-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, CUJnhYMu9S24nqoZ1pOnrHrnSPcajPPSNYK8UBv8158z2vHS5TFFZCPe4Yj0yanE GOlKjxokZuOMh7633hMa6w== 0000912057-96-030091.txt : 19961225 0000912057-96-030091.hdr.sgml : 19961225 ACCESSION NUMBER: 0000912057-96-030091 CONFORMED SUBMISSION TYPE: POS AM PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 19961224 SROS: NASD FILER: COMPANY DATA: COMPANY CONFORMED NAME: KASH N KARRY FOOD STORES INC CENTRAL INDEX KEY: 0000842913 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-GROCERY STORES [5411] IRS NUMBER: 954161591 STATE OF INCORPORATION: DE FISCAL YEAR END: 0730 FILING VALUES: FORM TYPE: POS AM SEC ACT: 1933 Act SEC FILE NUMBER: 033-58999 FILM NUMBER: 96685490 BUSINESS ADDRESS: STREET 1: 6422 HARNEY RD CITY: TAMPA STATE: FL ZIP: 33610 BUSINESS PHONE: 8136210276 POS AM 1 FORM S-3/A As filed with the Securities and Exchange Commission on December 23, 1996 Registration No. 033-58999 - ------------------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 -------------------- POST-EFFECTIVE AMENDMENT NO. 1 TO FORM S-3 REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 -------------------- KASH N' KARRY FOOD STORES, INC. (Exact name of registrant as specified in its charter) DELAWARE (State or other jurisdiction of incorporation) 95-4161591 (I.R.S. Employer Identification No.) 6422 HARNEY ROAD TAMPA, FLORIDA 33610 (813) 621-0200 (Address, including zip code, and telephone number, including area code, of Registrant's principal executive offices) R. WILLIAM MCCANLESS EXECUTIVE VICE PRESIDENT 6422 HARNEY ROAD TAMPA, FLORIDA 33610 (813) 621-0200 (Name, address, including zip code, and telephone number, including area code, of agent for service) -------------------- COPY TO: RUSSELL W. PARKS, JR., P.C. AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P. 1333 NEW HAMPSHIRE AVENUE, N.W., SUITE 400 WASHINGTON, D.C. 20036 Approximate date of commencement of proposed sale of securities to the public: From time to time after the effective date of this Registration Statement, as determined by the Selling Stockholders. If the only securities being registered on this Form are being offered pursuant to dividend or interest reinvestment plans, please check the following box. 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, other than securities offered only in connection with dividend or interest reinvestment plans, check the following box. /X/ If this Form is filed to register additional securities for an offering pursuant to Rule 462(b) under the Securities Act, please check the following box and list the Securities Act registration number of the earlier registration statement for the same offering. If this Form is a post-effective amendment filed pursuant to Rule 462(c) under the Securities Act, please check the following box and list the Securities Act registration Statement number of the earlier effective registration statement for the same offering. If delivery of the prospectus is expected to be made pursuant to Rule 434, please check the following box. - ------------------------------------------------------------------------------- Page 1 of 3 PART I -- INFORMATION REQUIRED IN PROSPECTUS Kash n' Karry Food Stores, Inc. (the "Company") filed a Registration Statement on Form S-3, Registration No. 33-58999, (the "Registration Statement"), on October 1, 1996, in connection with 4,649,993 shares of Stock, $.01 par value per share (the "Common Stock"), of the Company for resale from time to time by certain holders of the Common Stock (the "Selling Stockholders"). No shares of the Common Stock were sold pursuant to the Registration Statement. This Post-Effective Amendment No. 1 is being filed to deregister all 4,649,993 shares of the Common Stock. This deregistration relates to the consummation on December 18, 1996 of a tender offer and merger whereby the Company became an indirect wholly owned subsidiary of Food Lion, Inc., a North Carolina corporation. 2 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-3 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 Salisbury, State of North Carolina, on December 23, 1996. KASH N' KARRY FOOD STORES, INC. By: /s/ R. William McCanless --------------------------------- R. William McCanless Executive Vice President Pursuant to the requirements of the Securities Act of 1933, this this Post-Efffective Amendment No. 1 to Registration Statement has been signed by the following persons in the capacities and on the dates indicated: Signature Title Date /s/ Ronald E. Johnson President, Chief Executive December 23, 1996 - -------------------- Officer (Principal Executive Ronald E. Johnson Officer) and Chief Operating Officer /s/ Richard D. Coleman Senior Vice President, Chief December 23, 1996 - --------------------- Financial Officer (Principal Richard D. Coleman Financial Officer) and Secretary /s/ Marvin W. Snow, Jr. Vice President, Controller December 23, 1996 - ---------------------- (Principal Accounting Officer) Marvin W. Snow, Jr. /s/ Tom E. Smith Chairman of the Board of December 23, 1996 - --------------- Directors Tom E. Smith /s/ Joseph C. Hall Director December 23, 1996 - ----------------- Joseph C. Hall /s/ R. William McCanless Director December 23, 1996 - ----------------------- R. William McCanless 3 -----END PRIVACY-ENHANCED MESSAGE-----