-----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, M7Q6FtWH+xAUOpneH4KkeVznNkjQzhNvN/TDiy4sqw0/txNpyhlH0SP48DoYjuBE +9lQa2MPxym7acsbMpzBgw== 0000890566-97-002056.txt : 19970918 0000890566-97-002056.hdr.sgml : 19970918 ACCESSION NUMBER: 0000890566-97-002056 CONFORMED SUBMISSION TYPE: POS AM PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 19970912 SROS: AMEX FILER: COMPANY DATA: COMPANY CONFORMED NAME: MAXXIM MEDICAL INC CENTRAL INDEX KEY: 0000858660 STANDARD INDUSTRIAL CLASSIFICATION: ORTHOPEDIC, PROSTHETIC & SURGICAL APPLIANCES & SUPPLIES [3842] IRS NUMBER: 760291634 STATE OF INCORPORATION: TX FISCAL YEAR END: 1031 FILING VALUES: FORM TYPE: POS AM SEC ACT: SEC FILE NUMBER: 333-27609 FILM NUMBER: 97679376 BUSINESS ADDRESS: STREET 1: 104 INDUSTRIAL BLVD CITY: SUGAR LAND STATE: TX ZIP: 77478 BUSINESS PHONE: 7132405588 MAIL ADDRESS: STREET 1: 104 INDUSTRIAL BLVD CITY: SUGAR LAND STATE: TX ZIP: 77478 POS AM 1 As filed with the Securities and Exchange Commission on September 12, 1997. Registration No. 33-27609 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 MAXXIM MEDICAL, INC. (Exact name of registrant as specified in its charter) TEXAS 76-0291634 (State or other jurisdiction of (I.R.S. Employer incorporation or organization) Identification No.) 10300 49TH STREET NORTH, CLEARWATER, FLORIDA 33762 (Address Principal Executive Offices) (Zip Code) 1995 EMPLOYEE STOCK OPTION PLAN 1997 EMPLOYEE STOCK OPTION PLAN 1995 NON-EMPLOYEE DIRECTOR STOCK OPTION PLAN 1996 NON-EMPLOYEE DIRECTOR STOCK OPTION PLAN 1997 NON-EMPLOYEE DIRECTOR STOCK OPTION PLAN SENIOR MANAGEMENT STOCK PURCHASE PLAN (Full title of the plan) KENNETH W. DAVIDSON PRESIDENT 10300 49TH STREET NORTH CLEARWATER, FLORIDA 33762 (Name and address of agent for service) (713) 240-5588 (Telephone number, including area code, of agent for service) COPY TO: RITA J. LEADER BOYER, EWING & HARRIS INCORPORATED NINE GREENWAY PLAZA, SUITE 3100 HOUSTON, TEXAS 77046 (713) 871-2025 PART II INFORMATION REQUIRED IN THE REGISTRATION STATEMENT EXHIBIT NO. EXHIBIT TITLE 4.7 --Amendment No. 1 to 1995 Employee Stock Option Plan 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 THE REQUIREMENTS FOR FILING ON FORM S-8 AND HAS DULY CAUSED THIS POST-EFFECTIVE AMENDMENT TO ITS REGISTRATION STATEMENT TO BE SIGNED ON ITS BEHALF BY THE UNDERSIGNED, THERETO DULY AUTHORIZED, IN THE CITY OF CLEARWATER, STATE OF FLORIDA, ON SEPTEMBER 12, 1997. MAXXIM MEDICAL, INC. By:/s/ KENNETH W. DAVIDSON Kenneth W. Davidson, Chairman of the Board, President and Chief Executive Officer SIGNATURES PURSUANT TO THE REQUIREMENTS OF THE SECURITIES ACT OF 1933, AS AMENDED, THIS POST-EFFECTIVE AMENDMENT TO ITS REGISTRATION STATEMENT HAS BEEN SIGNED BY THE FOLLOWING PERSONS IN THE CAPACITIES AND ON THE DATES INDICATED. SIGNATURES TITLES DATE /s/ Kenneth W. Davidson Chairman of the Board of September 12, 1997 (KENNETH W. DAVIDSON) Directors,President and Chief Executive Officer (principal executive officer) /s/ Peter M.Graham Executive Vice President, September 12, 1997 (PETER M. GRAHAM) Secretary, Treasurer, and Chief Operating Officer (principal financial officer) /s/ Alan S. Blazei Vice President - Controller September 12, 1997 (ALAN S. BLAZEI) (principal accounting officer) */s/ Donald R. DePriest Director September 12, 1997 (DONALD R. DEPRIEST) */s/ Peter G. Dorflinger Director September 12, 1997 (PETER G. DORFLINGER) */s/ Martin Grabois, M.D. Director September 12, 1997 (MARTIN GRABOIS, M.D.) */s/ Ernest J. Henley, PhD. Director September 12, 1997 (ERNEST J. HENLEY, PH.D.) */s/ Richard O. Martin Director September 12, 1997 (RICHARD O. MARTIN, PH.D.) */s/ Henk R. Wafelman Director September 12, 1997 (HENK R. WAFELMAN) A power of attorney authorizing Kenneth W. Davidson to execute amendments to this Registration Statement on behalf of the above named directors was included in the Registration Statement as originally filed by the Registrant with the Commission on May 22, 1997. *By: /s/ KENNETH W. DAVIDSON (Kenneth W. Davidson Attorney-in-Fact) EXHIBIT 4.7 MAXXIM MEDICAL, INC. AMENDMENT NO. 1 TO 1995 EMPLOYEE STOCK OPTION PLAN This Amendment No. 1 to the 1995 Employee Stock Option Plan (the "Plan") is adopted by the Board of Directors of Maxxim Medical, Inc., a Texas corporation (the "Company"), effective the 4th day of November, 1996 (the "Adoption Date"). W I T N E S S E T H: WHEREAS, the number of shares reserved for issuance under the Plan is currently insufficient to allow the Stock Option Committee of the Plan (the ACommittee@) to grant options under the Plan to the employees and in the amounts it deems desirable and in the best interests of the Company; and WHEREAS, the Committee believes that allowing certain employees to obtain options to purchase shares of Common stock under the Plan at this time is beneficial to the continued success of the Company; NOW, THEREFORE, the first sentence of Section 2 of the Plan is hereby amended to read as follows: A1. AMOUNT OF STOCK. The total number of shares of Common Stock to be subject to options granted pursuant to this Plan shall not exceed 512,000 shares.@ This Amendment No. 1 to the 1995 Employee Stock Option Plan is adopted by the Board of Directors of the Company effective as of the Adoption Date. -----END PRIVACY-ENHANCED MESSAGE-----