Sec Form 13G Filing - LEVINSON FRANK H filing for FINISAR CORP (FNSR) - 2009-02-17

 

 

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

Under the Securities Exchange Act of 1934
(Amendment No. 8)*

(Name of Issuer)

Common Stock, par value $0.001
(Title of Class of Securities)

31787A101
(CUSIP Number)

Calendar Year 2008
(Date of Event Which Requires Filing of this Statement)

Check the appropriate box to designate box to designate the rule pursuant to which this Schedule is filed:

o     Rule 13d-1(b)
o     Rule 13d-1(c)
þ     Rule 13d-1(d)

*The remainder of this cover page shall be filled out for a reporting person’s initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page.

The information required in the remainder of this cover page shall not be deemed to be “filed” for the purpose of Section 18 of the Securities Exchange Act of 1934 (“Act”) or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).

 

 

 

Page 2 of 9

CUSIP No.		31787A101

See page 6 for Explanatory Notes.

Item 1(a)		Name of Issuer: Finisar Corporation

Item 1(b)		Address of Issuer’s Principal Executive Offices: 1389 Moffett Park Drive, Sunnyvale, CA 94089

Item 2(a)		Name of Persons Filing: Frank H. Levinson Frank H. Levinson Revocable Living Trust

Items 2(b)		Address of Principal Business Office, or, if none, Residence: C/O Intrinzia Family Office, 121 South Eighth Street, Suite 800, Minneapolis, MN 55402

Item 2(c)		Citizenship: United States for all reporting persons

Item 2(d)		Title of Class of Securities: Common Stock, par value $0.001

Item 2(e)		CUSIP Number: 31787A101

Item 3.		If this statement is filed pursuant to §§240.13d-1(b) or 240.13d-2(b) or (c), check whether the person filing is a: Not Applicable.

Item 4.		Ownership: Provide the following information regarding the aggregate number and percentage of the class of securities of the issuer identified in Item 1.

	A.		Frank H. Levinson
	(a)		Amount beneficially owned: 16,138,968 (1)
	(b)		Percent of class: 3.4%
	(c)		Number of shares as to which the person has:

	(i)		Sole power to vote or to direct the vote: 16,138,968 (1)
	(ii)		Shared power to vote or to direct the vote: — 0 -
	(iii)		Sole power to dispose or to direct the disposition of: 16,138,968 (1)
	(iv)		Shared power to dispose or to direct the disposition of: — 0 -

See page 6 for Explanatory Notes.

	B.		Frank H. Levinson Revocable Living Trust
	(a)		Amount beneficially owned: 15,338,968 (2)
	(b)		Percent of class: 3.2%
	(c)		Number of shares as to which the person has:

	(i)		Sole power to vote or to direct the vote: 15,338,968 (2)
	(ii)		Shared power to vote or to direct the vote: — 0 -
	(iii)		Sole power to dispose or to direct the disposition of: 15,338,968 (2)
	(iv)		Shared power to dispose or to direct the disposition of: — 0 -

Item 5.		Ownership of Five Percent or Less of a Class:

              If this statement is being filed to report the fact that as of the date hereof the reporting person has ceased to be the beneficial owner of more than 5% of the class of securities, check the following:     þ

Item 6.		Ownership of More than Five Percent on Behalf of Another Person: Not Applicable.

Item 7.		Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on By the Parent Holding Company: Not Applicable.

Item 8.		Identification and Classification of Members of the Group: Not Applicable.

Item 9.		Notice of Dissolution of Group: Not Applicable.

Item 10.		Certification: Not Applicable.

See page 6 for Explanatory Notes.

Explanatory Notes:
(1) Comprised of 15,338,968 shares held by the Frank H. Levinson Revocable Trust (the “Trust”) and 800,000 shares subject to options exercisable on or within 60 days of December 31, 2008.
(2) Comprised of 15,338,968 shares held by the Trust.
(3) Excludes 109,618 shares held by the Irrevocable Trust of Frank H. and Wynnette L. Levinson dated July 15, 1999, 16,000 shares held by the adult children of Dr. Levinson, 51,000 shares held by trusts for the children and 250,000 shares held by The Frank H. Levinson 2008 Annuity Trust for Mark L. Alderman. Dr. Levinson disclaims beneficial ownership of these shares pursuant to Rule 13d-4.

SIGNATURE

     After reasonable inquiry and to the best of their knowledge and belief, the undersigned certify that the information set forth in this statement is true, complete and correct.

Date: February 13, 2009

		/s/ Frank H. Levinson
		Frank H. Levinson
		FRANK H. LEVINSON REVOCABLE
		LIVING TRUST
		/s/ Frank H. Levinson
		Frank H. Levinson, Trustee

Attention: Intentional misstatements or omissions of fact constitute Federal criminal violations (See 18 U.S.C. 1001)

EXHIBIT INDEX

EXHIBIT REFERENCE		DESCRIPTION
A		Agreement to Jointly File Schedule 13G/A

AGREEMENT TO JOINTLY FILE SCHEDULE 13G

     AGREEMENT dated as of February 13, 2009 by and among Frank H. Levinson and the Frank H. Levinson Revocable Living Trust (collectively, the “Reporting Persons”).

     WHEREAS, pursuant to paragraph (k) of Rule 13d-1 promulgated under Subsection 13(d)(1) of the Securities Exchange Act of 1934, as amended (the “Act”), the Reporting Persons hereto have decided to satisfy their filing obligations under the Act by a single joint filing:

     NOW, THEREFORE, the Reporting Persons hereby agree as follows:

	1.		The Schedule 13G/A with respect to Finisar Corporation, to which this is attached as Exhibit A, is filed on behalf of each of the Reporting Persons.
	2.		Each Reporting Person is responsible for the completeness and accuracy of the information concerning such Reporting Person contained therein.

     IN WITNESS WHEREOF, the undersigned hereunto set their hands as of the date first above written.

		/s/ Frank H. Levinson
		Frank H. Levinson
		FRANK H. LEVINSON REVOCABLE
		LIVING TRUST
		/s/ Frank H. Levinson
		Frank H. Levinson, Trustee
		EXHIBIT A