Attached files
file | filename |
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EX-32.2 - EX-32.2 - LIBERATOR MEDICAL HOLDINGS, INC. | g24185exv32w2.htm |
EX-31.1 - EX-31.1 - LIBERATOR MEDICAL HOLDINGS, INC. | g24185exv31w1.htm |
EX-31.2 - EX-31.2 - LIBERATOR MEDICAL HOLDINGS, INC. | g24185exv31w2.htm |
EX-32.1 - EX-32.1 - LIBERATOR MEDICAL HOLDINGS, INC. | g24185exv32w1.htm |
EX-23.1 - EX-23.1 - LIBERATOR MEDICAL HOLDINGS, INC. | g24185exv23w1.htm |
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Form 10-K/A
(Amendment No. 1)
(Amendment No. 1)
þ | ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the fiscal year ended September 30, 2009
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: 000-05663
LIBERATOR MEDICAL HOLDINGS, INC.
(Exact name of registrant as specified in its charter)
NEVADA | 87-0267292 | |
(State or other jurisdiction of incorporation or organization) |
(I.R.S. Employer Identification No.) |
2979 SE Gran Park Way, Stuart, Florida 34997
(Address of principal executive offices)
(Address of principal executive offices)
(772) 287-2414
(Registrants telephone number, including area code)
(Registrants telephone number, including area code)
Securities registered pursuant to Section 12(b) of the Act: None
Securities registered pursuant to section 12(g) of the Act: Common Stock, par value $0.001
Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of
the Securities Act. Yes o No þ
Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or
15(d) of the Exchange Act. Yes o No þ
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 þ 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
o No o
Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K
(§229.405 of this chapter) is not contained herein, and will not be contained, to the best of
registrants knowledge, in definitive proxy or information statements incorporated by reference in
Part III of this Form 10-K or any amendment to this Form 10-K. þ
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 þ |
Indicate by a check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the
Exchange Act).
Yes o No þ
The aggregate market value of the voting and non-voting shares of the Companys Common Stock held
by non-affiliates based on the last sale of the Common Stock on March 31, 2009, was approximately
$5,804,391.
The number of shares outstanding of the issuers Common Stock as of December 11, 2009, was
33,212,666.
DOCUMENTS INCORPORATED BY REFERENCE
None.
TABLE OF CONTENTS
Index to Exhibits
21.1
|
Subsidiaries | |
23.1
|
Consent of Independent Registered Public Accounting Firm (1) | |
31.1
|
Section 302 Certificate of Chief Executive Officer (1) | |
31.2
|
Section 302 Certificate of Chief Financial Officer (1) | |
32.1
|
Section 906 Certificate of Chief Executive Officer (1) | |
32.2
|
Section 906 Certificate of Chief Financial Officer (1) |
(1) | Filed herewith. |
EXPLANATORY NOTE
Liberator Medical Holdings, Inc., a Nevada corporation (the Company) is filing this Amendment No.
1 to Form 10-K on Form 10-K/A for the fiscal year ended September 30, 2009, to include as Exhibit
23.1 the consent of Berenfeld Spritzer Shechter & Sheer, LLP, to the incorporation by reference in
the Companys Registration Statements on Form S-1/A (No. 333-152652) and Form S-8 (No. 333-159883)
of that firms report dated December 17, 2009, relating to the financial statements which appear in
Form 10-K filed on December 17, 2009, for the fiscal year ended September 30, 2009.
In accordance with Rule 12b-15 under the Securities Exchange Act of 1934, as amended (the Exchange
Act), this Form 10-K/A is accompanied by currently dated certifications on Exhibits 31.1 and 32.1
by the Companys Chief Executive Officer and Exhibits 31.2 and 32.2 by its Chief Financial Officer.
Except as described above, no other changes have been made to the original Form 10-K. The original
Form 10-K continues to speak as of December 17, 2009, the date the Company filed the original Form
10-K with the SEC, and other than as expressly indicated in this Form 10-K/A, the Company has not
updated the disclosures contained therein to reflect any events that have occurred at a date
subsequent to December 17, 2009. Accordingly, this Form 10-K/A should be read in conjunction with
the original Form 10-K and the Companys other reports filed thereunder.
SIGNATURES
Pursuant to the requirements of Section 13 or 15(d) of the Securities Act of 1934, the Registrant
has duly caused this Annual Report and any subsequent amendments thereto to be signed on its behalf
by the undersigned, thereunto duly authorized.
LIBERATOR MEDICAL HOLDINGS, INC. |
||||
Dated: July 28, 2010 | By: | /s/ Mark A. Libratore | ||
Mark A. Libratore, President | ||||
Pursuant to the requirements of the Securities Act of 1934, this Report has been signed below by
the following persons in their respective capacities with the Registrant and on the dates
indicated.
/s/ Mark A. Libratore
|
President, Chief Executive Officer and Director |
July 28, 2010 | ||
/s/ Robert J. Davis
|
Chief Financial Officer | July 28, 2010 | ||