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 July 4,
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 Number:
001-32374
SYMMETRY
MEDICAL INC.
(Exact
name of registrant as specified in its charter)
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Delaware
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35-1996126
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(State
or other jurisdiction of incorporation or organization)
3724
North State Road 15, Warsaw, Indiana
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(I.R.S.
Employer Identification No.)
46582
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(Address
of principal executive offices)
(574)
268-2252
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(Zip
Code)
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(Registrant’s
telephone number, including area code)
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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.
þ
Yes ¨
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 (S232.405 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 checkmark 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.
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Large
accelerated filer ¨
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Accelerated
filer þ
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Non-accelerated
filer ¨
(Do not check if a smaller reporting company)
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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 þ
No
The
number of shares outstanding of the registrant’s common stock as of August 4,
2009 was 35,810,751.
EXPLANATORY
NOTE
Symmetry
Medical Inc (the Registrant) is filing this amendment (the Form 10-Q/A) to our
Quarterly Report on Form 10-Q for the quarter ended July 4, 2009 (the form
10-Q), filed with the U.S. Securities and Exchange Commission on August 7, 2009,
solely to correct an error in exhibits 31.1 and 31.2, Certification
required by Item 307 of Regulation S-K as promulgated by the Securities and
Exchange Commission and pursuant to Section 302 of the Sarbanes-Oxley Act
of 2002. These exhibits of the Form 10-Q unintentionally omitted the
reference to internal control over financial reporting in the introductory
language to paragraph 4 of each of the certifications. The exhibits
included in this Form 10-Q/A correctly state the certifications being made by
Management.
This Form
10-Q/A should be read in conjunction with the original Form 10-Q, which
continues to speak as of the date of the Form 10-Q. Except as
specifically noted above, this Form 10-Q/A does not modify or update disclosures
in the original Form 10-Q. Accordingly, this Form 10-Q/A does not
reflect events occurring after the filing of the Form 10-Q or modify or update
any related or other disclosures.
PART II. OTHER
INFORMATION
ITEM 6.
EXHIBITS
31.1
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Certification
of Chief Executive Officer required by Item 307 of Regulation S-K as
promulgated by the Securities and Exchange Commission and pursuant to
Section 302 of the Sarbanes-Oxley Act of 2002, as of July 4, 2009
(amended)**
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31.2
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Certification
of Chief Financial Officer required by Item 307 of Regulation S-K as
promulgated by the Securities and Exchange Commission and pursuant to
Section 302 of the Sarbanes-Oxley Act of 2002, as of July 4, 2009
(amended)**
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31.3
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Certification
of Chief Executive Officer required by Item 307 of Regulation S-K as
promulgated by the Securities and Exchange Commission and pursuant to
Section 302 of the Sarbanes-Oxley Act of 2002, as of October 20,
2009**
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31.4
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Certification
of Chief Financial Officer required by Item 307 of Regulation S-K as
promulgated by the Securities and Exchange Commission and pursuant to
Section 302 of the Sarbanes-Oxley Act of 2002, as of October 20,
2009**
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** Filed
concurrently 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.
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SYMMETRY
MEDICAL INC.
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By
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/s/
Brian S. Moore
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Brian
S. Moore,
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President
and Chief Executive Officer
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(Principal
Executive Officer)
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By
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/s/
Fred L. Hite
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Fred
L. Hite,
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Senior
Vice President and Chief Financial Officer
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(Principal
Financial Officer)
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October
20, 2009