8-K 1 d8k.htm FORM 8-K Form 8-K

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, DC 20549

 

FORM 8-K

 

CURRENT REPORT

Pursuant to Section 13 or 15(d) of

The Securities Exchange Act of 1934

Date of Report (Date of earliest event reported)

May 3, 2007

 

AVANEX CORPORATION

(Exact name of registrant as specified in its charter)

 

 

Delaware   000-29175   94-3285348
(State or other jurisdiction
of incorporation)		   (Commission File Number)   (IRS Employer
Identification No.)

40919 Encyclopedia Circle

Fremont, California 94538

(Address of principal executive offices, including zip code)

(510) 897-4188

(Registrant’s telephone number, including area code)

 

(Former name or former address, if changed since last report)

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

Item 5.02. Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

5.02(b) and (e) Resignation of a Principal Officer.

On May 3, 2007, Avanex Corporation (the “Company”) accepted the resignation of Anthony A. Riley, Vice President Finance and Principal Accounting Officer. Under a separation agreement and release entered into between the parties on May 3, 2007, the resignation will be effective June 30, 2007. The agreement provides that Mr. Riley will receive the equivalent of his base salary, less applicable withholding, for a period of six months from June 30, 2007, and the agreement contains a general release of claims from Mr. Riley in favor of the Company. Mr. Riley plans on taking a personal sabbatical to spend time with his family, and then to pursue other opportunities.

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 hereunto duly authorized.

 

    AVANEX CORPORATION

By:

  

/s/ MARLA SANCHEZ

  Marla Sanchez Senior Vice President and Chief Financial Officer

Date: May 8, 2007