SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-Q/A
(Amendment No. 1)
QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d)
OF THE SECURITIES EXCHANGE ACT OF 1934
For the quarterly period ended April 30, 2010
Commission file number 0-11254
| COPYTELE, INC. |
| (Exact name of registrant as specified in its charter) |
| Delaware | | 11-2622630 |
| (State or other jurisdiction of | | (I.R.S. Employer |
| incorporation or organization) | | Identification no.) |
| | | |
| 900 Walt Whitman Road | | |
| Melville, NY | | 11747 |
| (Address of principal executive offices) | | (Zip Code) |
| (631) 549-5900 |
| (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 X & #160; No ___
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 (§232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files).
Yes X 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.
| Large accelerated filer [ ] | Accelerated filer [ ] |
| Non-accelerated filer [ ] (Do not check if a smaller reporting company) | Smaller Reporting Company [x ] |
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act).
Yes ____ No X
Indicate the number of shares outstanding of each of the issuer's classes of common stock, as of the latest practicable date.
On September 9, 2010, the registrant had outstanding 151,816,538 shares of Common Stock, par value $.01 per share, which is the registrant’s only class of common stock.
This Amendment No. 1 on Form 10-Q/A is being filed by CopyTele, Inc. to correct the box checked on the cover page to indicate that the Company is a smaller reporting company. The Company erroneously indicated it was a non-accelerated filer on the cover page of the Form 10-Q filed with the Securities and Exchange Commission on June 14, 2010. There were no other changes to the Form 10-Q.
Item 6. Exhibits.
| 31.1 Certification of Chief Executive Officer, pursuant to Section 302 of the |
| Sarbanes-Oxley Act of 2002, dated September 14, 2010. |
| |
| 31.2 Certification of Chief Financial Officer, pursuant to Section 302 of the Sarbanes- |
| Oxley Act of 2002, dated September 14, 2010. |
| |
| 32.1 Statement of Chief Executive Officer, pursuant to Section 1350 of Title 18 of the |
| United States Code, dated September 14, 2010. |
| |
| 32.2 Statement of Chief Financial Officer, pursuant to Section 1350 of Title 18 of the |
| United States Code, dated September 14, 2010. |
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.
| | COPYTELE, INC. |
| | |
| | |
| | By: /s/ Denis A. Krusos |
| | Denis A. Krusos |
| | Chairman of the Board and |
| | Chief Executive Officer |
| September 14, 2010 | (Principal Executive Officer) |
| | |
| | |
| | |
| | By: /s/ Henry P. Herms |
| | Henry P. Herms |
| | Vice President - Finance and |
| | Chief Financial Officer (Principal |
| September 14, 2010 | Financial and Accounting Officer) |
2
