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U.S. SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 10-Q/A
(AMENDMENT NO.1 TO FORM 10-Q)
(Mark One)
[X] Quarterly report pursuant to Section 13 or 15(d) of the Securities
Exchange Act of 1934
For the quarterly period ended March 31, 2002
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
000-19627
BIOLASE TECHNOLOGY, INC.
(Exact Name of Registrant as Specified in Its Charter)
Delaware 87-0442441
(State or other Jurisdiction of (I.R.S. Employer
Incorporation or Organization) Identification No.)
981 Calle Amanecer, San Clemente, CA 92673
(Address of Principal Executive Offices)
(949) 361-1200
(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 No
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Indicate the number of shares outstanding of each of the issuer's
classes of common stock, as of the latest practicable date.
Common Stock, $.001 par value 20,027,948
Title of Class Number of Shares Outstanding
at April 22, 2002
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PORTIONS AMENDED/EXPLANATORY NOTE
Our Quarterly Report on Form 10-Q for the quarterly period ended March 31,
2002 was originally filed with the Securities and Exchange Commission on May 15,
2002. We are filing this Amendment on Form 10-Q/A solely to modify our request
for confidential treatment of certain portions of Exhibits 10.1, 10.3 and 10.5
filed with the original Quarterly Report on Form 10-Q, in response to comments
received from the Securities and Exchange Commission. Except as set forth in
Exhibits 10.1, 10.3 and 10.5 filed with this Amendment on Form 10-Q/A, no other
changes or amendments are made to our original Quarterly Report on Form 10-Q.
This Amendment on Form 10-Q/A speaks only as of the date the Quarterly Report on
Form 10-Q was originally filed and, except as noted above, we have not
undertaken herein to amend, supplement or update any information contained in
the original Quarterly Report on Form 10-Q to give effect to subsequent events.
For a more recent description of our business and the risk factors that may
affect our business, results of operations and financial condition, we urge you
to carefully review and consider the various disclosures made by us in our other
reports and filings made with the Securities and Exchange Commission after March
31, 2002.
PART II - OTHER INFORMATION
Item 6. Exhibits and Reports on Form 8-K.
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(a) Exhibits
3.1 Restated Certificate of Incorporation, as Amended.
Incorporated by reference to the Registrant's Annual Report on
Form 10-K filed on April 14, 1994.
3.2 Amended and Restated Bylaws. Incorporated by reference to the
Registrant's Quarterly Report on Form 10-QSB filed on
September 15, 1995.
10.1+ Employment Offer Letter dated January 8, 1999 from Jeffrey W.
Jones, the Registrant's CEO, to Keith G. Bateman, the
Registrant's Vice President, Global Sales.
10.2 Employment Agreement dated January 1, 2002 between the
Registrant and Jeffrey W. Jones. Incorporated by reference to
the Registrant's Quarterly Report on Form 10-Q filed on May
15, 2002.
10.3+ Asset Purchase Agreement, dated January 29, 2002, between
Asclepion-Meditec AG and the Registrant's subsidiary, BIOLASE
Europe GmbH.
10.4 Agreement for the Purchase of a Built-Up Property, dated
January 29, 2002, between Asclepion-Meditec AG and the
Registrant's subsidiary, BIOLASE Europe GmbH. Incorporated by
reference to the Registrant's Quarterly Report on Form 10-Q
filed on May 15, 2002.
10.5+ Agreement, dated January 29, 2002, between Asclepion-Meditec
AG and the Registrant's subsidiary, BIOLASE Europe GmbH.
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+ Confidential treatment has been requested for certain confidential
portions of this exhibit pursuant to Rule 24b-2 under the Securities Exchange
Act of 1934. In accordance with Rule 24b-2, these confidential portions have
been omitted from this exhibit and filed separately with the SEC.
(b) Reports on Form 8-K
None
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, as
amended, the Registrant has duly caused this report to be signed on its behalf
by the undersigned thereunto duly authorized.
July 24, 2002 BIOLASE TECHNOLOGY, INC.,
(Registrant)
By: /s/ Edson J. Rood
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Edson J. Rood
Vice President and
Chief Financial Officer
(Principal Financial and
Accounting Officer)
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