Post-effective Amendment to an S-8 Filing (s-8 Pos)
29 Septiembre 2017 - 4:00PM
Edgar (US Regulatory)
As filed with the Securities and Exchange
Commission on September 29, 2017
Registration No. 333-212354
Registration No. 333-185589
Registration No. 333-157017
Registration No. 333-143369
Registration No. 333-118584
Registration No. 333-104386
Registration No. 333-89867
Registration No. 033-59343
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
POST-EFFECTIVE AMENDMENT NO. 1 TO FORM
S-8 REGISTRATION STATEMENT NO. 333-212354
POST-EFFECTIVE AMENDMENT NO. 1 TO FORM
S-8 REGISTRATION STATEMENT NO. 333-185589
POST-EFFECTIVE AMENDMENT NO. 1 TO FORM
S-8 REGISTRATION STATEMENT NO. 333-157017
POST-EFFECTIVE AMENDMENT NO. 1 TO FORM
S-8 REGISTRATION STATEMENT NO. 333-143369
POST-EFFECTIVE AMENDMENT NO. 1 TO FORM
S-8 REGISTRATION STATEMENT NO. 333-118584
POST-EFFECTIVE AMENDMENT NO. 1 TO FORM
S-8 REGISTRATION STATEMENT NO. 333-104386
POST-EFFECTIVE AMENDMENT NO. 1 TO FORM
S-8 REGISTRATION STATEMENT NO. 333-89867
POST-EFFECTIVE AMENDMENT NO. 1 TO FORM
S-3 AND FORM S-8 REGISTRATION STATEMENT NO. 033-59343
UNDER
THE SECURITIES ACT OF 1933
SUPREME INDUSTRIES, INC.
(Exact name of registrant as specified in
its charter)
Delaware
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75-1670945
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(State or other jurisdiction of
incorporation or Organization)
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(I.R.S. Employer
Identification No.)
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2581 E. Kercher Road
P.O. Box 237
Goshen, Indiana 46528
(Address of Principal Executive Offices)
SUPREME INDUSTRIES, INC.
2016 LONG-TERM INCENTIVE PLAN
2012 LONG-TERM INCENTIVE PLAN
AMENDED AND RESTATED 2004 STOCK OPTION
PLAN
2004 STOCK OPTION PLAN
2001 STOCK OPTION PLAN
1998 STOCK OPTION PLAN
1992
Stock Option Plan
1982
Incentive Stock Option Plan
(Full title of the plan)
Mark D. Weber
President and CEO
Supreme Industries, Inc.
2581 E. Kercher Road
P.O. Box 237
Goshen, Indiana 46528
(574) 642-3070
(Name, address, and telephone number of
agent for service)
Copy to:
Michael J. Silver
William I. Intner
Hogan Lovells US LLP
875 Third Avenue
New York, New York 10022
(212) 918-3000
Indicate by check mark whether the registrant is a large accelerated
filer, an accelerated filer, a non-accelerated filer, a smaller reporting company, or an emerging growth company. See the
definitions of “large accelerated filer,” “accelerated filer,” “smaller reporting company,”
and “emerging growth company” in Rule 12b-2 of the Exchange Act.
Large accelerated filer
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¨
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Accelerated filer
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x
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Non-accelerated filer
(Do not check if a smaller reporting company)
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¨
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Smaller reporting company
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¨
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Emerging growth company
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¨
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If an emerging growth company, indicate by check mark if the
registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards
provided pursuant to Section 7(a)(2)(B) of the Securities Act.
DEREGISTRATION OF UNSOLD SECURITIES
These Post-Effective
Amendments relate to the following Registration Statements on Form S-8 or Form S-3 (each, a “Registration Statement”,
and collectively, the “Registration Statements) filed by Supreme Industries, Inc., a Delaware corporation (the “Company”)
with the Securities and Exchange Commission:
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Registration Statement on Form S-8 (No. 333-212354), filed on June 30, 2016, which registered the offering of an aggregate
of 1,290,598 shares of Class A common stock, $0.10 par value (“Class A Shares”);
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Registration Statement on Form S-8 (No. 333-185589), filed on December 20, 2012, which registered the offering of an aggregate
of 1,000,000 Class A Shares;
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Registration Statement on Form S-8 (No. 333-157017), filed on January 29, 2009, which registered the offering of an aggregate
of 350,000 Class A Shares;
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Registration Statement on Form S-8 (No. 333-143369), filed on May 30, 2007, which registered the offering of an aggregate of
250,000 Class A Shares;
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Registration Statement on Form S-8 (No. 333-118584), filed on August 26, 2004, which registered the offering of an aggregate
of 600,000 Class A Shares ;
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Registration Statement on Form S-8 (No. 333-104386), filed on April 8, 2003, which registered the offering of an aggregate
of 750,000 Class A Shares ;
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Registration Statement on Form S-8 (No. 333-89867), filed on October 28, 1999, which registered the offering of an aggregate
of 716,623 Class A Shares; and
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Registration Statement on Form S-8 and Form S-3 (No. 033-59343), filed on May 16, 1995, which registered the offering of an
aggregate of 373,132 Class A Shares.
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On September 27, 2017,
pursuant to an Agreement and Plan of Merger dated August 8, 2017, between the Company, Wabash National Corporation, a Delaware
corporation (“Wabash National”) and Redhawk Acquisition Corporation, a Delaware corporation and direct wholly owned
subsidiary of Wabash National (“Purchaser”), Purchaser merged with and into the Company (the “Merger”),
with the Company surviving as a direct wholly owned subsidiary of Wabash.
As a result of the
Merger, the offerings pursuant to the Registration Statements have been terminated. In accordance with an undertaking made by the
Company in the Registration Statements to remove from registration, by means of a post-effective amendment, any shares which remain
unsold at the termination of the offering, the Company hereby removes from registration all shares registered under the Registration
Statements that remain unsold as of the date hereof and terminates the effectiveness of the Registration Statements.
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 Form S-3 and has duly caused these Post-Effective Amendments to the Registration Statements described
above to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Goshen, State of Indiana, on September
29, 2017.
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SUPREME INDUSTRIES, INC.
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By:
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/s/ Jeffery L. Taylor
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Name:
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Jeffery L. Taylor
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Title:
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Vice President
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Supreme (AMEX:STS)
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