As filed with the Securities and Exchange Commission on May 23, 2006

Registration No. 333-134015

 

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549


POST EFFECTIVE AMENDMENT NO. 1 TO FORM S-8
REGISTRATION STATEMENT
UNDER THE SECURITIES ACT OF 1933


DATAWATCH CORPORATION

(Exact name of registrant as specified in its charter)


Delaware

02-0405716

(State or other jurisdiction of incorporation or organization)

(I.R.S. Employer Identification No.)

 

Quorum Office Park
271 Mill Road
Chelmsford, Massachusetts 01824
(978) 441-2200

(Address of Principal Executive Offices) (Zip Code)


2006 Equity Compensation and Incentive Plan

(Full title of the plan)


Robert W. Hagger
President, Chief Executive Officer and Director
DATAWATCH CORPORATION
Quorum Office Park
271 Mill Road
Chelmsford, Massachusetts 01824

(Name and address of agent for service)

(978) 441-2200

(Telephone number, including area code, of agent for service)


Copy to:

William B. Simmons, Jr., Esq.
CHOATE, HALL & STEWART LLP
Two International Place
Boston, MA  02110
(617) 248-5000


 

 




 

DEREGISTRATION OF SECURITIES

This Post-Effective Amendment No. 1 relates to the Registration Statement on Form S-8 (File No. 333-134015) filed on May 11, 2006, pertaining to Datawatch Corporation’s (the “Registrant”) Common Stock to be offered pursuant to the 2006 Equity Compensation and Incentive Plan (the “Plan”). The registration fee was miscalculated on the original Form S-8 filing, which resulted in less than the total number of shares authorized under the Plan being registered. No securities were issued under the Plan and the Registrant hereby removes and withdraws from registration all securities registered pursuant to this Registration Statement. The Registrant is filing a new Form S-8 registration statement to register the full number of shares authorized under the Plan.

2




 

SIGNATURES

Pursuant to the requirements of the Securities Act of 1933, the Company certifies that it has reasonable grounds to believe that it meets all of the requirements for filing a Form S-8 and has duly caused this Post Effective Amendment No. 1 to Form S-8 Registration Statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the Town of Chelmsford, Commonwealth of Massachusetts on May 22, 2006.

DATAWATCH CORPORATION

 

 

 

By:

/s/ ROBERT W. HAGGER

 

 

Robert W. Hagger

 

 

President, Chief Executive Officer and Director

 

Pursuant to the requirements of the Securities Act of 1933, this Post Effective Amendment No. 1 to the Registration Statement has been signed below on the dates indicated by the following persons in the capacities indicated.

Name

 

Title

 

Date

 

 

 

 

 

/s/ ROBERT W. HAGGER

 

President, Chief Executive Officer and Director

 

May 22, 2006

Robert W. Hagger

 

(Principal Executive Officer)

 

 

 

 

 

 

 

/s/ JOHN J. HULBURT

 

Vice President and Chief Financial Officer

 

May 22, 2006

John J. Hulburt

 

(Principal Financial Officer)

 

 

 

 

 

 

 

*

 

Director

 

May 22, 2006

Richard de J. Osborne

 

 

 

 

 

 

 

 

 

 

 

Director

 

 

Thomas H. Kelly

 

 

 

 

 

 

 

 

 

*

 

Director

 

May 22, 2006

Terry W. Potter

 

 

 

 

 

 

 

 

 

*

 

Director

 

May 22, 2006

David T. Riddiford

 

 

 

 

 

 

 

 

 

*

 

Director

 

May 22, 2006

James Wood

 

 

 

 

 

* By Robert W. Hagger, Attorney-in-Fact

3