As filed with the Securities and Exchange Commission on April 29, 2008

Registration No. 333-146818

 

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

 

POST-EFFECTIVE AMENDMENT NO. 1
TO

 

FORM S-3

 

REGISTRATION STATEMENT UNDER
THE SECURITIES ACT OF 1933

 

 

ARENA PHARMACEUTICALS, INC.

(Exact Name of Registrant as Specified in its Charter)

 

 

 

6166 Nancy Ridge Drive
San Diego, California 92121
(858) 453-7200

(Address, Including Zip Code and Telephone Number, Including
Area Code, of Registrant’s Principal Executive Offices)

 

 

Steven W. Spector, Esq.
Senior Vice President, General Counsel and Secretary
6166 Nancy Ridge Drive
San Diego, California 92121
(858) 453-7200

(Name, Address, Including Zip Code and Telephone Number, Including
Area Code, of Agent for Service)

 

 

Copies to:

 

Steven M. Przesmicki, Esq.
Charles S. Kim, Esq.
Cooley Godward Kronish LLP
4401 Eastgate Mall
San Diego, CA 92121
(858) 550-6000

 

Approximate date of commencement of proposed sale to the public:

This post-effective amendment deregisters those shares of common stock that remain unsold hereunder as of the date hereof.

 

 

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, please check the following box and list the Securities Act registration statement number of the earlier effective registration statement of 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 statement 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. ¨

 

 

DEREGISTRATION OF SECURITIES

 

This post-effective amendment to the Registration Statement on Form S-3ASR (Registration No. 333-146818) (the “Registration Statement”) of Arena Pharmaceuticals Inc., a Delaware corporation (the “Registrant”), filed with the Securities and Exchange Commission on October 19, 2007, hereby amends the Registration Statement to deregister any securities registered pursuant to the Registration Statement and not otherwise sold thereunder.

 

In accordance with the Registrant’s undertaking in Part II, Item 17(3) of the Registration Statement, the Registrant is deregistering by means of this post-effective amendment any securities remaining unsold under the Registration Statement.

 

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SIGNATURES

 

Pursuant to the requirements of the Securities Act of 1933, as amended, 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 to the Registration Statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of San Diego, State of California, on April 28, 2008.

 

	ARENA PHARMACEUTICALS, INC.
	By:	/s/ JACK LIEF
		Jack Lief, President and Chief Executive Officer

 

Pursuant to the requirements of the Securities Act of 1933, as amended, this post-effective amendment to the Registration Statement has been signed by the following persons in the capacities and on the dates indicated.

 

Signatures			Date
By:	/s/ JACK LIEF		April 28, 2008
	Jack Lief, President, Chief Executive Officer and Chairman (Principal Executive Officer)
By:	/s/ ROBERT E. HOFFMAN		April 28, 2008
	Robert E. Hoffman, CPA, Vice President, Finance and Chief Financial Officer (Principal Financial and Accounting Officer)
By:	/s/ DOMINIC P. BEHAN*		April 28, 2008
	Dominic P. Behan, Ph.D., Director
By:	/s/ DONALD D. BELCHER*		April 28, 2008
	Donald D. Belcher, Director
By:	/s/ SCOTT H. BICE*		April 28, 2008
	Scott H. Bice, J.D., Director
By:	/s/ HARRY F. HIXSON, JR.*		April 28, 2008
	Harry F. Hixson, Jr., Ph.D., Director
By:	/s/ J. CLAYBURN LA FORCE, JR.*		April 28, 2008
	J. Clayburn La Force, Jr., Ph.D., Director
By:	/s/ TINA NOVA BENNETT*		April 28, 2008
	Tina Nova Bennett, Ph.D., Director
By:	/s/ PHILLIP M. SCHNEIDER		April 28, 2008
	Phillip M. Schneider, Director
By:	/s/ CHRISTINE A. WHITE*		April 28, 2008
	Christine A. White, M.D., Director
By:	/s/ RANDALL E. WOODS		April 28, 2008
	Randall E. Woods, Director

 

* Pursuant to power of attorney

 

By:	/s/ STEVEN W. SPECTOR
	Steven W. Spector
	Attorney-in-Fact

 

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