Incentive Plan and 382,720 shares of its Common Stock under its Employee Stock Purchase Plan (the “ESPP”) on Form S-8 (File No. 333-85832) filed with the Securities and Exchange Commission on April 8, 2002 (the “2002 Registration Statement”). The Registrant terminated the ESPP as of December 19, 2005. As a result of the termination of the ESPP, the Registrant’s obligations to maintain the effectiveness of the 2002 Registration Statement with respect to the ESPP have expired. Pursuant to the undertaking contained in the 2002 Registration Statement, the Registrant is filing this Post-Effective Amendment No. 1 to the 2002 Registration Statement to deregister 382,720 shares of its Common Stock registered under the 2002 Registration Statement for issuance under the ESPP that remained unissued as of the date of termination. The shares of Common Stock reserved under the 2000 Stock Incentive Plan are not being deregistered and remain subject to issuance under such plan.


SIGNATURES

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 Post-Effective Amendment to Registration Statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Santa Ana, California on this 25th day of May 2006.

 

SIMPLETECH, INC.
By:  

/s/ DAN MOSES

  Dan Moses
  Chief Financial Officer

Pursuant to the requirements of the Securities Act of 1933, as amended, this Registration Statement has been signed below by the following persons on behalf of the Registrant and in the capacities and on the dates indicated:

 

Signature

  

Title

 

Date

/s/ MANOUCH MOSHAYEDI*

Manouch Moshayedi

  

Chief Executive Officer

and Chairman of the Board of Directors

(principal executive officer)

  May 25, 2006

/s/ MIKE MOSHAYEDI*

Mike Moshayedi

   President and Director   May 25, 2006

/s/ MARK MOSHAYEDI*

Mark Moshayedi

   Chief Operating Officer, Chief Technical Officer, Secretary and Director   May 25, 2006

/s/ DAN MOSES

Dan Moses

  

Chief Financial Officer and Director

(principal financial and accounting officer)

  May 25, 2006

/s/ F. MICHAEL BALL

F. Michael Ball

   Director   May 25, 2006

/s/ JAMES J. PETERSON

James J. Peterson

   Director   May 25, 2006

/s/ RAJAT BAHRI

Rajat Bahri

   Director   May 25, 2006

 

* By:  

/s/ DAN MOSES

  Dan Moses
  Attorney-in-Fact

* Pursuant to a Power of Attorney filed with Registration Statement No. 333-85832, filed by the Registrant on April 8, 2002.