As filed with the Securities and Exchange Commission on August 29, 2003
Registration Statement No. 333-37174
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
POST-EFFECTIVE
AMENDMENT NO. 1
TO
FORM S-3
REGISTRATION STATEMENT
UNDER
THE SECURITIES ACT OF 1933
PHARMANETICS, INC.
(Exact name of registrant as specified in its charter)
| North Carolina | 56-2098302 | |
| (State or other jurisdiction of incorporation or organization) |
(I.R.S. Employer Identification No.) |
9401 Globe Center Drive, Suite 140
Morrisville, North Carolina 27560
(Address, including zip code, and telephone number, including area code, of
registrant’s principal executive offices)
JOHN P. FUNKHOUSER
President
PharmaNetics, Inc.
9401 Globe Center Drive, Suite 140
Morrisville, North Carolina 27560
(919) 582-2600
(Name, address, including zip code, and telephone number, including area code, of agent for service)
Copies to:
Kevin A. Prakke, Esq.
Wyrick Robbins Yates & Ponton LLP
4101 Lake Boone Trail, Suite 300
Raleigh, North Carolina 27607
(919) 781-4000
Fax (919) 781-4865
This Post-Effective Amendment No. 1 to Registration Statement on Form S-3 (No. 333-37174) shall hereafter become effective in accordance with the provisions of Section 8(c) of the Securities Act of 1933, as amended.
Deregistration of Securities
On May 16, 2000, the Registrant filed a registration statement on Form S-3 (No. 333-37174) which registered for resale by the selling shareholders named therein a total of 1,596,000 shares of the Registrant’s common stock. The Registrant’s contractual obligation to the selling shareholders to maintain the effectiveness of the registration statement has expired and all non-affiliate selling shareholders should now be eligible to effect resales of their shares under Rule 144. Accordingly, pursuant to the undertaking contained in the registration statement, the Registrant files this Post-Effective Amendment No. 1 to the registration statement solely for the purpose of terminating the registration statement and deregistering all of the 1,126,868 shares of common stock previously registered for resale under this registration statement that remain unsold as of the date of filing of this Post-Effective Amendment No. 1.
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the Registrant certifies that it has reasonable grounds to believe that it meets all of the requirements for filing on Form S-3 and has duly caused this post-effective amendment No. 1 to Registration Statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Morrisville, State of North Carolina, on this 29th day of August 2003.
| PHARMANETICS, INC.
| ||
| By: | /s/ John P. Funkhouser | |
| John P. Funkhouser, President | ||
Pursuant to the requirements of the Securities Act of 1933, this post-effective amendment No. 1 to Registration Statement has been signed by the following persons in the capacities and on the dates indicated.
| Signature |
Capacity |
Date | ||
| /s/ John P. Funkhouser John P. Funkhouser |
Director, President and Chief Executive Officer (Principal Executive Officer | August 29, 2003 | ||
|
/s/ Paul T. Storey Paul T. Storey |
Chief Financial Officer (Principal Accounting Officer) | August 29, 2003 | ||
|
/s/ James B. Farinholt, Jr. James B. Farinholt, Jr. |
Director | August 29, 2003 | ||
|
/s/ John K. Pirotte* John K. Pirotte |
Director | August 29, 2003 | ||
|
/s/ Stephen R. Puckett* Stephen R. Puckett |
Director | August 29, 2003 | ||
|
/s/ Phillip R. Tracy* Philip R. Tracy |
Director | August 29, 2003 | ||
|
/s/ Frances L. Tuttle* Frances L. Tuttle |
Director | August 29, 2003 | ||
|
/s/ Richard M. Johnson Richard M. Johnston |
Director | August 29, 2003 | ||
|
*By: /s/ John P. Funkhouser John P. Funkhouser Attorney-in-fact |
Director | August 29, 2003 | ||