0000900440-12-000081.txt : 20120627 0000900440-12-000081.hdr.sgml : 20120627 20120627162247 ACCESSION NUMBER: 0000900440-12-000081 CONFORMED SUBMISSION TYPE: S-8 POS PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20120627 DATE AS OF CHANGE: 20120627 EFFECTIVENESS DATE: 20120627 FILER: COMPANY DATA: COMPANY CONFORMED NAME: IMPERIAL SUGAR CO /NEW/ CENTRAL INDEX KEY: 0000831327 STANDARD INDUSTRIAL CLASSIFICATION: SUGAR & CONFECTIONERY PRODUCTS [2060] IRS NUMBER: 740704500 STATE OF INCORPORATION: TX FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: S-8 POS SEC ACT: 1933 Act SEC FILE NUMBER: 333-131930 FILM NUMBER: 12929775 BUSINESS ADDRESS: STREET 1: 8016 HIGHWAY 90-A STREET 2: PO BOX 9 CITY: SUGARLAND STATE: TX ZIP: 77487-0009 BUSINESS PHONE: 2814919181 MAIL ADDRESS: STREET 1: 8016 HIGHWAY 90-A STREET 2: PO BOX 9 CITY: SUGARLAND STATE: TX ZIP: 77487-0009 FORMER COMPANY: FORMER CONFORMED NAME: IMPERIAL HOLLY CORP DATE OF NAME CHANGE: 19920703 FORMER COMPANY: FORMER CONFORMED NAME: IMPERIAL SUGAR CO /TX/ DATE OF NAME CHANGE: 19880606 S-8 POS 1 imperialsugars8.htm Unassociated Document

 
As filed with the Securities and Exchange Commission on June 27, 2012
Registration No. 333-179499
Registration No. 333-131930
Registration No. 333-105160
Registration No. 333-102876
=====================================================================
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D. C. 20549

Post-Effective Amendment No. 1 to Form S-8 Registration No. 333-179499
Post-Effective Amendment No. 1 to Form S-8 Registration No. 333-131930
Post-Effective Amendment No. 1 to Form S-8 Registration No. 333-105160
Post-Effective Amendment No. 1 to Form S-8 Registration No. 333-102876

FORM S-8
REGISTRATION STATEMENT UNDER
THE SECURITIES ACT OF 1933

IMPERIAL SUGAR COMPANY
(Exact name of registrant as specified in its Charter)

Texas
74-0704500
(State or other jurisdiction of
(I.R.S. Employer
incorporation or organization)
Identification No.)
   
One Imperial Square
  
8016 Highway 90-A, P.O. Box 9
  
Sugar Land, Texas
77487-0009
(Address of principal executive offices)
(Zip code)
   
Imperial Sugar Company Long Term Incentive Plan
Imperial Sugar Company Long Term Incentive Plan
Imperial Sugar Company Long Term Incentive Plan
Imperial Sugar Company Long Term Incentive Plan
 (Full title of the plan)

Louis T. Bolognini
Senior Vice President and General Counsel
Imperial Sugar Company
One Imperial Square
8016 Highway 90-A, P.O. Box 9
Sugar Land, Texas 77487-0009
(Name and address of agent for service)

(281) 491-9181
(Telephone number, including area code,
of agent for service)


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 o
Accelerated filer þ
Non-accelerated filer o
(Do not check if a smaller reporting company)
Smaller reporting company o


 
 
 


 
EXPLANATORY NOTE
 
This Post-Effective Amendment No. 1 relates to the following Registration Statements on Form S-8 (collectively, the “Registration Statements”) of Imperial Sugar Company (the “Company”):
 
Registration Statement No. 333-179499, filed by the Company with the Securities and Exchange Commission (the “SEC”) on February 14, 2012, relating to the registration of 500,000 shares of common stock, no par value (“Shares”), of the Company issuable under the Imperial Sugar Company Long Term Incentive Plan.
 
Registration Statement No. 333-131930, filed by the Company with the SEC on February 17, 2006, relating to the registration of 600,000 Shares issuable under the Imperial Sugar Company Long Term Incentive Plan.
 
Registration Statement No. 333-105160, filed by the Company with the SEC on May 12, 2003, relating to the registration of 450,000 Shares issuable under the Imperial Sugar Company Long Term Incentive Plan.
 
Registration Statement No. 333-102876, filed by the Company with the SEC on January 31, 2003, relating to the registration of 1,234,568 Shares issuable under the Imperial Sugar Company Long Term Incentive Plan.
 
On June 22, 2012, pursuant to that certain Agreement and Plan of Merger, dated as of May 1, 2012, by and among the Company, LD Commodities Sugar Holdings LLC, a Delaware limited liability company (“Parent”) and Louis Dreyfus Commodities Subsidiary Inc., a Texas corporation, the Company became a wholly-owned subsidiary of Parent.  As a result of the transactions contemplated thereby, the Company has terminated all offerings of the Company’s securities pursuant to the Registration Statements.
 
This Post-Effective Amendment No. 1 to each of the Registration Statements is being filed to deregister, as of the effectiveness of this post-effective amendment, all unsold securities which were registered for sale under 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 the requirements for filing on Form  S-8, and has duly caused this Post-Effective Amendment to the prior Registration Statements to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Houston, State of Texas, on June 27, 2012.

 
Imperial Sugar Company
   
 
By
/s/ John Sheptor
 
Name: John Sheptor
 
Title:  President and Chief Executive Officer

Pursuant to the requirements of the Securities Act of 1933, this Post-Effective Amendment to the prior Registration Statements has been signed by the following persons in the capacities indicated on June 27, 2012.

     
/s/ John Sheptor
  
President and Chief Executive Officer
(Principal Executive Officer)
John Sheptor
    
     
/s/ H.P. Mechler
  
Senior Vice President and Chief Financial Officer
(Principal Financial and Accounting Officer)
H.P. Mechler
    
     
/s/ Paul Akroyd
  
Director
Paul Akroyd
    
     
/s/ Robert G. Eckert
  
Director
Robert G. Eckert
    
     
/s/ Michael A. Gorrell
  
Director
Michael A. Gorrell
    
     
/s/ H. Thomas Hayden, Jr.
  
Director
H. Thomas Hayden, Jr.
    
     
/s/ Jan-Mikael Morn
  
Director
Jan-Mikael Morn
    
     
/s/ David S. Rossen
  
Director
David S. Rossen