Registration No. 333-67958
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
WOLVERINE TUBE, INC.
(Exact Name of Registrant as Specified in Its Charter)
| DELAWARE | 63-0970812 |
(State or Other Jurisdiction of Incorporation or Organization) | (I.R.S. Employer Identification No.) |
200 CLINTON AVENUE WEST, SUITE 1000
HUNTSVILLE, ALABAMA 35801
(Address, Including Zip Code, of Principal Executive Offices)
WOLVERINE TUBE, INC.
1993 EQUITY INCENTIVE PLAN
DAVID A. OWEN
SENIOR VICE PRESIDENT, CHIEF FINANCIAL OFFICER AND SECRETARY
200 CLINTON AVENUE WEST, SUITE 1000
HUNTSVILLE, ALABAMA 35801
(Name and Address of Agent for Service)
(256) 353-1310
(Telephone Number, Including Area Code, of Agent for Service)
DEREGISTRATION OF SHARES
On March 16, 2010, the Board of Directors of Wolverine Tube, Inc. unanimously voted to voluntarily terminate the registration of its Common Stock under the Securities Exchange Act of 1934, as amended, by filing a Form 15 with the SEC.
This Post-Effective Amendment No. 1 to Form S-8 Registration Statement (“Amendment No. 1”) amends the Registration Statement on Form S-8 (File No. 333-67958) filed by Wolverine Tube, Inc. (the “Company”) on August 20, 2001, to register 1,525,000 shares of the Company’s Common Stock, par value $0.01 per share, reserved for issuance under the Company’s 1993 Equity Incentive Plan (the “Prior Registration Statement”).
This Amendment No. 1 is filed to deregister all securities that were previously registered and have not been sold or otherwise issued as of the date of the filing of this amendment under the above-referenced plan and for which the above-referenced Prior Registration Statement has remained in effect.
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the registrant certifies that it has reasonable grounds to believe that it meets the requirements for filing on Form S-8 and has duly caused this Post-Effective Amendment No. 1 to the Prior Registration Statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Decatur, State of Alabama, on the 22nd day of March, 2010.
| | WOLVERINE TUBE, INC. | |
| | | |
| | | |
| | | | |
| | By: | /s/ Steven S. Elbaum | |
| | Name: | Steven S. Elbaum | |
| | Title: | Chairman and Chief Executive Officer | |
| | | | |
Pursuant to the requirements of the Securities Act, this Amendment No. 1 to the Prior Registration Statement has been signed by the following persons in the capacities and on the duties indicated.
| Name | Position | Date |
| | | |
| /s/ Steven S. Elbaum | Chairman and Chief Executive Officer | March 22, 2010 |
| Steven S. Elbaum | (Principal Executive Officer) | |
| | | |
| /s/ David A. Owen | Senior Vice President, Chief | March 22, 2010 |
| David A. Owen | Financial Officer and Secretary | |
| | (Principal Financial and Accounting Officer) | |
| | | |
| /s/ John L. Duncan | Director | March 22, 2010 |
| John L. Duncan | | |
| | | |
| /s/ William F. Evans | Director | March 22, 2010 |
| William F. Evans | | |
| | | |
| /s/ David M. Gilchrist | Director | March 22, 2010 |
| David M. Gilchrist | | |
| | | |
| /s/ K. Mitchell Posner | Director | March 22, 2010 |
| K. Mitchell Posner | | |
| | | |
| /s/ Alan Kestenbaum | Director | March 22, 2010 |
| Alan Kestenbaum | | |
| | | |
| /s/ Keith A. Carter | Director | March 22, 2010 |
| Keith A. Carter | | |
