As filed with the Securities and Exchange Commission on April 15, 2019
Registration No. 333-189500
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
POST-EFFECTIVE AMENDMENT NO. 1 TO FORM S-3
ON
FORM S-1
REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933
REAL GOODS SOLAR, INC.
(Exact name of registrant as specified in its charter)
Colorado | 3620 | 26-1851813 | ||
(State or other jurisdiction of incorporation or organization) | (Primary Standard Industrial Classification Code Number) | (I.R.S. Employer Identification Number) |
110 16th Street, 3rd Floor
Denver, Colorado 80202
(303) 222-8300
(Address, including zip code, and telephone number, including area code, of registrant’s principal executive offices)
Alan Fine
Real Goods Solar, Inc.
110 16th Street, 3rd Floor
Denver, Colorado 80202
(303) 222-8300
(Name, address, including zip code, and telephone number, including area code, of agent for service)
Copy to:
Rikard Lundberg, Esq.
Brownstein Hyatt Farber Schreck, LLP
410 Seventeenth Street, Suite 2200
Denver, Colorado 80202
(303) 223-1100
Approximate date of commencement of proposed sale to the public: Not Applicable.
If any of the securities being registered on this form are being offered on a delayed or continuous basis pursuant to Rule 415 under the Securities Act of 1933, other than securities offered only in connection with dividend or interest reinvestment plans, check the following box.¨
If this Form is filed to register additional securities for an offering pursuant to Rule 462(b) under the Securities Act, please check the following box and list the Securities Act registration statement number of the earlier effective registration statement for the same offering.¨
If this Form is a post-effective amendment filed pursuant to Rule 462(c) under the Securities Act, check the following box and list the Securities Act registration statement number of the earlier effective registration statement for the same offering.¨
If this Form is a post-effective amendment filed pursuant to Rule 462(d) under the Securities Act, check the following box and list the Securities Act registration statement number of the earlier effective registration statement for the same offering..¨
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” “smaller reporting company” and “emerging growth company” in Rule 12b-2 of the Exchange Act.
Large accelerated filer ¨ | Accelerated filer ¨ |
Non-accelerated filer x | Smaller reporting company x |
Emerging growth company ¨ |
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period with any new or revised financial accounting standards provided pursuant to Section 7(a)(2)(B) of the Securities Act.¨
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DEREGISTRATION OF UNSOLD SECURITIES
On June 3, 2013, Real Goods Solar, Inc. (the “Company”) filed with the Securities and Exchange Commission (the “Commission”) a registration statement on Form S-3, Registration No. 333-189500 (the “Registration Statement”), to register the resale by the selling shareholders identified therein of up to 5,050,462 shares of the Company’s Class A Common Stock.
In accordance with an undertaking in Item 17 under Part II of 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 any and all securities registered under the Registration Statement that remain unsold.
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SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the registrant has duly caused this registration statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Denver, State of Colorado, on April 15, 2019.
Real Goods Solar, Inc. | |
/s/ Dennis Lacey | |
By: Dennis Lacey | |
Chief Executive Officer and Director | |
(Principal Executive Officer) |
Pursuant to the requirements of the Securities Act of 1933, this registration statement has been signed by the following persons in the capacities and on the dates indicated.
Signature | Title | Date | ||
/s/ Ian Bowles | Ian Bowles, Chairman of the Company’s Board of Directors | April 15, 2019 | ||
/s/ Dennis Lacey | Dennis Lacey, Chief Executive Officer and Director (Principal Executive Officer) | April 15, 2019 | ||
/s/ Alan Fine | Alan Fine, Chief Financial Officer and Treasurer | April 15, 2019 | ||
/s/ Nicolle Dorsey | Nicolle Dorsey, Principal Accounting Officer and Controller | April 15, 2019 | ||
/s/ Pavel Bouska | Pavel Bouska, Director | April 15, 2019 | ||
/s/ Robert L. Scott | Robert L. Scott, Director | April 15, 2019 |
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