As filed with the Securities and Exchange Commission on March 25, 2021
Registration No. 333-249783
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
POST-EFFECTIVE
AMENDMENT NO. 1
to
FORM S-1
REGISTRATION STATEMENT
Under
The Securities Act of 1933
fuboTV Inc.
(Exact name of Registrant as specified in its charter)
| Florida | | 4841 | | 26-4330545 |
(State or other jurisdiction of incorporation or organization) | | (Primary Standard Industrial Classification Code Number) | | (I.R.S. Employer Identification Number) |
fuboTV Inc.
1330 Avenue of the Americas
New York, NY 10019
(212) 672-0055
(Address, including zip code, and telephone number, including area code, of Registrant’s principal executive offices)
David Gandler
Chief Executive Officer
fuboTV Inc.
1330 Avenue of the Americas
New York, NY 10019
(212) 672-0055
(Name, address, including zip code, and telephone number, including area code, of agent for service)
| Copies to: |
| |
Robert G. Day, Esq. Megan J. Baier, Esq. Mark G.C. Bass, Esq. Wilson Sonsini Goodrich & Rosati, Professional Corporation 1301 Avenue of the Americas New York, NY 10019 (212) 999-5800 | | Simone Nardi Chief Financial Officer Gina Sheldon, Esq. General Counsel fuboTV Inc. 1330 Avenue of the Americas New York, NY 10019 (212) 672-0055 |
Approximate date of commencement of proposed sale to the public: This Post-Effective Amendment is being filed to deregister all of the unsold securities previously registered under the Registration Statement.
If any of the securities being registered on this Form are to be offered on a delayed or continuous basis pursuant to Rule 415 under the Securities Act of 1933, check the following box. ☐
If this Form is filed to register additional securities for an offering pursuant to Rule 462(b) under the Securities Act, please check the following box and list the Securities Act registration statement number of the earlier effective registration statement for the same offering. ☐
If this Form is a post-effective amendment filed pursuant to Rule 462(c) under the Securities Act, check the following box and list the Securities Act registration statement number of the earlier effective registration statement for the same offering. ☐
If this Form is a post-effective amendment filed pursuant to Rule 462(d) under the Securities Act, check the following box and list the Securities Act registration statement number of the earlier effective registration statement for the same offering. ☐
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, a smaller reporting company or an emerging growth company. See the definitions of “large accelerated filer,” “accelerated filer,” “smaller reporting company” and “emerging growth company” in Rule 12b-2 of the Exchange Act.
| | Large accelerated filer ☐ | | Accelerated filer ☐ |
| | Non-accelerated filer ☒ | | Smaller reporting company ☒ |
| | | | Emerging growth company ☐ |
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 7(a)(2)(B) of the Securities Act. ☐
DEREGISTRATION OF SECURITIES
On October 30, 2020, fuboTV Inc. (the “Company”) filed a registration statement on Form S-1 with the U.S. Securities and Exchange Commission, Registration Number 333-249783, as amended by Amendment No. 1 to Form S-1 filed on December 10, 2020 (collectively the “Registration Statement”), to register the resale by the selling shareholders named in the Registration Statement of up to 68,608,139 shares of common stock of the Company (the “Common Stock”). The Registration Statement was declared effective on December 14, 2020.
The Company is filing this Post-Effective Amendment No. 1 to the Registration Statement to deregister all of the shares of Common Stock that have not been sold pursuant to the Registration Statement as of the date hereof, as the Company does not have a contractual obligation to maintain the effectiveness of the Registration Statement. Pursuant to the Company’s undertaking in Part II, Item 17(a)(3) of the Registration Statement, the Company hereby amends the Registration Statement to remove from registration the shares of Common Stock covered by the Registration Statement which remain unsold.
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the registrant has duly caused this Registration Statement to be signed on its behalf by the undersigned, thereunto duly authorized, in City of New York, State of New York, on the 25th day of March, 2021.
| | fuboTV Inc. |
| | |
| | By: | /s/ David Gandler |
| | | David Gandler |
| | | Chief Executive Officer |
| Signature | | Title | | Date |
| | | | | |
| /s/ David Gandler | | Chief Executive Officer & Director (principal executive officer) | | |
| David Gandler | | | | March 25, 2021 |
| | | | | |
| /s/ Simone Nardi | | Chief Financial Officer (principal financial and accounting officer) | | |
| Simone Nardi | | | | March 25, 2021 |
| | | | | |
| * | | Executive Chairman & Director | | |
| Edgar Bronfman, Jr. | | | | March 25, 2021 |
| | | | | |
| * | | Director | | |
| Henry Ahn | | | | March 25, 2021 |
| | | | | |
| * | | Director | | |
| Daniel Leff | | | | March 25, 2021 |
| | | | | |
| * | | Director | | |
| Pär-Jörgen Pärson | | | | March 25, 2021 |
| | | | | |
| * | | Director | | |
| Ignacio Figueras | | | | March 25, 2021 |
| | | | | |
| * | | Director | | |
| Laura Onopchenko | | | | March 25, 2021 |
| *By: | /s/ Simone Nardi | |
| Name: | Simone Nardi | |
| | Attorney-in-fact | |
