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, 2008
OR
| ¨ | 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 001-33506
SHORETEL, INC.
(Exact name of Registrant as specified in its charter)
| Delaware | 77-0443568 | |
| (State or other jurisdiction of incorporation or organization) | (I.R.S. Employer Identification No.) | |
| 960 Stewart Drive, Sunnyvale, California | 94085-3913 | |
| (Address of principal executive offices) | (Zip Code) | |
(408) 331-3300
(Registrant’s telephone number, including area code)
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 þ No ¨
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 filer ¨ | Accelerated filer þ | Non-accelerated filer ¨ | Smaller reporting company ¨ | |||
| (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 Act). Yes ¨ No þ
As of December 4, 2008, 43,778,919 shares of the registrant’s common stock were outstanding.
Explanatory Note
This Amendment No. 1 to ShoreTel, Inc.’s Quarterly Report on Form 10-Q for the three months ended September 30, 2008 (the “Form 10-Q”) is being filed solely to provide corrected certifications pursuant to Exchange Act 13a-14(a) by inserting the subsection 4(b) regarding internal control over financial reporting that was inadvertently omitted from section 4 of the certifications previously filed as Exhibits 31.1 and 31.2 to the Form 10-Q.
There have been no changes from the original Form 10-Q other than described above. This Amendment No. 1 does not reflect events occurring after the original filing of the Form 10-Q, or modify or update in any way disclosures made in the Form 10-Q.
SIGNATURES
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.
Date: December 10, 2008
| ShoreTel, Inc. | ||
By: | /s/ Michael E. Healy | |
Michael E. Healy Chief Financial Officer | ||
EXHIBIT INDEX
Exhibit Number | Exhibit Title | |
| 31.1(1) | Rule 13a-14(a)/15d-14(a) Certification of Chief Executive Officer. | |
| 31.2(1) | Rule 13a-14(a)/15d-14(a) Certification of Chief Financial Officer. | |
| 32.1(1) | Section 1350 Certification of Chief Executive Officer. | |
| 32.2(1) | Section 1350 Certification of Chief Financial Officer. | |
| (1) | This certification accompanying this report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made before or after the date of the Report), irrespective of any general incorporation language contained in such filing. |