UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K/A (AMENDMENT NO. 1) CURRENT REPORT PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): January 14, 2005 AMEDIA NETWORKS, INC. (Exact name of registrant as specified in its charter) - ----------------------------- --------------------------- ---------------------- Delaware 0-22055 11-3223672 - ----------------------------- --------------------------- ---------------------- (State or other jurisdiction (Commission File Number) (IRS Employer of incorporation) Identification No.) - ----------------------------- --------------------------- ---------------------- 101 Crawfords Corner Road, Holmdel, New Jersey 07733 (Address of principal executive offices, including Zip Code) (732) 949-2350 (Registrant's telephone number, including area code) (Former name or former address, if changed since last report.) Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below): [ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) [ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) [ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) [ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) EXPLANATORY NOTE THE CURRENT REPORT ON FORM 8-K FILED BY THE REGISTRANT ON DECEMBER 23, 2004 (THE "ORIGINAL 8-K") INADVERTENTLY ERRONEOUSLY REPORTED THE AMOUNT OF THE MONTHLY PAYMENTS TO BE MADE BY THE REGISTRANT UNDER THE AGREEMENT REPORTED ON THEREIN. THIS AMENDMENT NO. 1 ON FORM 8-K/A IS BEING FILED TO CORRECT THAT ERROR. THE DISCLOSURE BELOW AMENDS AND RESTATES IN ITS ENTIRETY THE DISCLOSURE CONTAINED IN THE ORIGINAL 8-K. ITEM 1.01 ENTRY INTO A MATERIAL DEFINITIVE AGREEMENT. On December 17, 2004, Amedia Networks, Inc. (the "Company") entered into a service agreement (the "Agreement") with Elite Financial Communications Group, LLC ("Elite"), pursuant to which Elite has agreed to provide investor relation services to the Company in consideration of payment of $7,500 per month (plus expenses). The term of the agreement is twelve months; provided, however, that at any time after February 15, 2005 the Company may terminate the agreement for any reason, or for no reason, on 30-days written notice to Elite. Ivan Berkowitz, a non-employee director of the Company, is a partner and managing member of Elite. ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS (a) Financial Statements. None. (b) Pro Forma Financial Information. None. (c) Exhibits. None. 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 hereunto duly authorized. DATED: JANUARY 14, 2005 /S/ FRANK GALUPPO FRANK GALUPPO PRESIDENT AND CHIEF EXECUTIVE OFFICER