As filed with the Securities and Exchange Commission on October 5, 2010
Registration No. 333-129252
Registration No. 333-115025
Registration No. 333-105941
Registration No. 333-104729
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
POST-EFFECTIVE AMENDMENT NO. 1 TO
FORM S-8 REGISTRATION STATEMENT NO. 333-129252
POST-EFFECTIVE AMENDMENT NO. 1 TO
FORM S-8 REGISTRATION STATEMENT NO. 333-115025
POST-EFFECTIVE AMENDMENT NO. 1 TO
FORM S-8 REGISTRATION STATEMENT NO. 333-105941
POST-EFFECTIVE AMENDMENT NO. 1 TO
FORM S-8 REGISTRATION STATEMENT NO. 333-104729
UNDER THE SECURITIES ACT OF 1933
NEXT, INC.
(Exact name of registrant as specified in its charter)
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Delaware (State or other jurisdiction of incorporation or organization) |
| 95-4675095 (IRS Employer Identification No.) |
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7625 Hamilton Park Drive, Suite 12 (Address of Principal Executive Offices) |
| 37421 (Zip Code) |
Next, Inc. Common Stock Plan
Next, Inc. Common Stock, Warrants and Rights Plan for Consultants
Consulting Agreement for Financial Services
(Full titles of the plans)
Robert M. Budd
President and Chief Executive Officer
Next, Inc.
7625 Hamilton Park Drive, Suite 12
Chattanooga, Tennessee 37421
(Name and address of agent for service)
(423) 296-8213
(Telephone number, including area code, of agent for service)
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 "smaller reporting company" in Rule 12b-2 of the Exchange Act.
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Large accelerated filer o |
| Accelerated filer o |
| Non-accelerated filer o (Do not check if a smaller reporting company) |
| Smaller reporting company þ |
TERMINATION OF REGISTRATION
This post-effective amendments (the "Post-Effective Amendment") relates to the following Registration Statements on Forms S-8 (collectively, the "Registration Statements") filed by Next, Inc. (the "Registrant") with the Securities and Exchange Commission:
• | Registration No. 333-129252 filed on Form S-8 on October 26, 2005, registering 1,000,000 shares of the Registrant's Common Stock, par value $0.001 per share ("Common Stock") under the Next, Inc. Stock Option Plan; | |
• | Registration No. 333-115025 filed on Form S-8 on April 30, 2004, registering 1,000,000 shares of the Registrant's Common Stock under the Next, Inc. Stock Option Plan; | |
• | Registration No. 333-105941 filed on Form S-8 on June 6, 2003, registering 2,500,000 shares of the Registrant's Common Stock under the Next, Inc. Common Stock, Options, Warrants and Rights Plan for Consultants; and | |
• | Registration No. 333-104729 filed on Form S-8 on April 24, 2003, registering 629,000 shares of the Registrant's Common Stock under the Consulting Agreement for Financial Services. | |
This Post-Effective Amendment to Form S-8 Registration Statement is being filed in order to deregister all securities remaining unsold under the Registration Statements set forth above. As of October 5, 2010, the Registrant had fewer than 300 shareholders of record. As a result, after filing this Post-Effective Amendment, the Registrant will file a Form 15 to deregister its common stock under Section 12(g) of the Securities Exchange Act of 1934.
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the Registrant certifies that it has reasonable grounds to believe that it meets all of the requirements for filing on Form S-8 and has duly caused this Post-Effective Amendment to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Wabash, State of Indiana, on October 5, 2010.
By: /s/ Robert M. Budd
Robert M. Budd
President and Chief Executive Officer
Pursuant to the requirements of the Securities Act of 1933, these Post-Effective Amendments to the Registration Statements have been signed by the following persons in the capacities and on the dates indicated.
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/s/ Robert M. Budd
Robert M. Budd |
| President and Chief Executive Officer |
| October 5, 2010 |
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/s/ Ron Metz
Ron Metz |
| Director |
| October 5, 2010 |
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/s/Salvatore Geraci
Salvatore Geraci |
| Director |
| October 5, 2010 |
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/s/Dan Cooke
Dan Cooke |
| Director |
| October 5, 2010 |
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/s/ Bill Reed
Bill Reed |
| Director |
| October 5, 2010 |