Attached files
| file | filename |
|---|---|
| EX-10.3 - EXHIBIT10.3 - CBEYOND, INC. | cbey-2012930x10xq_axex103.htm |
| EX-31.1 - EXHIBIT31.1 - CBEYOND, INC. | cbey-2012930x10xq_axex311.htm |
| EX-31.2 - EXHIBIT31.2 - CBEYOND, INC. | cbey-2012930x10xq_axex312.htm |
| EX-10.2 - EXHIBIT10.2 - CBEYOND, INC. | cbey-2012930x10xq_axex102.htm |
| EX-10.1 - EXHIBIT10.1 - CBEYOND, INC. | cbey-2012930x10xq_axex101.htm |
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-Q/A
(Amendment No. 1)
(Mark One)
ý | QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the quarterly period ended September 30, 2012
OR
¨ | 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 000-51588
CBEYOND, INC.
(Exact name of registrant as specified in its charter)
Delaware | 59-3636526 | |
(State or other jurisdiction of incorporation or organization) | (I.R.S. Employer Identification No.) | |
320 Interstate North Parkway, Suite 500 Atlanta, GA | 30339 | |
(Address of principal executive offices) | (Zip Code) | |
Registrant’s telephone number, including area code: (678) 424-2400
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 ý No ¨
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 ý No ¨
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 | ¨ | Accelerated filer | ý | |||
Non-accelerated filer | ¨ (Do not check if a smaller reporting company) | Smaller reporting company | ¨ | |||
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act.): Yes ¨ No ý
Indicate the number of shares outstanding of each of the issuer’s classes of common stock, as of the latest practicable date.
Title of Class | Number of Shares Outstanding on November 1, 2012 | |
Common Stock, $0.01 par value | 29,819,968 | |
EXPLANATORY NOTE
Cbeyond, Inc. (the “Company”) is filing this amended Quarterly Report on Form 10-Q/A for the period ended September 30, 2012 (the “Amendment”) solely to include unredacted versions of Exhibits 10.1, 10.2 and 10.3, previously filed on November 6, 2012 with the Company's Quarterly Report on Form 10-Q for the period ended September 30, 2012 (the “Original Filing”). No modification or update is otherwise made to any other disclosures or exhibits in the Original Filing, nor does this Amendment reflect any events occurring after the date of the Original Filing.
Item 6. Exhibits
Exhibit No | Description of Exhibit | |
10.1* | At-Will Employment Agreement by and between Cbeyond and James Geiger | |
10.2* | At-Will Employment Agreement by and between Cbeyond and J. Robert Fugate | |
10.3* | Form of At-Will Employment Agreement by and between Cbeyond and Robert R. Morrice, Joseph A. Oesterling and N. Brent Cobb | |
31.1* | Certifications of Chief Executive Officer Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 | |
31.2* | Certifications of Chief Financial Officer Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 | |
* | Filed herewith. |
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.
CBEYOND, INC. | |||
By: | /s/ James F. Geiger | ||
Name: | James F. Geiger | ||
Title: | Chairman, President and Chief Executive Officer | ||
By: | /s/ J. Robert Fugate | ||
Name: | J. Robert Fugate | ||
Title: | Executive Vice President and Chief Financial Officer | ||
Date: December 14, 2012
Exhibit Index
Exhibit No | Description of Exhibit | |
10.1* | At-Will Employment Agreement by and between Cbeyond and James Geiger | |
10.2* | At-Will Employment Agreement by and between Cbeyond and J. Robert Fugate | |
10.3* | Form of At-Will Employment Agreement by and between Cbeyond and Robert R. Morrice, Joseph A. Oesterling and N. Brent Cobb | |
31.1* | Certifications of Chief Executive Officer Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 | |
31.2* | Certifications of Chief Financial Officer Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 | |
* | Filed herewith. |