0001354488-16-006302.txt : 20160219 0001354488-16-006302.hdr.sgml : 20160219 20160219162357 ACCESSION NUMBER: 0001354488-16-006302 CONFORMED SUBMISSION TYPE: POS AM PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20160219 DATE AS OF CHANGE: 20160219 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Swisher Hygiene Inc. CENTRAL INDEX KEY: 0001504747 STANDARD INDUSTRIAL CLASSIFICATION: SOAP, DETERGENT, CLEANING PREPARATIONS, PERFUMES, COSMETICS [2840] IRS NUMBER: 000000000 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: POS AM SEC ACT: 1933 Act SEC FILE NUMBER: 333-174072 FILM NUMBER: 161442149 BUSINESS ADDRESS: STREET 1: 4725 PIEDMONT ROW DRIVE STREET 2: SUITE 400 CITY: CHARLOTTE STATE: NC ZIP: 28210 BUSINESS PHONE: 704 364 7707 MAIL ADDRESS: STREET 1: 4725 PIEDMONT ROW DRIVE STREET 2: SUITE 400 CITY: CHARLOTTE STATE: NC ZIP: 28210 POS AM 1 swsh_posam.htm POST-EFFECTIVE AMENDMENT swsh_posam.htm
As filed with the Securities and Exchange Commission on February 19, 2016

Registration No. 333-174072
 


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
 
SWISHER HYGIENE INC.
(Exact name of registrant as specified in its charter)
 
Delaware
 
27-3819646
(State or Other Jurisdiction of Incorporation or Organization)
 
(IRS Employer Identification No.)
 
350 East Las Olas Boulevard, Suite 1600
   
Fort Lauderdale, Florida
 
33301
(Address of Principal Executive Offices)
  (Zip Code)
 
Amended and Restated Swisher Hygiene Inc. 2010 Stock Incentive Plan
(Full Title of the Plan)
 
Richard L. Handley
c/o Akerman LLP
350 East Las Olas Boulevard, Suite 1600
Fort Lauderdale, Florida 33301
(Name and Address of Agent for Service)
 
(203) 682-8331
(Telephone number, including area code, of agent for service)
 
With a copy to:
 
Edward L. Ristaino
Akerman LLP
350 East Las Olas Boulevard, Suite 1600
Fort Lauderdale, FL 33301
(954) 463-2700
 
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.
 
Large accelerated filer o
 
Accelerated filer o
 
       
Non-accelerated filer o
 
Smaller reporting company þ
 
(Do not check if a smaller reporting company)
     
 


 
 
 
 
 
TERMINATION OF REGISTRATION
 
This Post-Effective Amendment No. 1 relates to the Registration Statement on Form S-8 (Registration No. 333-174072) (the "Registration Statement") filed with the Securities and Exchange Commission by Swisher Hygiene Inc. (the "Registrant"), on May 9, 2011, with respect to the offer and sale of up to 1,140,0001 shares of the Registrant’s common stock, par value $0.001 per share (the "Common Stock"), issuable pursuant to the Amended and Restated Swisher Hygiene Inc. 2010 Stock Incentive Plan (the "Plan"). The Registrant's Board of Directors terminated the Plan on February 19, 2016 and no equity awards previously subject to the Plan remain outstanding. This Post-Effective Amendment No. 1 is being filed to remove from registration all securities that were included in the Registration Statement but remain unsold under the Registration Statement.
 
________________________________________________________
 
1 Reflects the Registrant's 1:10 reverse stock split, which was effective on June 3, 2014.
 
 
 
 
 
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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 Fort Lauderdale, State of Florida, on February 19, 2016.
 
 
SWISHER HYGIENE INC.
 
       
 
By:
/s/ William M. Pierce  
    Name: William M. Pierce  
    Title: President and Chief Executive Officer  
       
 
Pursuant to the requirements of the Securities Act of 1933, this Post-Effective Amendment No. 1 to Registration Statement on Form S-8 (Registration No. 333-174072) has been signed by the following persons in the capacities and on the dates indicated.
 
Principal Executive Officer:    
     
/s/ WILLIAM M. PIERCE   Date: February 19, 2016
William M. Pierce    
President and Chief Executive Officer    
     
Principal Financial Officer and Principal Accounting Officer:
     
/s/ WILLIAM T. NANOVSKY   Date: February 19, 2016
William T. Nanovsky    
Chief Financial Officer    
     
Directors of the Company:    
     
/s/ RICHARD L. HANDLEY   Date: February 19, 2016
Richard L. Handley    
     
/s/WILLIAM M. PIERCE   Date: February 19, 2016
William M. Pierce    
     
/s/WILLIAM D. PRUITT   Date: February 19, 2016
William D. Pruitt    
     
/s/DAVID PRUSSKY   Date: February 19, 2016
David Prussky
   
     
/s/ JOSEPH BURKE   Date: February 19, 2016
Joseph Burke    
 
 
 
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