As filed with the Securities and Exchange Commission on December 30, 2003
Registration No. 333-89038
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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POST-EFFECTIVE AMENDMENT NO. 1 TO
FORM S-8
REGISTRATION STATEMENT
UNDER THE SECURITIES ACT OF 1933
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TELEBYTE, INC.
(Exact name of registrant as specified in its charter)
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Delaware 11-2510138
(State or other jurisdiction of (I.R.S. Employer Identification No.)
incorporation or organization)
270 Pulaski Road
Greenlawn, NY 11740
(Address of Principal Executive Offices) (Zip Code)
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TELEBYTE, INC. 2001 STOCK OPTION PLAN
TELEBYTE, INC. 2001 EMPLOYEE STOCK PURCHASE PLAN
(Full title of the plan)
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Kenneth S. Schneider
270 Pulaski Road
Greenlawn, NY 11740
(631) 423-3232
(Name, address and telephone number, including area code, of agent for service)
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Copy to:
Shalom Leaf, Esq.
Hogan & Hartson L.L.P.
875 3rd Avenue
New York, NY 10022
(212) 918-3000
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DEREGISTRATION OF UNSOLD SECURITIES
This Post-Effective Amendment No. 1 relates to the Registration Statement
on Form S-8 (File No. 333-89038) (the "Registration Statement") of Telebyte,
Inc. (the "Company") which was filed with the Securities and Exchange Commission
and became effective on May 24, 2002. The Registration Statement registered an
aggregate 900,000 shares of the Company's common stock, par value $0.01 per
share (the "Common Stock"), for offering pursuant to the Company's 2001 Stock
Option Plan and 2001 Employee Stock Purchase Plan.
As previously announced, the Company's board of directors unanimously
approved plans to deregister the Common Stock under the Securities and Exchange
Act of 1934, as amended. In connection with the approval of those plans, the
board of directors of the Company approved the termination of the offering
pursuant to the Registration Statement. In accordance with an undertaking made
by the Company in the Registration Statement to remove from registration, by
means of a post-effective amendment, any of the securities which remain unsold
at the termination of the offering, the Company hereby removes from registration
the securities of the Company registered but unsold under the Registration
Statement as of the date of this Post-Effective Amendment No. 1.
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SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, as amended,
the Registrant certifies that it has reasonable grounds to believe that it meets
all of the requirements for filing on Form S-8 and has duly caused this
Post-Effective Amendment No. 1 to be signed on its behalf by the undersigned,
thereunto duly authorized, in the City of Greenlawn, State of New York on
December 30, 2003.
TELEBYTE, INC.
By: /S/ Kenneth S. Schneider
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Kenneth S. Schneider
Chairman of the Board and
Chief Executive Officer
Pursuant to the requirements of the Securities Act of 1933, as amended,
this Post-Effective Amendment No. 1 has been signed on December 30, 2003 by the
following persons in the capacities indicated:
SIGNATURE TITLE
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/s/ Kenneth Schneider Chairman of the Board of Directors and
------------------------------ Chief Executive Officer
Kenneth S. Schneider
/s/ Michael Breneisen President, Chief Financial Officer
------------------------------ (Principal Financial and Accounting
Michael Breneisen Officer)
/S/ Jonathan Casher
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Jonathan Casher Director
/S/ Jamil Sopher
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Jamil Sopher Director