-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: keymaster@town.hall.org Originator-Key-Asymmetric: MFkwCgYEVQgBAQICAgADSwAwSAJBALeWW4xDV4i7+b6+UyPn5RtObb1cJ7VkACDq pKb9/DClgTKIm08lCfoilvi9Wl4SODbR1+1waHhiGmeZO8OdgLUCAwEAAQ== MIC-Info: RSA-MD5,RSA, YIfQ1ToDRoVj0Gh2M7n7aTKe9y/Hal1KvZdTelBQY6Z9laMMadfR/afrwtiWMiqs MYH5rMG0Mp2D2Je3i7Kg5A== 0000037912-94-000029.txt : 19940707 0000037912-94-000029.hdr.sgml : 19940707 ACCESSION NUMBER: 0000037912-94-000029 CONFORMED SUBMISSION TYPE: S-3/A PUBLIC DOCUMENT COUNT: 1 REFERENCES 429: 033-40457 FILED AS OF DATE: 19940706 FILER: COMPANY DATA: COMPANY CONFORMED NAME: FOOD LION INC CENTRAL INDEX KEY: 0000037912 STANDARD INDUSTRIAL CLASSIFICATION: 5411 IRS NUMBER: 560660192 STATE OF INCORPORATION: NC FISCAL YEAR END: 1228 FILING VALUES: FORM TYPE: S-3/A SEC ACT: 1933 Act SEC FILE NUMBER: 033-49620 FILM NUMBER: 94537869 BUSINESS ADDRESS: STREET 1: P O BOX 1330 STREET 2: 2110 EXECUTIVE DR CITY: SALISBURY STATE: NC ZIP: 28145 BUSINESS PHONE: 7046338250 MAIL ADDRESS: STREET 1: P O BOX 1330 STREET 2: 2110 EXECUTIVE DR CITY: SALISBURY STATE: NC ZIP: 28145 FORMER COMPANY: FORMER CONFORMED NAME: FOOD TOWN STORES INC DATE OF NAME CHANGE: 19830510 S-3/A 1 As filed with the Securities and Exchange Commission on July 6, 1994 Registration No. 33-49620 SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 AMENDMENT NO. 4 TO FORM S-3 REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 Food Lion, Inc. (Exact name of registrant as specified in its charter) North Carolina 56-0660192 (State or other jurisdiction (I.R.S. Employer of incorporation or Identification No.) organization) P.O. Box 1330 2110 Executive Drive Salisbury, North Carolina 28145-1330 (704) 633-8250 (Address, including zip code, and telephone number, including area code, of registrant's principal executive offices) Dan A. Boone Vice President-Finance, Chief Financial Officer and Secretary Food Lion, Inc. P.O. Box 1330 2110 Executive Drive Salisbury, North Carolina 28145-1330 (704) 633-8250 (Name, address, including zip code, and telephone number, including area code, of agent for service) Copies to: Bruce S. Mendelsohn, P.C. Akin, Gump, Strauss, Hauer & Feld, L.L.P. Suite 400 Washington, DC 20036 (202) 887-4446 Approximate date of commencement of the proposed sale to the public: From time to time after this Registration Statement becomes effective as the registrant may determine. If any of the securities being registered on this Form are to be offered on a delayed or continuous basis pursuant to Rule 415 under the Securities Act of 1933, as amended, other than securities offered only in connection with dividend or reinvestment plans, check the following box: x The registrant hereby amends this Registration Statement on such date or dates as may be necessary to delay its effective date until the registrant shall file a further amendment which specifically states that this Registration Statement shall thereafter become effective in accordance with Section 8(a) of the Securities Act of 1933 or until the Registration Statement shall become effective on such date as the Commission, acting pursuant to said Section 8(a), may determine. Pursuant to Rule 429 under the Securities Act of 1933, the Prospectus contained in this Registration Statement relates also to Registration Statement No. 33-40457 and may be used in connection with such Registration Statement. SIGNATURES Pursuant to the requirements of the Securities Act of 1933, the Registrant certifies that it has reasonable grounds to believe it meets all of the requirements for filing on Form S-3 and has duly caused this Amendment No. 3 to its Registration Statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Salisbury, State of North Carolina, on July 6 , 1994. FOOD LION, INC. By: Tom E. Smith Chairman of the Board, President and Chief Executive Officer Pursuant to the requirements of the Securities Act of 1933, this Amendment No. 4 to Food Lion, Inc.'s Registration Statement has been signed by the following persons in the capacities indicated on July 6 , 1994. Tom E. Smith Jacqueline Kelly Collamore Chairman of the Board, President, Director Chief Executive Officer and Director Dan A. Boone Charles de Coomand'Herlinckhove Vice President-Finance, Chief Financial Director Officer and Director (Principal Financial Officer) Carol Herndon William G. Ferguson Controller (Principal Accounting Officer) Director Jacques LeClercq Pierre Beckers Director Director Gui de Vaucleroy John P. Watkins Director Director Dr. Bernard W. Franklin Director EXHIBITS EXHIBIT INDEX to Registration Statement on Form S-3 of Food Lion, Inc. Sequential Exhibit Description Page No. No. 4b Indenture dated as of August 15, 1991, between the Registrant and The Bank of New York, as Trustee 4.1a Form of Debt Warrant Agreement 4.2 a Form of Debt Warrant Certificate 5b Opinion of counsel to the Registrant regarding legality of the Securities 12b Calculation of ratio of earnings to fixed charges 23.1 Consent of Akin, Gump, Strauss, Hauer & Feld, L.L.P. (included in Exhibit 5) 23.2 Consent of Independent Accountants 24b Power of Attorney 25b Statement of Eligibility and Qualification of the Trustee on Form T-1 a Incorporated by reference to the corresponding exhibit included in Item 16 of the Registrant's Registration Statement on Form S-3 (No. 33-40457). b Previously filed. CONSENT OF INDEPENDENT ACCOUNTANTS We consent to the incorporation by reference in this registration statement on Form S-3 of our report dated February 9, 1994 except for Note 14, as to which the date is March 24, 1994, on our audits of the financial statements and financial statement schedules of Food Lion, Inc. We also consent to the reference to our firm under the caption "Experts." Coopers & Lybrand Charlotte, North Carolina July 6, 1994 -----END PRIVACY-ENHANCED MESSAGE-----