As filed with the Securities and Exchange Commission on July 23, 2009
Registration No. 333-144077
Registration No. 333-145401
Registration No. 333-149483
Registration No. 333-157932
UNITED STATES
SECURITIES AND
EXCHANGE COMMISSION
Washington, D.C. 20549
POST-EFFECTIVE AMENDMENT NO. 1 TO
FORM S-8 REGISTRATION STATEMENT NO. 333-144077
POST-EFFECTIVE AMENDMENT NO. 1 TO
FORM S-8 REGISTRATION STATEMENT NO. 333-145401
POST-EFFECTIVE AMENDMENT NO. 1 TO
FORM S-8 REGISTRATION STATEMENT NO. 333-149483
POST-EFFECTIVE AMENDMENT NO. 1 TO
FORM S-8 REGISTRATION STATEMENT NO. 333-157932
Under
The Securities Act of 1933
Data Domain, Inc.
(Exact Name of
Registrant as Specified in Its Charter)
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Delaware
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94-3412175
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(State or other jurisdiction
of incorporation or organization)
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(I.R.S. Employer
Identification No.)
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2421 Mission College Blvd., Santa Clara, CA
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95054
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(Address of Principal Executive Offices)
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(Zip Code)
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2007 Equity Incentive Plan
2007 Employee Stock Purchase Plan
2002 Stock Plan
(Full title of the plans)
Paul T. Dacier
President
Data Domain, Inc.
c/o EMC Corporation
176 South Street
Hopkinton, Massachusetts 01748
(508) 435-1000
(Name and address of agent for service)
(408) 980-4800
(Telephone number, including area code, of agent for service)
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting
company. See the definitions of large accelerated filer, accelerated filer and smaller reporting company in Rule 12b-2 of the Exchange Act. (Check one):
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Large accelerated filer
¨
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Accelerated filer
þ
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Non-accelerated filer
¨
(Do not check if a smaller reporting company)
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Smaller reporting company
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EXPLANATORY NOTE:
REMOVAL OF SECURITIES FROM REGISTRATION
These post-effective amendments relate to the following
Registration Statements on Form S-8 (the
Registration Statements
) of Data Domain, Inc. (the
Company
):
File No. 333-144077, pertaining to the registration of 1,200,000 shares of common stock, par value $0.0001 per share of the Company (
Common Stock
), which was filed with the Securities and Exchange Commission (the
SEC
) and became effective on June 27, 2007;
File No. 333-145401, pertaining to the registration of 19,237,533
shares of Common Stock, which was filed with the SEC and became effective on August 13, 2007;
File No. 333-149483, pertaining to
the registration of 3,402,826 shares of Common Stock, which was filed with the SEC and became effective on February 29, 2008; and
File No. 333-157932, pertaining to the registration of 3,610,137 shares of Common Stock, which was filed with the SEC and became effective on March 13, 2009.
On July 8, 2009, the Company, EMC Corporation, a Massachusetts corporation (
EMC
) and Envoy Merger Corporation, a Delaware
corporation and a wholly owned subsidiary of EMC (
Purchaser
), entered into an Agreement and Plan of Merger pursuant to which Purchaser merged with and into the Company, with the Company surviving as a wholly owned subsidiary of
EMC (the
Merger
). The Merger became effective on July 23, 2009 as a result of the filing of the Certificate of Ownership and Merger with the Secretary of State of the State of Delaware.
The offerings contemplated by the Registration Statements have been terminated. Pursuant to the undertakings contained in Part II of the Registration
Statements, the Registrant is removing from registration, by means of post-effective amendments, any securities registered under the Registration Statements which remained unsold at the termination of the offering.
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, and Rule 478 thereunder, the Registrant has duly caused these post-effective amendments to be signed on its behalf by the undersigned, thereunto duly
authorized, on this 23rd day of July, 2009.
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Data Domain, Inc.
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By:
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/s/ Paul T. Dacier
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Name:
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Paul T. Dacier
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Title:
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President
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