As filed with the Securities and Exchange Commission on July 29, 2010
Registration No. 333-121711
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
POST-EFFECTIVE AMENDMENT NO. 1
TO
FORM S-8
REGISTRATION STATEMENT
UNDER
THE SECURITIES ACT OF 1933
AEP Industries Inc.
(Exact name of Registrant as specified in its charter)
Delaware | 22-1916107 | |
(State or other jurisdiction of incorporation or organization) | (I.R.S. Employer Identification No.) |
125 Philips Avenue, South Hackensack, New Jersey 07606
(Address of principal executive offices)(Zip code)
2005 Employee Stock Purchase Plan
(Full title of the Plan)
Paul M. Feeney
Executive Vice President, Finance and Chief Financial Officer
AEP Industries Inc.
125 Philips Avenue
South Hackensack, New Jersey 07606
(Name and address of agent for service)
(201) 641-6600
(Telephone number, including area code, of agent for service)
Copy to:
Michael S. Ben, Esq.
Honigman Miller Schwartz and Cohn LLP
2290 First National Building
660 Woodward Avenue
Detroit, Michigan 48226
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. (Check one):
Large accelerated filer | ¨ | Accelerated filer | x | |||
Non-accelerated filer | ¨ (Do not check if a smaller reporting company) | Smaller reporting company | ¨ |
Deregistration of Securities
AEP Industries Inc., a Delaware corporation (the “Registrant”), filed a registration statement on Form S-8 (Registration No. 333-121711) on December 29, 2004 (the “Registration Statement”) with the Securities and Exchange Commission, which originally registered 250,000 shares of the Registrant’s common stock. Pursuant to the undertakings made by the Registrant in the Registration Statement, this Post-Effective Amendment No. 1 to the Registration Statement hereby deregisters the 99,264 shares of the Registrant’s common stock that remain unsold pursuant to, and hereby terminates the effectiveness of, the Registration Statement.
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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 no. 1 to the registration statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of South Hackensack, State of New Jersey, on the 29th day of July, 2010.
AEP Industries Inc. | ||
(Registrant) | ||
By: | /s/ J. BRENDAN BARBA | |
J. Brendan Barba | ||
Chairman of the Board, President and Chief Executive Officer |
Pursuant to the requirements of the Securities Act of 1933, this post-effective amendment no. 1 to the registration statement has been signed by the following persons in the capacities and on the date indicated.
Signature/Title | Date | |||
/s/ J. BRENDAN BARBA | July 29, 2010 | |||
J. Brendan Barba | ||||
Chairman of the Board, Director, President and Chief Executive Officer (principal executive officer) | ||||
/s/ PAUL M. FEENEY | July 29, 2010 | |||
Paul M. Feeney | ||||
Executive Vice President, Finance, Chief Financial Officer and Director | ||||
(principal financial officer) | ||||
/s/ LINDA N. GUERRERA | July 29, 2010 | |||
Linda N. Guerrera | ||||
Vice President, Controller | ||||
(principal accounting officer) | ||||
/s/ * | July 29, 2010 | |||
Kenneth Avia | ||||
Director | ||||
/s/ ROBERT T. BELL | July 29, 2010 | |||
Robert T. Bell | ||||
Director | ||||
/s/ * | July 29, 2010 | |||
Richard E. Davis | ||||
Director | ||||
/S/ FRANK P. GALLAGHER | July 29, 2010 | |||
Frank P. Gallagher | ||||
Director | ||||
/s/ * | July 29, 2010 | |||
Paul E. Gelbard | ||||
Director |
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/s/ DANIEL D. KHOSHABA | July 29, 2010 | |||
Daniel D. Khoshaba | ||||
Director | ||||
/s/ * | July 29, 2010 | |||
Lawrence R. Noll | ||||
Director | ||||
/s/ * | July 29, 2010 | |||
Lee C. Stewart | ||||
Director |
* By | /s/ J. BRENDAN BARBA | |
J. Brendan Barba | ||
Attorney-in-fact |
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