SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
...........
FORM 10-K/A
Amendment No. 1
(Mark One)
[X] ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES
EXCHANGE ACT OF 1934
For the fiscal year ended December 31, 2006
......................
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 0-19306
EXCEL TECHNOLOGY, INC.
(Exact name of Registrant as specified in its Charter)
Delaware 11-2780242
(State or other jurisdiction (I.R.S. Employer
of Incorporation or Organization) Identification No.)
41 Research Way (631) 784-6175
E. Setauket, NY 11733 (Registrant's Telephone Number)
(Address of Principal Executive Offices)
Securities registered pursuant to Section 12(b) of the Act:
None.
Securities registered pursuant to Section 12(g) of the Act:
Common Stock, par value $.001 per share
.......................................
Indicate by check mark if the registrant is a well-known seasoned
issuer, as defined in Rule 405 of the Securities Act. [ ] Yes [X] No
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 [X] No
Indicate by check mark whether the registrant (1) has filed all reports
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. [X] Yes [ ] No
Indicate by check mark if disclosure of delinquent filers pursuant to
Item 405 of Regulation S-K is not contained herein, and will not be
contained, to the best of registrant's knowledge, in definitive proxy or
information statements incorporated by reference in Part III of this
Form 10-K or any amendment to this Form 10-K. [ ]
Indicate by check mark whether the registrant is a large accelerated
filer, an accelerated filer, or a non-accelerated filer. See definition
of "accelerated filer and large accelerated filer" in Rule 12b-2 of the
Exchange Act (Check one):
Large Accelerated filer [ ] Accelerated filer [X]
Non-accelerated filer [ ]
Indicate by check mark whether the registrant is a shell company (as
defined in Rule 12b-2 of the Act. [ ] Yes [X] No
The aggregate market value of the common stock held by non-affiliates of
the registrant was $354,077,170 based on the last sale price of the
common stock as reported by NASDAQ on June 30, 2006. Shares held by
each officer and director and by each person who owns 10% or more of the
outstanding common stock have been excluded in that such persons may be
deemed to be affiliates. The determination of affiliate status is not
necessarily a conclusive determination for other purposes.
The number of shares of the Registrant's common stock outstanding as of
February 20, 2007 was: 12,090,638.
DOCUMENTS INCORPORATED BY REFERENCE:
Definitive Proxy Statement to be filed in connection with the
Registrant's 2007 Annual Meeting of Stockholders (incorporated by
reference under Part III)
Explanatory Note
This Amendment No. 1 on Form 10-K/A ("Amendment No. 1"), is being
filed by Excel Technology, Inc. to amend our Annual Report on Form 10-K
for the fiscal year ended December 31, 2006 filed with the Securities
and Exchange Commission ("SEC"), on February 20, 2007, (the "Initial
Report") for the sole purpose of amending Exhibit 23.1, Consent of
Independent Registered Public Accounting Firm, to correct a
typographical error on the dates in the consent. This Amendment No. 1
does not change our previously reported financial statements and other
financial disclosures contained in our Initial Report.
EXHIBIT 23.1
CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
The Board of Directors
Excel Technology, Inc.:
We consent to the incorporation by reference in the registration
statements (No. 33-71122, 333-59340, 333-117513 and 333-140063) on Form
S-8 of Excel Technology, Inc. of our reports dated February 16, 2007
with respect to the consolidated balance sheets as of December 31, 2006
and 2005, and the related consolidated statements of income,
stockholders' equity and comprehensive income, and cash flows for each
of the years in the three-year period ended December 31, 2006, and the
related financial statement schedule, management's assessment of the
effectiveness of internal control over financial reporting as of
December 31, 2006 and the effectiveness of internal control over
financial reporting as of December 31, 2006, which reports appear in the
December 31, 2006 Annual Report on Form 10-K of Excel Technology, Inc.
Our report refers to the adoption of Statement of Financial Accounting
Standards No. 123(R), "Share-Based Payment," effective January 1, 2006.
/s/ KPMG LLP
Melville, New York
February 16, 2007
SIGNATURES
PURSUANT TO THE REQUIREMENTS OF SECTION 13 OR 15 (d) 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.
EXCEL TECHNOLOGY, INC.
By: /s/ Alice H. Varisano
..........................................
Alice H. Varisano, Chief Financial Officer
Date: February 21, 2007