| As filed with the Securities and Exchange Commission on March 8, 2013 |
| Registration No. 333-167789 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION |
| Washington, D.C. 20549 |
POST-EFFECTIVE AMENDMENT NO. 1
TO
FORM S-3
REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933
(Exact name of registrant as specified in its charter)
| | | |
| Delaware | | 20-0161599 |
(State or other jurisdiction of incorporation or organization) | | (I.R.S. Employer Identification Number) |
440 Stevens Avenue, Suite 200,
Solana Beach, CA 92075
(858) 480-0400
(Address, including zip code, and telephone number, including area code, of registrant’s principal executive offices)
Cooper C. Collins
Chief Executive Officer
Pernix Sleep, Inc.
440 Stevens Avenue, Suite 200,
Solana Beach, CA 92075
(858) 876-6500
(Name, address, including zip code, and telephone number, including area code, of agent for service)
Michael E. Sullivan, Esq. Latham & Watkins LLP 12636 High Bluff Drive, Suite 400 San Diego, CA 92130 (858) 523-5400 | | Allen E. Frederic, III Jones Walker L.L.P. 201 St. Charles Avenue New Orleans, LA 70170-5100 (504) 582-8000 |
DEREGISTRATION OF SECURITIES
This Post-Effective Amendment relates to the Registration Statement on Form S-3 (Registration No. 333-167789) filed on June 25, 2010, pertaining to Debt Securities, Preferred Stock, Common Stock, Debt Warrants and Equity Warrants to Purchase Debt Securities, Common Stock or Preferred Stock of Pernix Sleep, Inc.
The undersigned Registrant hereby removes and withdraws from registration all securities registered pursuant to this Registration Statement which remain unissued.
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, as amended, and Rule 478 thereunder, the Registrant has duly caused this Post-Effective Amendment to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of San Diego, State of California, on March 8, 2013.
| | PERNIX SLEEP, INC. | |
| | | | |
| Date: March 8, 2013 | By: | /s/ Cooper C. Collins | |
| | | Name: Cooper C. Collins | |
| | | Its: President and Chief Executive Officer | |
| | | | |
