United States Securities and Exchange Commission
Washington, D.C. 20549
FORM 10-Q/A
(Amendment No. 1)
(Mark One)
| þ | QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the quarterly period ended September 30, 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 001-33118
ORBCOMM INC.
(Exact name of registrant as specified in its charter)
| Delaware | 41-2118289 | |
| (State or other jurisdiction of incorporation or organization) | (I.R.S. Employer Identification No.) |
2115 Linwood Avenue, Fort Lee, New Jersey 07024
(Address of principal executive offices)
(Address of principal executive offices)
(201) 363-4900
(Registrant’s telephone number)
(Registrant’s telephone number)
N/A
(Former name, former address and formal fiscal year, if changed since last report)
(Former name, former address and formal fiscal year, if changed since last report)
Indicate by check mark whether the registrant (1) filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yesþ Noo
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 during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files). Yeso Noo
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. (Check one):
| Large accelerated filero | Accelerated filerþ | Non-accelerated filero (Do not check if a smaller reporting company) | Smaller reporting companyo |
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). Yeso Noþ
The number of shares outstanding of the registrant’s common stock as of November 5, 2009 is 42,455,531.
EXPLANATORY NOTE
ORBCOMM Inc. (the “Company”) is filing this Amendment No. 1 on Form 10-Q/A (the “Form 10-Q/A”) to its Quarterly Report on Form 10-Q for the quarter ended September 30, 2009 (the “Form 10-Q”), as filed with the Securities and Exchange Commission (the “SEC”) on November 11, 2009, in response to communications with SEC in connection with a confidential treatment request with respect to Exhibit 10.1. Item 6 of Part II of Form 10-Q is hereby amended to include a revised redacted version of Exhibit 10.1 which contains fewer redactions than previously filed.
The new Exhibit 10.1 is the only change being made to the Company’s Form 10-Q. Accordingly, this Form 10-Q/A does not reflect events occurring after the filing of the Form 10-Q or modify or update any related or other disclosures.
| Item 6. | Exhibits |
PART II. OTHER INFORMATION
| Exhibit | |||
| No. | Description | ||
| * †† 10.1 | Falcon 1e Commercial Launch Services Agreement, dated August 28, 2009 between the Company and Space Exploration Technologies Corporation. | ||
| ** 31.1 | Certification of Chief Executive Officer and President required by Rule 13a-14(a). | ||
| ** 31.2 | Certification of Executive Vice President and Chief Financial Officer required by Rule 13a-14(a). | ||
| * 31.3 | Certification of Chief Executive Officer and President required by Rule 13a-14(a). | ||
| * 31.4 | Certification of Executive Vice President and Chief Financial Officer required by Rule 13a-14(a). | ||
| *** 32.1 | Certification of Chief Executive Officer and President required by Rule 13a-14(b) and 18 U.S.C. Section 1350. | ||
| *** 32.2 | Certification of Executive Vice President and Chief Financial Officer required by Rule 13a-14(b) and 18 U.S.C. Section 1350. | ||
| †† | Portions of this exhibit have been omitted and filed separately with the Office of the Secretary of the Securities and Exchange Commission pursuant to a confidential treatment request. | |
| * | Filed herewith | |
| ** | Previously filed with the Quarterly Report on Form 10-Q for the quarter ended September 30, 2009 | |
| *** | Previously furnished with the Quarterly Report on Form 10-Q for the quarter ended September 30, 2009 |
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
| ORBCOMM Inc. (Registrant) | ||||
| Date: March 5, 2010 | /s/ Marc J. Eisenberg | |||
| Marc J. Eisenberg, | ||||
| President and Chief Executive Officer (Principal Executive Officer) | ||||
| Date: March 5, 2010 | /s/ Robert G. Costantini | |||
| Robert G. Costantini, | ||||
| Executive Vice President and Chief Financial Officer (Principal Financial and Accounting Officer) | ||||
Exhibit Index
| Exhibit | |||
| No. | Description | ||
| †† 10.1 | Falcon 1e Commercial Launch Services Agreement, dated August 28, 2009 between the Company and Space Exploration Technologies Corporation. | ||
| 31.3 | Certification of Chief Executive Officer and President required by Rule 13a-14(a). | ||
| 31.4 | Certification of Executive Vice President and Chief Financial Officer required by Rule 13a-14(a). | ||
| †† | Portions of this exhibit have been omitted and filed separately with the Office of the Secretary of the Securities and Exchange Commission pursuant to a confidential treatment request. | |
PAGE
EXHIBIT INDEX
| EXHIBIT DESCRIPTION | EXHIBIT NO. | |
| Falcon 1e Commercial Launch Services Agreement dated August 28, 2009 | 10.1* |
| * | Registrant requested confidential treatment pursuant to Rule 24b-2 for a portion of the referenced exhibit and is filing a redacted version with this report. |