As filed with the Securities and Exchange Commission on December 15, 2017
FileNo. 001-38289
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Amendment No. 1
to
FORM 10
GENERAL FORM FOR REGISTRATION OF SECURITIES
PURSUANT TO SECTION 12(b) OR 12(g) OF
THE SECURITIES EXCHANGE ACT OF 1934
Avaya Holdings Corp.
(Exact Name of Registrant as Specified in its Charter)
Delaware | 7372 | 26-1119726 | ||
(State or other jurisdiction of incorporation or organization) | (Primary Standard Industrial Classification Code Number) | (I.R.S. Employer Identification No.) |
4655 Great America Parkway
Santa Clara, California 95054
(Address of Principal Executive Offices)
(908)953-6000
(Registrant’s telephone number, including area code)
Copies to:
Adele C. Freedman Vice President & Deputy General Counsel, Corporate Law Avaya Holdings Corp. 4655 Great America Parkway Santa Clara, California 95054 (908)953-6000 | Joshua N. Korff, P.C. Michael Kim Kirkland & Ellis LLP 601 Lexington Avenue New York, New York 10022 (212)446-4800 |
Securities to be registered pursuant to Section 12(b) of the Act:
Title of each class to be so registered | Name of each exchange on which each class is to be registered | |
Common stock, $0.01 par value per share | New York Stock Exchange |
Securities to be registered pursuant to Section 12(g) of the Act: None.
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, anon-accelerated filer, smaller reporting company, or an emerging growth company. See the definitions of “large accelerated filer,” “accelerated filer,” “smaller reporting company” and “emerging growth company” inRule 12b-2 of the Exchange Act.
Large accelerated filer | ☐ | Accelerated filer | ☐ | |||
Non-accelerated filer | ☒ (Do not check if a smaller reporting company) | Smaller reporting company | ☐ | |||
Emerging growth company | ☐ |
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐
EXPLANATORY NOTE
Avaya Holdings Corp. is filing this Amendment No. 1 to its registration statement on Form 10 (FileNo. 001-38289) as an exhibits-only filing. Accordingly, this Amendment consists only of the facing page, this explanatory note, Item 15(b) of the Registration Statement, the signature page to the Registration Statement and the filed exhibits. The remainder of the Registration Statement is unchanged and has therefore been omitted.
Item 15. | Financial Statements and Exhibits |
(b) Exhibits
1
Number | Description | |
10.6* | Form of ABL Credit Agreement, dated as of December 15, 2017, among Avaya Inc., Avaya Holdings Corp., Avaya Canada Corp., Avaya UK, Avaya International Sales Limited, Avaya Deutschland GmbH, Avaya GmbH & Co. KG, Citibank, N.A. as collateral agent and administrative agent, the lending institutions from time to time party thereto and the lending institutions named therein as letters of credit issuers and swing line lenders. | |
10.7 | Avaya Holdings Corp. 2017 Equity Incentive Plan | |
10.8 | Executive Employment Agreement, dated November 13, 2017, between James M. Chirico, Jr. and Avaya Inc. | |
10.9* | Form of Award Agreement | |
21.1* | List of subsidiaries of Avaya Holdings Corp. |
* | To be filed by amendment. |
** | Previously filed. |
2
SIGNATURE
Pursuant to the requirements of Section 12 of the Securities Exchange Act of 1934, the registrant has duly caused this Registration Statement to be signed on its behalf by the undersigned, thereunto duly authorized.
Avaya Holdings Corp. | ||
By: | /s/ David Vellequette | |
Name: David Vellequette Title: Senior Vice President of Finance |
Dated: December 15, 2017