Registration No. 333-
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
_______________________
POST-EFFECTIVE AMENDMENT NO. 1 TO
FORM S-8 REGISTRATION STATEMENT No. 333-195673
UNDER THE SECURITIES ACT OF 1933
_______________________
AKORN, INC.
(Exact name of registrant as specified in its charter)
Louisiana (State of Incorporation) | | 72-0717400 (I.R.S. Employer Identification No.) |
1925 W. Field Court, Suite 300
Lake Forest, Illinois 60045
(847) 279-6100
(Address of principal executive offices)
AKORN, INC. 2014 STOCK OPTION PLAN
(Full title of the plan)
Joseph Bonaccorsi, Esq.
Executive Vice President, General Counsel and Secretary
Akorn, Inc.
1925 W. Field Court, Suite 300
Lake Forest, Illinois 60045
(847) 279-6100
(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 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 | ☒ | | Accelerated filer | ☐ |
Non-accelerated filer (Do not check if a smaller reporting company) | ☐
| | Smaller reporting company Emerging Growth company | ☐
☐ |
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 7(a)(2)(B) of the Securities Act.o
DEREGISTRATION OF SECURITIES
On May 2, 2014, Akorn, Inc. (the “Company”) filed a Registration Statement on Form S-8 (the “Registration Statement”), File No. 333-195673, registering 7,500,000 shares of Company common stock, no par value (the “Shares”), to be issued to participants under the Akorn, Inc. 2014 Stock Option Plan (the “2014 Plan”). The Company is no longer issuing equity awards under the 2014 Plan. This Post-Effective Amendment No. 1 (the “Amendment”) to the Registration Statement is being filed in order to withdraw and remove from registration 2,727,377 Shares that were registered under the Registration Statement and that remain unissued and not subject to any outstanding awards under the 2014 Plan. The Registration Statement shall remain in effect for 4,492,968 Shares for purposes of outstanding awards granted under the 2014 Plan.
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, as amended, the Company 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 Amendment to the Registration Statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the city of Lake Forest, State of Illinois, on May 4, 2017.
| | AKORN, INC. | |
| | | | |
| | By: | /s/ Rajat Rai | |
| | | Rajat Rai | |
Pursuant to the requirements of the Securities Act of 1933, as amended, this Amendment to the Registration Statement has been signed by the following persons in the capacities indicated and on the dates indicated.
| Signature | Title | Date |
| | | |
| /s/ Rajat Rai | Chief Executive Officer | May 4, 2017 |
| Rajat Rai | (Principal Executive Officer) | |
| | | |
/s/ Duane A. Portwood | Executive Vice President and
Chief Financial Officer | May 4, 2017 |
| Duane A. Portwood | (Principal Financial Officer) | |
| | | |
/s/ Randall E. Pollard | Corporate Controller and
Chief Accounting Officer | May 4, 2017 |
| Randall E. Pollard | (Principal Accounting Officer) | |
| | | |
| /s/ John N. Kapoor, PH.D. | Director, Chairman of the Board | May 4, 2017 |
| John N. Kapoor, Ph.D | | |
| | | |
| /s/ Kenneth S. Abramowitz | Director | May 4, 2017 |
| Kenneth S. Abramowitz | | |
| | | |
| /s/ Adrienne L. Graves | Director | May 4, 2017 |
| Adrienne L. Graves | | |
| | | |
| /s/ Ronald M. Johnson | Director | May 4, 2017 |
| Ronald M. Johnson | | |
| | | |
| /s/Steven J. Meyer | Director | May 4, 2017 |
| Steven J. Meyer | | |
| | | |
| /s/Terry Allison Rappuhn | Director | May 4, 2017 |
| Terry Allison Rappuhn | | |
| | | |
| /s/ Brian Tambi | Director | May 4, 2017 |
| Brian Tambi | | |
| | | |
| /s/ Alan Weinstein | Director | May 4, 2017 |
| Alan Weinstein | | |
