Apyx Medical Corp - FORM 10-Q/A - September 19, 2011

Attached files

file filename
EX-31.1 - EXHIBIT 31.1 - Apyx Medical Corpexhibit311.htm
EX-32.1 - EXHIBIT 32.1 - Apyx Medical Corpexhibit321.htm
EX-10.1 - EXHIBIT 10.1 - Apyx Medical Corpexhibit101.htm
EX-31.2 - EXHIBIT 31.2 - Apyx Medical Corpexhibit312.htm
EX-32.2 - EXHIBIT 32.2 - Apyx Medical Corpexhibit322.htm
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
_______________
 
FORM 10-Q/A
_______________

(Mark One)
x
QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
   
 
   For the Quarterly Period Ended March 31, 2011
   
 
OR
   


o
TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
   
 
For the Transition Period from _______ to __________________                
 

Commission file number 0-12183
 
BOVIE MEDICAL CORPORATION
(Exact name of registrant as specified in its charter)

Delaware
  
11-2644611
(State or other jurisdiction of incorporation or organization)
  
(IRS Employer Identification No.)
 
734 Walt Whitman Rd., Melville, New York 11747
(Address of principal executive offices)
 
(631) 421-5452
(Registrant’s telephone number, including area code)
 
Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.  Yes x      No o
 
Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (§232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files).  Yes  x No o
 
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.
 
 
Large accelerated filer    o
  
Accelerated filer    o
       
 
Non-accelerated filer    o
(Do not check if a smaller reporting company)
  
Smaller reporting company    x
 
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act).  Yes  o   No  x
 
The number of shares of the registrant's $.001 par value common stock outstanding on the NYSE Amex exchange as of May 2, 2011 was 17,742,538.


 
 
 


Explanatory Note

Bovie Medical Corporation (the “Company”) is filing this Amendment No. 1 to its Quarterly Report on Form 10-Q/A (“Amendment No. 1”) for the fiscal quarter ended March 31, 2011, originally filed with the Securities and Exchange Commission (the “Commission”) on May 12, 2011 (the “Original Filing”).  The purpose of Amendment No. 1 is to include a revised redacted Exhibit 10.1, which, based upon comments received and subsequent discussions with the Commission, has been revised to reduce the number of redactions. No other changes have been made to the Original Filing and this amendment does not reflect events that have occurred subsequent to the Original Filing date.

This Form 10-Q/A includes new certifications from the Company's Chief Executive Officer and Chief Financial Officer in Exhibits 31.1, 31.2, 32.1 and 32.2.


Table of Contents

Item 6
Exhibits Index
  

Index
 
10.1*
Settlement Agreement, dated March 3, 2011, by and among Bovie Medical Corporation, Salient Surgical Technologies, Inc. and Medtronic, Inc.
   
31.1
Certifications of Andrew Makrides, President and Chief Executive Officer of Registrant pursuant to Rule 13a-14 adopted under the Securities Exchange Act of 1934, as amended, and Section 302 of the Sarbanes-Oxley Act of 2002.
   
31.2
Certifications of Gary D. Pickett, Chief Financial Officer of Registrant pursuant to Rule 13a-14 adopted under the Securities Exchange Act of 1934, as amended, and Section 302 of the Sarbanes-Oxley act of 2002.
   
32.1
Certification pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
   
32.2
Certification pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
 
* Portions of this exhibit have been redacted and are subject to a request for confidential treatment with the Commission.


 
 
 

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.

 
Bovie Medical Corporation
  
     
Dated:  September 19, 2011
By: 
/s/ Andrew Makrides
  
   
Andrew Makrides
Chief Executive Officer
  
     
     
Dated:  September 19, 2011
By:
/s/ Gary D. Pickett
  
   
Gary D. Pickett
Chief Financial Officer
  


 
 
 

Apyx Medical Corp Reports