UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

 

FORM 10-Q/A

Amendment No. 1

 

 

(Mark One)

x	QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

For the Quarterly Period Ended September 30, 2009

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 No. 000-30901

 

 

SUPPORT.COM, INC.

(Exact Name of Registrant as Specified in Its Charter)

 

 

 

Delaware		94-3282005
(State or Other Jurisdiction of Incorporation or Organization)		(I.R.S. Employer Identification No.)

1900 Seaport Boulevard, 3^rd Floor

Redwood City, CA 94063

(Address of Principal Executive Offices)

(Zip Code)

Registrant’s Telephone Number, Including Area Code: (650) 556-9440

 

 

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 (§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  ¨    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 “small reporting company” in Rule 12b-2 of the Exchange Act. (Check one):

 

Large accelerated filer		¨		Accelerated filer		x
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  x

On October 31, 2009, 46,621,820 shares of the Registrant’s Common Stock, $0.0001 par value, were outstanding

 

 

 

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EXPLANATORY NOTE

This amendment number 1 to our quarterly report on Form 10-Q/A (“Form 10-Q/A”) is being filed solely to include a revised Exhibit 10.1. This amendment does not amend any other information set forth in the Form 10-Q, and we have not updated disclosures contained therein to reflect any events that occurred subsequent to the date of such report. In addition, in connection with the filing of this Amendment and pursuant to Rule 12b-15 of the Securities Exchange Act of 1934, as amended, the certifications of our principal executive officer and principal financial officer are attached as exhibits to this Amendment.

 

ITEM 6.

EXHIBITS

 

Exhibits.
10.1		Professional Services Agreement between Office Depot and SupportSoft, dated as of July 26, 2007
10.2		Amendment No. 1 to the Professional Services Agreement between Office Depot and SupportSoft effective as of July 30, 2007(1)
10.3		Amendment No. 2 to the Professional Services Agreement between Office Depot and SupportSoft effective as of June 3, 2009(1)
10.4		Amendment No. 3 to the Professional Services Agreement between Office Depot and SupportSoft effective as of July 8, 2009(1)
10.5		Amendment No. 4 to the Professional Services Agreement between Office Depot and SupportSoft effective as of August 27, 2009(1)
31.1		Chief Executive Officer Section 302 Certification
31.2		Chief Financial Officer Section 302 Certification
32.1		Statement of the Chief Executive Officer under 18 U.S.C. § 1350(2)
32.2		Statement of the Chief Financial Officer under 18 U.S.C. § 1350(2)

 

(1)	Confidential treatment has been granted for portions of this exhibit.

(2)

The certifications filed as Exhibits 32.1 and 32.2 are not deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 and are not to be incorporated by reference into any filing of the Company under the Securities Exchange Act of 1933 or the Securities Exchange Act of 1934, whether made before or after the date hereof irrespective of any general incorporation by reference language contained in any such filing, except to the extent that the registrant specifically incorporates it by reference.

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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.

August 6, 2010

 

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EXHIBIT INDEX TO SUPPORTSOFT, INC.

QUARTERLY REPORT ON FORM 10-Q

FOR THE QUARTER ENDED SEPTEMBER 30, 2009

 

10.1		Professional Services Agreement between Office Depot and SupportSoft, dated as of July 26, 2007
10.2		Amendment No. 1 to the Professional Services Agreement between Office Depot and SupportSoft effective as of July 30, 2007(1)
10.3		Amendment No. 2 to the Professional Services Agreement between Office Depot and SupportSoft effective as of June 3, 2009(1)
10.4		Amendment No. 3 to the Professional Services Agreement between Office Depot and SupportSoft effective as of July 8, 2009(1)
10.5		Amendment No. 4 to the Professional Services Agreement between Office Depot and SupportSoft effective as of August 27, 2009(1)
31.1		Chief Executive Officer Section 302 Certification
31.2		Chief Financial Officer Section 302 Certification
32.1		Statement of the Chief Executive Officer under 18 U.S.C. § 1350(2)
32.2		Statement of the Chief Financial Officer under 18 U.S.C. § 1350(2)

 

(1)	Confidential treatment has been requested for portions of this exhibit.

(2)

The certifications filed as Exhibits 32.1 and 32.2 are not deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 and are not to be incorporated by reference into any filing of the Company under the Securities Exchange Act of 1933 or the Securities Exchange Act of 1934, whether made before or after the date hereof irrespective of any general incorporation by reference language contained in any such filing, except to the extent that the registrant specifically incorporates it by reference.