As filed with the Securities and Exchange Commission on June 16, 2010
Registration No. 333-143828
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
BWAY HOLDING COMPANY
(Exact name of registrant as specified in its charter)
Delaware | 3411 | 30-3624491 | ||
(State or other jurisdiction of incorporation or organization) | (Primary Standard Industrial Classification Code Number) | (I.R.S. Employer Identification Number) |
8607 Roberts Drive, Suite 250
Atlanta, Georgia 30350
(770) 645-4800
(Address, including ZIP Code, and telephone number, including
area code, of registrant’s principal executive offices)
BWAY Holding Company 2007 Omnibus Incentive Plan
BCO Holding Company Stock Incentive Plan
1995 Long-Term Incentive Plan
(Full Title of the Plan)
Kevin C. Kern
Senior Vice President and Chief Administrative Officer
BWAY Holding Company
8607 Roberts Drive, Suite 250
Atlanta, Georgia 30350
(770) 645-4800
(Name, address, including ZIP Code, and telephone number, including area code, of agent for service)
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 definitions of “large accelerated filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange Act. (Check one):
Large accelerated filer¨ Accelerated filerx Non-accelerated filer¨ Smaller reporting company¨ (Do not check if a smaller reporting company)
EXPLANATORY NOTE: DEREGISTRATION OF SECURITIES
The registration statement on Form S-8 (Registration No. 333-143828) (the “Registration Statement”) of BWAY Holding Company (the “Company”), pertaining to the registration of 8,850,268 shares of the Company’s common stock, par value $0.01 per share, to which this Post-Effective Amendment No. 1 relates, was filed with the Securities and Exchange Commission on June 15, 2007.
In accordance with an undertaking made by the Company in the Registration Statement to remove from registration by means of a post-effective amendment any of the securities being registered which remain unsold at the termination of the offering, the Company hereby amends the Registration Statement to deregister any remaining securities registered but unsold under the Registration Statement.
SIGNATURES
The Registrant. 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 Registration Statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Atlanta, State of Georgia, on June 16, 2010. No other person is required to sign this Post-Effective Amendment No. 1 in reliance upon Rule 478 under the Securities Act of 1933.
BWAY HOLDING COMPANY | ||
By: | /s/ Kenneth M. Roessler | |
Name: | Kenneth M. Roessler | |
Title: | President and Chief Executive Officer |