-----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, FbnKtzC5dblg7qC9YDpKKlBeT3sADgygrxmD39O7NqRVM+o1KCyh+SAICnhWFNw6 ybTFfN27ODTul9WkIB64Yg== 0000950134-06-009303.txt : 20060510 0000950134-06-009303.hdr.sgml : 20060510 20060509190107 ACCESSION NUMBER: 0000950134-06-009303 CONFORMED SUBMISSION TYPE: S-8 POS PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20060510 DATE AS OF CHANGE: 20060509 EFFECTIVENESS DATE: 20060510 FILER: COMPANY DATA: COMPANY CONFORMED NAME: HORTON D R INC /DE/ CENTRAL INDEX KEY: 0000882184 STANDARD INDUSTRIAL CLASSIFICATION: OPERATIVE BUILDERS [1531] IRS NUMBER: 752386963 STATE OF INCORPORATION: DE FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: S-8 POS SEC ACT: 1933 Act SEC FILE NUMBER: 333-89346 FILM NUMBER: 06822854 BUSINESS ADDRESS: STREET 1: D.R. HORTON TOWER STREET 2: 301 COMMERCE STREET, SUITE 500 CITY: FORT WORTH STATE: TX ZIP: 76102 BUSINESS PHONE: 8173908200 MAIL ADDRESS: STREET 1: D.R. HORTON TOWER STREET 2: 301 COMMERCE STREET, SUITE 500 CITY: FORT WORTH STATE: TX ZIP: 76102 S-8 POS 1 d35967bsv8pos.htm POST-EFFECTIVE AMENDMENT TO FORM S-8 sv8pos
 

As filed with the Securities and Exchange Commission on May 9, 2006
Registration No. 333-89346
 
 
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
 
D.R. HORTON, INC.
(Exact name of registrant as specified in its charter)
     
Delaware
(State or other jurisdiction of
incorporation or organization) 		  75-2386963
(I.R.S. Employer
Identification Number)
301 Commerce St., Suite 500
Fort Worth, Texas 76102
(817) 390-8200
(Address, Including Zip Code, and Telephone
Number, Including Area Code, of Registrant’s
Principal Executive Offices)
D.R. HORTON, INC. 1991 STOCK INCENTIVE PLAN
(Full Title of the Plan)
Thomas B. Montano
Vice President,
Corporate & Securities Counsel
D.R. Horton, Inc.
301 Commerce St., Suite 500
Fort Worth, Texas 76102
(817) 390-8200
(Name, Address and Telephone Number, Including Area Code, of Agent for Service)
 
 

 

 

     D.R. Horton, Inc. previously filed a registration statement on Form S-8 (registration No. 333-89346) to register shares of D.R. Horton common stock, par value $.01, for issuance pursuant to the D.R. Horton, Inc. 1991 Stock Incentive Plan.
     On January 26, 2006, D.R. Horton’s stockholders approved the D.R. Horton, Inc. 2006 Stock Incentive Plan, which replaced the 1991 Stock Incentive Plan. The aggregate number of shares of D.R. Horton common stock available under the 2006 Stock Incentive Plan includes a new authorization of 28.0 million shares, plus any shares that remained available for awards under the 1991 Stock Incentive Plan on January 26, 2006. In addition, the total shares available for awards under the 2006 Stock Incentive Plan are subject to increase by subsequent specified terminations of awards under the 1991 Stock Incentive Plan that were outstanding on January 26, 2006.
     This post-effective amendment no. 1 to registration statement on Form S-8 (registration No. 333-89346) is filed to deregister 2,400,000 shares of D.R. Horton common stock registered under the registration statement. All of these 2,400,000 shares are no longer available for issuance under the 1991 Stock Incentive Plan, have become available for issuance under the 2006 Stock Incentive Plan and are being registered on a new registration statement on Form S-8 of D.R. Horton.

 

 

SIGNATURES
     Pursuant to the requirements of the Securities Act of 1933, the registrant, D.R. Horton, Inc., 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 no. 1 to registration statement on Form S-8 to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Fort Worth, State of Texas, on this 9th day of May, 2006.
         
  D.R. HORTON, INC.
 		  
  By:   /s/ BILL W. WHEAT    
    Bill W. Wheat   
    Executive Vice President and Chief Financial Officer   

S-1

 

         
POWER OF ATTORNEY
     KNOW ALL MEN BY THESE PRESENTS, that each person whose signature appears below hereby constitutes and appoints each of Donald R. Horton, individually, and Donald J. Tomnitz and Bill W. Wheat together as a group, as his true and lawful attorney-in-fact and agent, for him and in his name, place and stead, in any and all capacities, to sign any and all amendments to the registration statement, as amended, including additional post-effective amendments and to file the same, with all exhibits thereto, and other documents in connection therewith, with the Securities and Exchange Commission, granting unto each such attorney-in-fact and agent full power and authority to do so and perform each and every act and thing requisite and necessary to be done in and about the premises, as fully to all intents and purposes as he might or could do in person, hereby ratifying and confirming all that each such attorney-in-fact and agent, each acting alone, may lawfully do or cause to be done by virtue hereof.
     Pursuant to the requirements of the Securities Act of 1933, this post-effective amendment no. 1 to registration statement on Form S-8 has been signed by the following persons in the capacities and on the dates indicated.
REGISTRANT OFFICERS AND DIRECTORS
         
Signature   Title   Date
         
/s/ DONALD R. HORTON   Chairman of the Board   May 9, 2006
         
Donald R. Horton        
         
/s/ DONALD J. TOMNITZ   Vice Chairman of the Board,
President and Chief Executive
Officer (Principal Executive Officer) 		  May 9, 2006
         
Donald J. Tomnitz        
         
/s/ BILL W. WHEAT   Executive Vice President and
Chief Financial Officer and
Director (Principal Accounting and Financial Officer) 		  May 9, 2006
         
Bill W. Wheat        
         
/s/ BRADLEY S. ANDERSON   Director   May 9, 2006
         
Bradley S. Anderson        
         
/s/ MICHAEL R. BUCHANAN   Director   May 9, 2006
         
Michael R. Buchanan        
         
/s/ RICHARD I. GALLAND   Director   May 9, 2006
         
Richard I. Galland        
         
/s/ MICHAEL W. HEWATT   Director   May 9, 2006
         
Michael W. Hewatt        

S-2

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