POS AM 1 v163896_pos-am.htm
As filed with the Securities and Exchange Commission on October 27, 2009
 
Registration No. 333-146995
 
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549

 
POST-EFFECTIVE AMENDMENT NO. 1
to
FORM S-3
 
REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933
 
MMC ENERGY, INC.
(Exact name of registrant as specified in its charter)
 
Delaware
    
98-0493819
(State or Jurisdiction of
Incorporation or Organization)
    
(I.R.S. Employer
Identification No.)
 
26 Broadway, Suite 960
New York, New York 10004
(212) 977-0900
 
(Address, including zip code, and telephone number, including area code, of registrant’s principal executive offices)
 
_____________________________
 
Denis Gagnon
26 Broadway, Suite 960
New York, New York 10004
Tel: (212) 977-0900
Fax: (212) 785-7640
 
(Name, address, including zip code, and telephone number, including area code, of agent for service)
 
_____________________________
Copy to:
 
John Edwin Depke, Esq.
DLA Piper LLP (US)
1251 Avenue of the Americas
New York, New York 10020-1104
Tel: (212) 335-4500
Fax: (212) 335-4501

 
Approximate Date of Proposed Sale to the Public: Not applicable.
 
If the only securities being registered on this Form are being offered pursuant to dividend or interest reinvestment plans, please check the following box. o
 
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 reinvestment plans,  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. o
 
 
 
 
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company.
Large accelerated filer  ¨
Non-accelerated filer  ¨
Accelerated filer  ¨
Smaller reporting company  x

 
DEREGISTRATION OF SECURITIES
 
Pursuant to a Form S-3 registration statement (Registration No. 333-146995) (the “Registration Statement”) filed with the Securities and Exchange Commission on October 29, 2007, MMC Energy, Inc. (the “Company”) covering 409,708 shares of common stock, par value $0.001, being offered for resale by a certain “selling stockholder” named in the Registration Statement.
 
On September 30, 2009 the Company filed a certificate of dissolution with the Delaware Secretary of state pursuant to its Plan of Complete Liquidation and Dissolution, which was approved by the Board of Directors and stockholders of the Company (the “Liquidation”). In connection with the Liquidation, the Registration Statement is hereby withdrawn and all securities registered for resale hereunder, which remain unsold as of the date hereof, are hereby removed from registration.
 

SIGNATURES
 
Pursuant to the requirements of the Securities Act of 1933, the registrant certifies that it has reasonable grounds to believe that it meets all of the requirements of filing on Form S-3 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 New York, State of New York on October 27, 2009.
 
 
MMC Energy, Inc.
  
       
 
By:
/s/ Michael Hamilton  
    Name: Michael Hamilton  
   
Title: Chief Executive Officer
  
 
 
POWER OF ATTORNEY
 
KNOW ALL MEN BY THESE PRESENTS, that each of the undersigned whose signature appears below hereby appoints Michael Hamilton and Denis Gagnon as his or her true and lawful attorney-in-fact to sign on his or her behalf and individually and in the capacity stated below and to file all amendments (including post-effective amendments) and make such changes and additions to this Registration Statement, including any subsequent registration statement for the same offering that may be filed under Rule 462(b), and to file the same, with all exhibits thereof, and other documents in connection therewith, with the Securities and Exchange Commission, granting unto said attorney-in-fact and agent full power and authority to do and perform each and every act and thing requisite and necessary to be done in and about the premises, as fully to all intents and purposes as he might or could do in person, hereby ratifying and confirming all that said attorney-in-fact and agent, or either of them, their substitute or substitutes may lawfully do or cause to be done by virtue hereof.
 
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/ Michael Hamilton
Chief Executive Officer, President and
October 27, 2009
Michael Hamilton
Chairman of the Board of Directors
  
     
/s/ Denis Gagnon
Chief Financial Officer, Principal
October 27, 2009
Denis Gagnon
Accounting Officer and Director
  
     
/s/ Richard Bryan
Director
October 27, 2009
Richard Bryan
    
     
/s/ Frederick W. Buckman
Director
October 27, 2009
Frederick W. Buckman
    
     
/s/ Philip Harris
Director
October 27, 2009
Phillip Harris
    
     
/s/ Peter Likins
Director
October 27, 2009
Peter Likins
    
     
/s/ George Rountree III
Director
October 27, 2009
George Rountree III