UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

FORM 10-Q/A

Amendment #1

 

(Mark One)

 

  S 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 001-33117

 

GLOBALSTAR, INC.

(Exact Name of Registrant as Specified in Its Charter)

 

Delaware   41-2116508
(State or Other Jurisdiction of   (I.R.S. Employer Identification No.)
Incorporation or Organization)    

 

300 Holiday Square Blvd.

Covington, Louisiana 70433

(Address of principal executive offices and zip code)

 

(985) 335-1500

Registrant’s telephone number, including area code

 

Indicate by check mark if the Registrant is a well-known seasoned issuer as defined in Rule 405 of the Securities Act. Yes ¨ No x

 

Indicate by check mark if the Registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act. Yes ¨No x

 

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 ¨

 

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 during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files). Yes x 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 x
     
Non-accelerated filer ¨   Smaller reporting company  ¨
(Do not check if a 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 x

 

As of October 26, 2012, 305,985,723 shares of voting common stock and 127,105,723 shares of nonvoting common stock were outstanding. Unless the context otherwise requires, references to common stock in this Report mean Registrant’s voting common stock. 

 

 
 

 

EXPLANATORY NOTE

 

This Amendment No. 1 on Form 10-Q/A (the “Amendment”) amends our Form 10-Q for the quarter ended September 30, 2012, which was originally filed on November 14, 2012 (the “Original 10-Q”). We are filing this Amendment as required by comments received from the Commission Staff relating to its review of our confidential treatment request filed with the Original 10-Q. The Amendment involves no material information or changes to the Original 10-Q. It is being filed solely to re-file Exhibits 10.3 and 10.4 to the Original 10-Q. Consistent with this change, Item 6 of Part II and new Exhibit 31.1 are being filed, as required by the Commission regulations.

 

Except as set forth above, the Original 10-Q is not amended, updated, or otherwise modified. This Amendment does not reflect events occurring after November 14, 2012, the date of the Original 10-Q, or modify or update those disclosures that may have been affected by subsequent events.

 

Item 6. Exhibits

 

Exhibit

Number

   Description
10.1**   Waiver Letter No. 10 to the Facility Agreement dated August 9, 2012
     
10.2**†   Letter Agreement by and between Globalstar, Inc. and Hughes Network Systems, LLC dated September 27, 2012
     
10.3   2012 Key Employee Cash Bonus Plan
     
10.4   Letter Agreement with Frank Bell dated as of September 25, 2012
     
31.1   Section 302 Certification
     
32.1**   Section 906 Certification
     
101.INS* **   XBRL Instance Document
     
101.SCH* **   XBRL Taxonomy Extension Schema Document
     
101.CAL* **   XBRL Taxonomy Extension Calculation Linkbase Document
     
101.DEF* **   XBRL Taxonomy Extension Definition Linkbase Document
     
101.PRE* **   XBRL Taxonomy Extension Presentation Linkbase Document
     
101.LAB*  **   XBRL Taxonomy Extension Label Linkbase Document

 

† Portions of the exhibits have been omitted pursuant to a request for confidential treatment filed with the Commission. The omitted portions have been filed with the Commission.
   
* Pursuant to Rule 406T of Regulation S-T, the Interactive Data Files on Exhibit 101 hereto are deemed not filed or part of a registration statement or prospectus for purposes of Sections 11 or 12 of the Securities Act of 1933, as amended, are deemed not filed for purposes of Section 18 of the Securities and Exchange Act of 1934, as amended, and otherwise are not subject to liability under those sections.
   
** Incorporated by reference from Original 10-Q.

 

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SIGNATURES

 

Pursuant to the requirements of Section 13 or 15(d) 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.

 

    GLOBALSTAR, INC.
     
    By: /s/ Rebecca Clary
Date: April 9, 2013   Rebecca Clary
    Chief Accounting Officer

 

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