As
filed with the Securities and Exchange Commission on March 20, 2009
Registration No. 333-90017
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
__________________
POST-EFFECTIVE
AMENDMENT NO. 1
ON
FORM
S-3
REGISTRATION
STATEMENT UNDER THE SECURITIES ACT OF 1933
__________________
ACORN
ENERGY, INC.
(Exact
Name of Registrant as Specified in its Charter)
|
|
|
|
|
|
|
Delaware
|
|
7371
|
|
22-2786081
|
|
(State
or Other Jurisdiction of
|
|
(Primary
Standard Industrial
|
|
(I.R.S.
Employer
|
|
Incorporation
or Organization)
|
|
Classification
Code Number)
|
|
Identification
No.)
|
__________________
4
West Rockland Road
Montchanin,
Delaware 19710
(302)
656-1707
(Address,
Including Zip Code, and Telephone Number, Including Area Code, of Registrant’s
Principal Executive Offices)
|
|
|
John
A. Moore
|
|
President
and Chief Executive Officer
|
|
Acorn
Energy, Inc.
|
|
4
West Rockland Road
|
|
Montchanin,
Delaware 19710
|
|
(302)
656-1707
|
(Name,
Address, Including Zip Code, and Telephone Number, Including Area Code, of Agent
for Service)
|
With
a copy to:
|
|
|
|
Sheldon
Krause, Esq.
|
|
Eilenberg
Krause & Paul LLP
|
|
11
East 44th
Street , 19th
Floor
|
|
New
York, New York 10017
|
|
(212) 986-9700
|
Approximate date of commencement of
proposed sale of the securities to the public: Not
applicable.
If the
only securities being registered on this Form are being offered pursuant to
dividend or interest reinvestment plans, please check the following box. ¨
If any of
the securities being registered on this Form are to be offered on a delayed or
continuous basis pursuant to Rule 415 under the Securities Act of 1933,
other than securities offered only in connection with dividend or interest
reinvestment plans, check the following box. ¨
If this
Form is filed to register additional securities for an offering pursuant to
Rule 462(b) under the Securities Act, check the following box and list the
Securities Act registration statement number of the earlier effective
registration statement for the same offering. ¨
If this
Form is a post-effective amendment filed pursuant to Rule 462(c) under the
Securities Act, check the following box and list the Securities Act registration
number of the earlier effective registration statement for the same offering.
¨
If this
Form is a registration statement pursuant to General Instruction I.D. or a
post-effective amendment thereto that shall become effective upon filing with
the Commission pursuant to Rule 462(e) under the Securities Act, check the
following box. ¨
If this
Form is a post-effective amendment to a registration statement filed pursuant to
General Instruction I.D. filed to register additional securities or additional
classes of securities pursuant to Rule 413(b) under the Securities Act, check
the following box. ¨
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. (Check one):
Large
accelerated filer ¨ Accelerated
filer ¨ Non-accelerated
filer ¨ Smaller
reporting company x
DEREGISTRATION
OF SECURITIES
On
October 29, 1999, Acorn Energy, Inc. (the “Registrant”) filed a registration
statement on Form S-3 (No. 333-90017) (the “Registration Statement”),
as amended, which registered shares of its common stock for resale by the
selling security holders named therein. The Registrant’s contractual obligation
to maintain the effectiveness of the Registration Statement has terminated.
Pursuant to the undertaking contained in the Registration Statement, the
Registrant is filing this post-effective amendment to deregister and remove from
registration all securities registered pursuant to the Registration Statement
that remain unsold as of the date this post-effective amendment is
filed.
SIGNATURES
Pursuant
to the requirements of the Securities Act of 1933, the Registrant certifies that
it has reasonable grounds to believe that it meets all of the requirements for
filing on Form S-3 and has duly caused this Post-Effective Amendment No. 1 on
Form S-3 to be signed on its behalf by the undersigned, thereunto duly
authorized, in the Township of Montchanin, State of Delaware, on this 20th day
of March, 2009