-----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, NaUVeKc+vSoV8O0DOYDbqoaIl2Rau1YAo0/A53/Rf9ZdZ9Za9mFw8qyGwxVgX0A0 HA2Qq+T8BASP2xrxQDeZTg== 0001008886-07-000150.txt : 20071024 0001008886-07-000150.hdr.sgml : 20071024 20071023173759 ACCESSION NUMBER: 0001008886-07-000150 CONFORMED SUBMISSION TYPE: S-8 POS PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20071024 DATE AS OF CHANGE: 20071023 EFFECTIVENESS DATE: 20071024 FILER: COMPANY DATA: COMPANY CONFORMED NAME: US XPRESS ENTERPRISES INC CENTRAL INDEX KEY: 0000923571 STANDARD INDUSTRIAL CLASSIFICATION: TRUCKING (NO LOCAL) [4213] IRS NUMBER: 621378182 STATE OF INCORPORATION: NV FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: S-8 POS SEC ACT: 1933 Act SEC FILE NUMBER: 033-91238 FILM NUMBER: 071186380 BUSINESS ADDRESS: STREET 1: 4080 JENKINS ROAD CITY: CHATTANOOGA STATE: TN ZIP: 37421 BUSINESS PHONE: 4235103000 MAIL ADDRESS: STREET 1: 4080 JENKINS ROAD CITY: CHATTANOOGA STATE: TN ZIP: 37421 S-8 POS 1 amendmenttoforms8.htm POST-EFFECTIVE AMENDMENT NO. 1 TO FORM S-8 (XPRE$$AVINGS 401(K) PLAN) amendmenttoforms8.htm
 
As filed with the Securities and Exchange Commission on October 23, 2007

Registration No. 33-91238 
 
 

 

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


___________________________



U.S. XPRESS ENTERPRISES, INC.
(Exact name of registrant as specified in its charter)

Nevada
  
62-1378182
(State or Other Jurisdiction of Incorporation)
  
(IRS Employer Identification No.)

___________________________


4080 Jenkins Road, Chattanooga, Tennessee
  
37421
(Address of Principal Executive Offices)
  
(Zip Code)

___________________________

XPRE$$AVINGS 401(k) Plan
(Full Title of the Plan)

___________________________

Ray M. Harlin
Chief Financial Officer
U.S. Xpress Enterprises, Inc.
4080 Jenkins Road
Chattanooga, Tennessee 37421
(Name and Address of Agent for Service)

(423) 510-3000
(Telephone Number, Including Area Code, of Agent for Service)

___________________________
 
 
 
 
 
 
 
 


DEREGISTRATION OF SHARES

This Post-Effective Amendment No. 1 to Form S-8 Registration Statement is being filed solely to remove from registration securities that were registered and will not be issued in connection with the Registrant's offering.

U.S. Xpress Enterprises, Inc., a Nevada corporation (the "Registrant"), filed its Registration Statement on Form S-8 (No. 33-91238) (the "Registration Statement") with the Securities and Exchange Commission with respect to (i) 300,000 shares of the Registrant's Class A Common Stock, par value $0.01 per share (the "Class A Common Stock") that were to be issued in connection with the Registrant’s XPRE$$AVINGS 401(k) Plan (the "Plan"), and (ii) an undeterminable amount of interests to be offered or purchased pursuant to the Plan.

On October 12, 2007, New Mountain Lake Acquisition Company, a Nevada corporation ("NMLAC"), merged with and into the Registrant (the "Merger") pursuant to Section 92A.180 of the Nevada Revised Statutes and the Plan of Merger adopted by the board of directors and stockholder of NMLAC. Following the Merger, no more shares of Class A Common Stock or interests will be issued under the Plan.

Pursuant to the Registrant's undertaking in Part II, Item 9 in the Registration Statement, the Registrant is filing this Post-Effective Amendment No. 1 to the Registration Statement to withdraw the Registration Statement, including all exhibits to the Registration Statement, with respect to all unsold shares of Class A Common Stock and all unsold interests registered under the Registration Statement.


 
 
 

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-8 and has duly caused this Post-Effective Amendment No. 1 to the Registration Statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Chattanooga, State of Tennessee on October 23, 2007.

U.S. XPRESS ENTERPRISES, INC.
 
 
 
By:
/s/ Ray M. Harlin
Name:
Ray M. Harlin
Title:
Chief Financial Officer


Pursuant to the requirements of the Securities Act of 1933, this Post-Effective Amendment No. 1 to the Registration Statement has been signed by the following persons in the capacities and on the dates indicated.


Signature and Title
  
Date
     
     
/s/ Patrick E. Quinn
  
October 23, 2007
Patrick E. Quinn
Co-Chairman of the Board of Directors,
President and Treasurer
    
     
     
     
/s/ Max L. Fuller
  
October 23, 2007
Max L. Fuller
Co-Chairman of the Board of Directors,
Chief Executive Officer and Secretary
    
     
     
     
/s/ Ray M. Harlin
  
October 23, 2007
Ray M. Harlin
Chief Financial Officer, Executive Vice President of
Finance, and Secretary
    



 
 
 




Pursuant to the requirements of the Securities Act of 1933, the trustees (or other persons who administer the employee benefit plan) have duly caused this Post-Effective Amendment No. 1 to the Registration Statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Chattanooga, State of Tennessee on October 23, 2007.


XPRE$$AVINGS 401(K) PLAN
 
By:   INVESTMENT COMMITTEE
 
 
By:
/s/ Lisa M. Pate
Name:
Lisa M. Pate
Title:
Member of Investment Committee



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