S-8 POS 1 s-8term.txt TEXT OF THE FORM S-8 Registration No. 33-10559 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D. C. 20549 POST-EFFECTIVE AMENDMENT NO. 6 TO FORM S-8 REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 LUBY'S, INC. _______________________________________________________________________________ (Exact name of issuer as specified in its charter) Delaware 74-1335253 _______________________________ _____________________________ (State of Incorporation) (I.R.S. Employer Identification No.) 2211 Northeast Loop 410 Post Office Box 33069 San Antonio, Texas 78265-3069 _______________________________________________________________________________ (Address of principal executive offices) (Zip Code) LUBY'S, INC. PERFORMANCE UNIT PLAN _______________________________________________________________________________ (Full title of plan) HOLLY H. FULLER Cauthorn Hale Hornberger Fuller Sheehan Becker & Beiter Incorporated 700 N. St. Mary's Street, Suite 600 San Antonio, Texas 78205 _______________________________________________________________________________ (Name and address of agent for service) (210) 271-1700 _______________________________________________________________________________ (Telephone number, including area code, of agent for service) This Amendment is filed by Luby's, Inc., a Delaware corporation (the "Company"). The Company has heretofore registered (on Form S-8) 120,000 shares of its common stock for issuance under the Company's Performance Unit Plan (the "Plan") plus such indeterminate number of additional shares as may be issuable by reason of the operation of the anti-dilution provisions of awards issued under the Plan. The Plan was terminated by the Board of Directors of the Company on October 26, 2000, at which time there were no outstanding awards issued under the Plan. When the Plan was terminated, 137,201 shares reserved for issuance under the Plan remained unissued. Accordingly, the Company hereby removes from registration all shares of common stock unissued at the termination of the Plan. SIGNATURES The Registrant. 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 amendment to the registration statement to be signed on its behalf by the undersigned thereunto duly authorized, in the City of San Antonio, and the State of Texas, as of the __________ day of _______________ , 2001. LUBY'S, INC. (a Delaware corporation) By: /s/DAVID B. DAVISS ______________________ David B. Daviss, Acting Chief Executive Officer Pursuant to the requirements of the Securities Exchange Act of 1933, this amendment to the registration statement has been signed by the following persons in the capacities and on the dates indicated. Signature and Date Name and Title _____________________ _______________________________ /s/DAVID B. DAVISS David B. Daviss, Chairman of the _____________________ Board, Acting Chief Executive February 6, 2001 Officer, Acting Chief Financial Officer, and Director /s/RONALD K. CALGAARD Ronald K. Calgaard, Director _____________________ February 6, 2001 Roger R. Hemminghaus, Director _____________________ February 6, 2001 /s/JIMMY W. WOLIVER Jimmy W. Woliver, Director _____________________ February 6, 2001 Judith B. Craven, Director _____________________ February 6, 2001 /s/ARTHUR R. EMERSON Arthur R. Emerson, Director _____________________ February 6, 2001 /s/ROBERT T. HERRES Robert T. Herres, Director _____________________ February 6, 2001 Walter J. Salmon, Director _____________________ February 6, 2001 /s/JOANNE WINIK Joanne Winik, Director _____________________ February 6, 2001