-----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, LS97IPCuz0xEoKfgA3jwgbvVoR0sJr64yq8xCPmwNo2dxvJv1CX7Ggr4QeTl7FBH o1n2ngJvFt67/V2D1VCJSA== 0000950123-10-067428.txt : 20100723 0000950123-10-067428.hdr.sgml : 20100723 20100722201634 ACCESSION NUMBER: 0000950123-10-067428 CONFORMED SUBMISSION TYPE: POS AM PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20100723 DATE AS OF CHANGE: 20100722 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CKE RESTAURANTS INC CENTRAL INDEX KEY: 0000919628 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING PLACES [5812] IRS NUMBER: 330602639 STATE OF INCORPORATION: DE FISCAL YEAR END: 0131 FILING VALUES: FORM TYPE: POS AM SEC ACT: 1933 Act SEC FILE NUMBER: 333-75880 FILM NUMBER: 10965945 BUSINESS ADDRESS: STREET 1: 6307 CARPINTERIA AVENUE STREET 2: SUITE A CITY: CARPINTERIA STATE: CA ZIP: 93013 BUSINESS PHONE: (805) 745-7500 MAIL ADDRESS: STREET 1: 6307 CARPINTERIA AVENUE STREET 2: SUITE A CITY: CARPINTERIA STATE: CA ZIP: 93013 POS AM 1 a56791posam.htm POS AM posam
As filed with the Securities and Exchange Commission on July 22, 2010
Registration No. 333-75880
 
 
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
POST-EFFECTIVE AMENDMENT NO. 2 TO
FORM S-4
REGISTRATION STATEMENT
UNDER
THE SECURITIES ACT OF 1933
CKE RESTAURANTS, INC.
(Exact Name of Registrant as Specified in its Charter)
     
Delaware   33-0602639
(State or jurisdiction of incorporation
or organization) 		  (I.R.S. Employer Identification No.)
     
6307 Carpinteria Ave., Ste. A, Carpinteria, California
(805) 745-7500 		  93013
(Address and Telephone number of Principal Executive Offices)   (Zip Code)
Andrew F. Puzder
Chief Executive Officer
CKE Restaurants, Inc.
6307 Carpinteria Ave., Ste. A
Carpinteria, California 93013
(805) 745-7500
(Name, Address and Telephone Number, Including Area Code, of Agent for Service)
Approximate date of commencement of proposed sale to the public: Not applicable, as this Post-Effective Amendment No. 2 to Form S-4 will deregister the registered but unsold securities under the registration statement.
If the securities being registered on this Form are being offered in connection with the formation of a holding company and there is compliance with General Instruction G, check the following box. o
If this Form is filed to register additional securities for an offering pursuant to Rule 462(b) under the Securities Act, check the following box and list the Securities Act registration statement number of the earlier effective registration statement for the same offering. o
If this Form is a post-effective amendment filed pursuant to Rule 462(d) under the Securities Act, check the following box and list the Securities Act registration statement number of the earlier effective registration statement for the same offering. o
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
If applicable, place an X in the box to designate the appropriate rule provision relied upon in conducting this transaction:
     o Exchange Act Rule 13e-4(i) (Cross-Border Issuer Tender Offer)
     o Exchange Act Rule 14d-1(d) (Cross-Border Third-Party Tender Offer)
 
 

 

 

DEREGISTRATION OF SECURITIES
This Post-Effective Amendment No. 2 to Form S-4 relates to the Registration Statement on Form S-4 (File No. 333-75880), of CKE Restaurants, Inc., a Delaware corporation (the “Registrant”), which was filed with the Securities and Exchange Commission (the “SEC”) and became effective on December 21, 2001, as amended by that certain Post-Effective Amendment No. 1 to Form S-4, which was filed with the SEC and became effective on January 29, 2002 (collectively, the “Registration Statement”).
On July 12, 2010, pursuant to an Agreement and Plan of Merger, dated as of April 18, 2010, by and among Columbia Lake Acquisition Holdings, Inc., a Delaware corporation (“Parent”), Columbia Lake Acquisition Corp., a Delaware corporation and a wholly-owned indirect subsidiary of Parent (“Merger Sub”), and the Registrant, Merger Sub merged with and into the Registrant, with the Registrant continuing as the surviving corporation (the “Merger”). As a result of the Merger, the offering pursuant to the Registration Statement has been terminated. The Registrant hereby removes from registration the securities of the Registrant registered but unsold under the Registration Statement.
SIGNATURES
     Pursuant to the requirements of the Securities Act of 1933, as amended, and Rule 478 thereunder, the Registrant has duly caused this Post-Effective Amendment No. 2 to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Carpinteria, State of California, on July 22, 2010.
         
  CKE RESTAURANTS, INC.
 		  
  By:   /s/ Andrew F. Puzder    
    Name:   Andrew F. Puzder   
    Title:   Chief Executive Officer   
 
     Pursuant to the requirements of the Securities Act of 1933, this Post-Effective Amendment No. 2 has been signed by the following persons in the capacities and on the dates indicated.
         
Signature   Title   Date
 
        
/s/ Andrew F. Puzder
  Chief Executive Officer and Director   July 22, 2010
Andrew F. Puzder
  (Principal Executive Officer)    
 
        
/s/ Theodore Abajian
  Executive Vice President and Chief   July 22, 2010
Theodore Abajian
  Financial Officer
(Principal Financial Officer)		    
 
        
/s/ Reese Stewart
  Senior Vice President and Chief   July 22, 2010
Reese Stewart
  Accounting Officer
(Principal Accounting Officer)		    
 
        
/s/ Peter P. Copses
 
   Chairman of the Board    July 22, 2010
Peter P. Copses
        
 
        
/c/ Lance A. Milken
 
   Director    July 22, 2010
Lance A. Milken
        

 

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