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As filed with the Securities and Exchange Commission on December 4, 2014
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Registration No. 333-163710
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UNITED STATES
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SECURITIES AND EXCHANGE COMMISSION
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Washington, D.C. 20549
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POST-EFFECTIVE AMENDMENT NO. 1
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TO
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FORM S-8
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REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933
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FINISAR CORPORATION
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(Exact name of registrant as specified in its charter)
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Delaware
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94-3038428
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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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1389 Moffett Park Drive, Sunnyvale, CA
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94089
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(Address of Principal Executive Offices)
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(Zip Code)
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FINISAR CORPORATION 2009 INTERNATIONAL EMPLOYEE STOCK PURCHASE PLAN
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(Full title of the plans)
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Kurt Adzema
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Executive Vice President, Finance and Chief Financial Officer
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Finisar Corporation
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1389 Moffett Park Drive
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Sunnyvale, CA 94089
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(Name and address of agent for service)
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(408) 548-1000
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(Telephone number, including area code, of agent for service)
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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.
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Large accelerated filer
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Accelerated filer
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Non-accelerated filer
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Smaller reporting company
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(do not check if a smaller reporting company)
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This Post-Effective Amendment No. 1 to the Registration Statement 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 December 14, 2009, Finisar Corporation (the "Registrant") registered 250,000 shares of its common stock, par value $0.001 per share, ("Common Stock") reserved for issuance under its 2009 International Employee Stock Purchase Plan (the "2009 International Purchase Plan") on a Form S-8 Registration Statement (File No. 333-163710) (the "Registration Statement") filed with the Securities and Exchange Commission.
As a result of termination of the 2009 International Purchase Plan and pursuant to the undertaking contained in the Registration Statement, Registrant hereby files this Post-Effective Amendment No.1 to deregister, as of the effective date of this Post-Effective Amendment No.1, 250,000 shares of Common Stock remaining unissued under the 2009 International Purchase Plan.
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, as amended, the Registrant certifies that it has reasonable grounds to believe that it meets all of the requirements for filing on Form S-8, and has duly caused this Post-Effective Amendment No. 1 to the Registration Statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Sunnyvale, State of California on this 3rd day of December, 2014.
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Finisar Corporation
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By:
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/s/ Kurt Adzema
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Kurt Adzema
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Executive Vice President, Finance and Chief Financial Officer
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Pursuant to the requirements of the Securities Act of 1933, as amended, this Post-Effective Amendment No.1 to the Registration Statement has been signed below by the following persons in the capacities and on the dates indicated.
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Signature
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Title
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Date
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/s/ Jerry S. Rawls
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Chairman of the Board of Directors
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December 3, 2014
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Jerry S. Rawls
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(Co-Principal Executive Officer)
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/s/ Eitan Gertel
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Chief Executive Officer
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December 3, 2014
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Eitan Gertel
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(Co-Principal Executive Officer)
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/s/ Kurt Adzema
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Executive Vice President, Finance and Chief Financial Officer
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December 3, 2014
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Kurt Adzema
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(Principal Financial and Accounting Officer)
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/s/ Roger C. Ferguson
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Director
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December 3, 2014
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Roger C. Ferguson
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/s/ Robert N. Stephens
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Director
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December 3, 2014
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Robert N. Stephens
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/s/ Thomas E. Pardun
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Director
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December 3, 2014
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Thomas E. Pardun
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/s/ Michael C. Child
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Director
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December 3, 2014
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Michael C. Child
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