UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-Q/A
Amendment No. 1
(Mark One)
x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
For the quarterly period ended October 31, 2009
OR
o TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
For the transition period from to
Commission file number 000-26209
Ditech Networks, Inc.
(Exact name of registrant as specified in its charter)
Delaware |
| 94-2935531 |
(State or other jurisdiction of incorporation or |
| (I.R.S. Employer Identification Number) |
825 East Middlefield Road
Mountain View, California 94043
(650) 623-1300
(Address, including zip code, and telephone number, including area code, of registrant’s principal executive offices)
Indicate by check mark whether the Registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the past 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to the filing requirements for the past 90 days. YES x NO o
Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (§232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files). Yes o No 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. See the definitions of “large accelerated filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange Act:
Large accelerated filer o |
| Accelerated filer o |
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|
|
Non-accelerated filer o |
| Smaller reporting company x |
(Do not check if a smaller reporting company) |
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Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). YES o NO x
As of January 29, 2009, 26,348,377 shares of the Registrant’s common stock were outstanding.
EXPLANATORY NOTE
We are filing this amendment to our Quarterly Report on Form 10-Q, originally filed with the Securities and Exchange Commission on October 31, 2009, solely for the purpose of amending Exhibit 10.2 to reflect changes made in the portions of the Reseller Agreement, dated September 10, 2009, between Ditech Networks, Inc. and Simulscribe LLC, for which confidential treatment is requested. No other information included in the Quarterly Report on Form 10-Q is amended by this Form 10-Q/A. In addition, we are also including Exhibits 31.1 and 31.2 required by the filing of this amendment.
ITEM 6. EXHIBITS
See the Exhibit Index which follows the signature page of this Quarterly Report on Form 10-Q/A, which is incorporated herein by reference.
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
| DITECH NETWORKS, INC. |
| (Registrant) |
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Date: February 8, 2010 | /s/ WILLIAM J. TAMBLYN |
| William J. Tamblyn |
| CHIEF FINANCIAL OFFICER |
| (Principal Financial Officer) |
EXHIBIT INDEX TO FORM 10-Q/A
Exhibit |
| Description of document |
10.2(1) |
| Reseller Agreement, dated September 10, 2009, between Ditech Networks, Inc. and Simulscribe LLC. |
31.1 |
| Certification by Principal Executive Officer Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 |
31.2 |
| Certification by Principal Financial Officer Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 |
(1) Confidential treatment has been requested for portions of this exhibit.