As filed with the Securities and Exchange Commission onDecember 22, 2009
Registration No. 333-146982
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
AbitibiBowater Inc.
(Exact name of Registrant as specified in its charter)
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| Delaware | | 98-0526415 |
(State or other jurisdiction of incorporation or organization) | | (IRS Employer Identification No.) |
1155 Metcalfe Street, Suite 800
Montreal, Quebec
Canada H3B 5H2
(514) 875-2160
(Address, including zip code, of principal executive offices)
AbitibiBowater Inc. Retirement Savings Plan
(f/k/a Bowater Incorporated Retirement Savings Plan)
(Full title of the plan)
The Corporation Trust Company
1209 Orange Street
Wilmington, Delaware 19801
(866) 809-1134
(Name of agent, including area code, for service)
COPIES TO:
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AbitibiBowater Inc. 1155 Metcalfe Street, Suite 800 Montreal, Quebec Canada H3B 5H2 (212) 373-3000 Attention: Jacques P. Vachon | | Seyfarth Shaw LLP 131 South Dearborn Suite 2400 Chicago, Illinois 60603 (312) 460-5000 Attention: Ameena Majid |
REMOVAL OF SECURITIES FROM REGISTRATION
This Post-Effective Amendment No. 1 to Form S-8 relates to the Registration Statement on Form S-8 (Registration No. 333-146982) of AbitibiBowater Inc. (the “Company”). The Registration Statement registered 9,200,000 shares of common stock, par value $0.01 per share, of the Company (the “Shares”), which were to be offered and sold pursuant to the Bowater Incorporated Retirement Savings Plan and later renamed the AbitibiBowater Inc. Retirement Savings Plan, as amended (the “Plan”), and an indeterminate amount of plan interests, in addition to other securities offered under other plans. Effective August 13, 2009, participants in the Plan were no longer permitted to direct the investment of their deferrals into a stock fund comprised of the Shares and all such Shares previously held in such stock fund were subsequently liquidated. As a result, the offering has terminated.
In accordance with an undertaking made by the Company in the Registration Statement to remove by means of a post-effective amendment any securities that remain unsold at the termination of the offering, this Post-Effective Amendment is being filed to remove from registration the Shares and plan interests not heretofore sold pursuant to the Registration Statement. The Registration Statement is hereby amended, as appropriate, to reflect the deregistration of such Shares and plan interests. The Registration Statement remains in effect for the other plans and securities registered therein.
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SIGNATURES
Pursuant to the requirements of the Securities Act, 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, Georgia, United States, on December 17, 2009.
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| ABITIBIBOWATER INC. |
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| By: | | (S) / DAVID J. PATERSON |
| Name: | | David J. Paterson |
| Title: | | President and Chief Executive Officer |
Pursuant to the requirements of the Securities Act, this registration statement has been signed below on December 22, 2009, by the following persons in the capacities indicated.
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SIGNATURE | | TITLE |
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(S) / DAVID J. PATERSON David J. Paterson | | President and Chief Executive Officer (Principal Executive Officer) |
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(S) / RICHARD B. EVANS Richard B. Evans | | Chairman, Director |
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(S) / WILLIAM G. HARVEY William G. Harvey | | Executive Vice President and Chief Financial Officer (Principal Financial Officer) |
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(S) / JOSEPH B. JOHNSON Joseph B. Johnson | | Senior Vice President, Finance and Chief Accounting Officer (Principal Accounting Officer) |
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(S) / JOHN Q. ANDERSON John Q. Anderson | | Director |
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(S) / JACQUES BOUGIE Jacques Bougie | | Director |
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(S) / WILLIAM E. DAVIS William E. Davis | | Director |
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(S) / ANTHONY F. GRIFFITHS Anthony F. Griffiths | | Director |
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SIGNATURE | | TITLE |
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(S) / RUTH R. HARKIN Ruth R. Harkin | | Director |
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(S) / LISE LACHAPELLE Lise Lachapelle | | Director |
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(S) / GARY J. LUKASSEN Gary J. Lukassen | | Director |
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(S) / PAUL C. RIVETT Paul C. Rivett | | Director |
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(S) / JOHN A. ROLLS John A. Rolls | | Director |
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(S) / TOGO D. WEST, JR. Togo D. West, Jr. | | Director |
SIGNATURE
AbitibiBowater Inc. Retirement Savings Plan. Pursuant to the requirements of the Securities Act of 1933, as amended, the trustee (or other persons who administer the employee benefit plan) has duly caused this Registration Statement on Form S-8 to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Catawba, South Carolina, United States, on December 18, 2009.
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| ABITIBIBOWATER INC. RETIREMENT SAVINGS PLAN |
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| By: | | (S) / KENNY SAWYER |
| | Kenny Sawyer |
| | Member of the AbitibiBowater Pension Administrative Committee |
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