-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, JVwW0pJmhLBpgX4YJfSBr2/xWyNNCnj8tjdp+/yuy7x1Wn+bZlmgUcyZYbodhuEe suVY1Ln1SjwSkSWHRUBaZw== 0001011723-02-000075.txt : 20020528 0001011723-02-000075.hdr.sgml : 20020527 20020528165200 ACCESSION NUMBER: 0001011723-02-000075 CONFORMED SUBMISSION TYPE: POS AM PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20020528 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ATEL CAPITAL EQUIPMENT FUND IX LLC CENTRAL INDEX KEY: 0001125264 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-EQUIPMENT RENTAL & LEASING, NEC [7359] IRS NUMBER: 943375584 STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: POS AM SEC ACT: 1933 Act SEC FILE NUMBER: 333-47196 FILM NUMBER: 02663753 BUSINESS ADDRESS: STREET 1: 235 PINE ST STREET 2: 6TH FLR CITY: SAN FRANCISCO STATE: CA ZIP: 94104 BUSINESS PHONE: 4159898800 MAIL ADDRESS: STREET 1: 235 PINE STREET STREET 2: 6TH FLOOR CITY: SAN FRANCISCO STATE: CA ZIP: 94104 POS AM 1 atel9posam8.txt AMENDMENT NO. 8 Registration No. 333-47196 - -------------------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 Post-Effective Amendment No. 8 to Form S-1 Registration Statement Under The Securities Act of 1933 ------------ ATEL CAPITAL EQUIPMENT FUND IX, LLC (Exact name of registrant as specified in governing instruments) California 7394 94-3375584 (State or other juris- (Primary standard (IRS Employer diction of organization) industrial classification Identification number) code number) 235 Pine Street, 6th Floor San Francisco, California 94104 (415) 989-8800 (Address, including zip code, and telephone number, including area code, of principal executive offices) ------------ DEAN L. CASH 235 Pine Street, 6th Floor San Francisco, California 94104 (415) 989-8800 (Name, address, including zip code, and telephone number, including area code, of agent for service) ------------ With a copy to: PAUL J. DERENTHAL, ESQ. Derenthal & Dannhauser One Post Street, Suite 575 San Francisco, California 94104 (415) 981-4844 ------------ Approximate date of commencement of proposed sale to the public: As soon as practicable after this Registration Statement becomes effective. 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, check the following box. /X/ If this Form is filed to register additional securities for an offering pursuant to Rule 462(b) 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. /__/ 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 this Form is a post-effective amendment filed pursuant to Rule 462(d) 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. /__/ If delivery of the prospectus is expected to be made pursuant to Rule 434, please check the following box. /__/ PART II INFORMATION NOT REQUIRED IN PROSPECTUS ITEM 16. Exhibits and Financial Statement Schedules. (a) Exhibits. Number Exhibits 23.1 Consent of Ernst & Young LLP 24.1 Powers of Attorney are set forth in Part II of the initial Registration Statement on Form S-1 filed as of October 3, 2000 (b) Financial Statements Included in the Prospectus: ATEL Capital Equipment Fund IX, LLC The balance sheet of ATEL Capital Equipment Fund IX, LLC (a development stage enterprise) as of October 6, 2000, and the related statements of changes in members' capital and cash flows for the period from September 27, 2000 (inception) through October 6, 2000 ATEL Financial Corporation The consolidated balance sheet of ATEL Financial Corporation and subsidiary as of July 31, 2000 Financial Statements Included in the Supplement: ATEL Capital Equipment Fund IX, LLC Balance Sheets, December 31, 2001 and 2000; Statement of Income for the year ended December 31, 2001; Statements of Changes in Members' Capital and Cash Flows for the period from September 27, 2000 (Inception) to December 31, 2000 and the year ended December 31, 2001; Statement of Cash Flows for the period from September 27, 2000 (inception) and the year ended December 31, 2001; Notes to Financial Statements ATEL Financial Services, LLC Consolidated Balance Sheet, July 31, 2000; Notes to Consolidated Balance Sheet; Consolidated Balance Sheet, July 31, 2001; Notes to Consolidated Balance Sheet; Consolidated Balance Sheet, January 31, 2002 (unaudited); Notes to Consolidated Balance Sheet (unaudited) II-1 SIGNATURES Pursuant to the requirements of the Securities Act of 1933, the Registrant has duly caused this registration statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of San Francisco, State of California, on the 28th day of May, 2002. ATEL CAPITAL EQUIPMENT FUND IX, LLC By: ATEL Financial Services, LLC a California limited liability company, Manager By: ATEL Capital Group, Its Manager By: DEAN L. CASH* ---------------------------- Dean L. Cash, President 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 dates indicated. Signature Capacity Date DEAN L. CASH* Principal Executive Officer of May 28, 2002 - -------------------- Registrant; Chief executive Dean L. Cash officer and director of ATEL Capital Group /s/ PARITOSH CHOKSI Principal financial May 28, 2002 - --------------------- officer and principal Paritosh Choksi accounting officer of Registrant; Executive vice president, chief financial officer and chief accounting officer of ATEL Capital Group * By: /s/ PARITOSH CHOKSI ----------------------- Paritosh Choksi, as Attorney- in-Fact for such person II-2 INDEX TO EXHIBITS Exhibit Sequentially Number Exhibit Numbered Page 23.1 Consent of Ernst & Young LLP 24.1 Powers of Attorney are set forth in Part II of the Registration Statement on Form S-1 - --------------------- EX-23 3 atel9consent.txt CONSENT OF ERNST & YOUNG LLP CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS We consent to the references to our firm under the captions "Experts" and to the use of our reports dated October 9, 2000 and February 1, 2002, with respect to ATEL Capital Equipment Fund IX, LLC, dated September 15, 2000 (except Notes 1 and 4, as to which the date is December 27, 2001), as restated, with respect to ATEL Financial Corporation and subsidiary, and dated October 1, 2001 (except Note 1, as to which the date is December 27, 2001), as restated, with respect to ATEL Financial Services LLC and subsidiary in Post Effective Amendment No. 7 to the Registration Statement (Form S-1 No. 333-47196) and the Prospectus and related Supplement dated February 28, 2002 of ATEL Capital Equipment Fund IX, LLC for the registration of 15,000,000 limited liability company units. /s/ Ernst & Young LLP San Francisco, California May 22, 2002 -----END PRIVACY-ENHANCED MESSAGE-----