0001193125-13-362913.txt : 20130910 0001193125-13-362913.hdr.sgml : 20130910 20130910171232 ACCESSION NUMBER: 0001193125-13-362913 CONFORMED SUBMISSION TYPE: S-8 POS PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20130910 DATE AS OF CHANGE: 20130910 EFFECTIVENESS DATE: 20130910 FILER: COMPANY DATA: COMPANY CONFORMED NAME: BMC SOFTWARE INC CENTRAL INDEX KEY: 0000835729 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PREPACKAGED SOFTWARE [7372] IRS NUMBER: 742126120 STATE OF INCORPORATION: DE FISCAL YEAR END: 0331 FILING VALUES: FORM TYPE: S-8 POS SEC ACT: 1933 Act SEC FILE NUMBER: 333-150600 FILM NUMBER: 131088825 BUSINESS ADDRESS: STREET 1: 2101 CITYWEST BLVD CITY: HOUSTON STATE: TX ZIP: 77042-2827 BUSINESS PHONE: 7139188800 MAIL ADDRESS: STREET 1: 2101 CITYWEST BLVD CITY: HOUSTON STATE: TX ZIP: 77042-2827 S-8 POS 1 d596573ds8pos.htm S-8 POS S-8 POS

As filed with the Securities and Exchange Commission on September 10, 2013

Post-Effective Amendment No. 1 to Registration Statement on Form S-8 (No. 333-150600)

 

 

 

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

 

 

BMC Software, Inc.

(Exact name of registrant as specified in its charter)

 

 

 

Delaware   74-21226120
(State or other jurisdiction   (I.R.S. Employer
of incorporation or organization)   Identification No.)

2101 CityWest Boulevard

Houston, Texas 77042-2827

(713) 918-8800

(Address, including zip code, and telephone number, including area code, of Registrant’s principal executive offices)

BladeLogic, Inc. Third Amended and Restated 2001 Stock Option and Grant Plan

BladeLogic, Inc. 2007 Stock Option and Incentive Plan

(Full title of the plan)

Christopher C. Chaffin

Vice President, Deputy General Counsel & Assistant Secretary

BMC Software, Inc.

2101 CityWest Boulevard

Houston, Texas 77042-2827

(713) 918-8800

(Name, address, including zip code, and telephone number, including area code, of agent for service)

 

 

TERMINATION OF REGISTRATION

This Post-Effective Amendment No. 1 relates to the Registration Statement on Form S-8 (File No. 333-150600) (the “Registration Statement”) of BMC Software, Inc., a Delaware corporation (the “Company”), filed with the Securities and Exchange Commission on May 2, 2008, pertaining to the registration of 1,975,915 shares of common stock of the Company, par value $.01 per share (the “Common Stock”), issuable under the BladeLogic, Inc. Third Amended and Restated 2001 Stock Option and Grant Plan and the BladeLogic, Inc. 2007 Stock Option and Incentive Plan.

On September 10, 2013, the Company completed its previously announced merger (the “Merger”) with Boxer Merger Sub Inc. (“Merger Sub”), a wholly-owned subsidiary of Boxer Parent Company Inc. (“Parent”), pursuant to that certain Agreement and Plan of Merger, dated as of May 6, 2013 and amended as of July 24, 2013, by and among the Company, Parent and Merger Sub (the “Merger Agreement”). The Company was the surviving corporation in the Merger and, as a result of the Merger, has become a wholly-owned subsidiary of Parent.

As a result of the Merger, the Company has terminated all offerings of Common Stock pursuant to the Registration Statement. In accordance with an undertaking made by the Company in the Registration Statement to remove from registration, by means of a post-effective amendment, any shares of Common Stock which remain unsold at the termination of the offering, the Company hereby removes from registration all shares of Common Stock registered under the Registration Statement which remained unsold at the effective time of the Merger.

 

 

 

 

SIGNATURES

Pursuant to the requirements of the Securities Act of 1933, as amended, the registrant certifies that it has reasonable grounds to believe that it meets all of the requirements for filing this Post-Effective Amendment No. 1 on Form S-8 and has duly caused this Post-Effective Amendment No. 1 to registration statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Houston, State of Texas, on the 10th day of September, 2013.

 

BMC SOFTWARE, INC.
By:   /s/ CHRISTOPHER C. CHAFFIN
 

Christopher C. Chaffin

Vice President, Deputy General Counsel & Assistant Secretary