SECURITIES AND EXCHANGE COMMISSION
| x | QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the quarterly period ended September 30, 2010
| ¨ | 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 001-33117
(Exact Name of Registrant as Specified in Its Charter)
| Delaware | | 41-2116508 |
| (State or Other Jurisdiction of | | (I.R.S. Employer Identification No.) |
| Incorporation or Organization) | | |
Covington, Louisiana 70433
(Address of principal executive offices and zip code)
Registrant’s telephone number, including area code
Indicate by check mark if the Registrant is a well-known seasoned issuer as defined in Rule 405 of the Securities Act. Yes o No x
Indicate by check mark if the Registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act. Yes o No x
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 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. 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 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 x |
| | | |
Non-accelerated filer o | | Smaller reporting company x |
| (Do not check if a smaller reporting company) | | |
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 October 29, 2010, 289,998,586 shares of voting common stock and 19,275,750 shares of nonvoting common stock were outstanding. Unless the context otherwise requires, references to common stock in this Report mean Registrant’s voting common stock.
EXPLANATORY NOTE
Globalstar, Inc. (the “Company”) is filing this Amendment No. 1 (the “Amendment”) to its Quarterly Report on Form 10-Q for the quarter ended September 30, 2010, which was originally filed with the Securities and Exchange Commission (the “Commission”) on November 9, 2010 (the “Original Filing”), for the purpose of including the previously omitted Exhibit 10.1 referred to in the Original Filing (the “Exhibit”). The inadvertent omission of the Exhibit resulted from an error by the Company's financial printer. In addition, pursuant to the rules of the Commission, the Chief Executive Officer and the Chief Financial Officer of the Company have reissued certain of their certifications. Item 6 of Part II is being refiled with this Amendment and reflects the filing of such certifications and the Exhibit. This Amendment is being filed solely to correct the erroneous exclusion by the Company's financial printer of the Exhibit, and is not being filed to otherwise amend, alter or modify the Original Filing.
| Number | | Description |
| 10.1 | | COFACE Facility Agreement between Globalstar, Inc., BNP Paribas, Societe Generale, Natixis, Calyon and Credit Industrial et Commercial date June 5, 2009, conformed to include amendments through October 28, 2010. |
| | | |
| 31.1 | | Section 302 Certification of the Chief Executive Officer |
| | | |
| 31.2 | | Section 302 Certification of the Chief Financial Officer |
| 32.1* | | Section 906 Certifications (incorporated by reference to Exhibit 32.1 of the Company’s Quarterly Report on Form 10-Q, filed with the Securities and Exchange Commission on November 9, 2010) |
| * | | Incorporated by reference |
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.
| | GLOBALSTAR, INC. | |
| | | |
| | /s/Peter J. Dalton | |
| | | |
| Date: November 10, 2010 | Peter J. Dalton | |
| | Chief Executive Officer |
| | | |
| | /s/ Dirk Wild | |
| | | |
| Date: November 10, 2010 | Dirk Wild | |
| | Senior Vice President and Chief Financial Officer |
