As filed with the Securities and Exchange Commission on July 8, 2003
Registration No. 333-33486
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
AVERY COMMUNICATIONS, INC.
(Exact name of registrant as specified in its charter)
| Delaware | 22-2227079 | |
| (State or other jurisdiction of incorporation or organization) |
(I.R.S. Employer Identification No.) |
2700 Patriot Boulevard, Suite 150
Glenview, Illinois 60025
(Address of principal executive offices)
AVERY COMMUNICATIONS, INC.
1999 FLEXIBLE INCENTIVE PLAN
(Full title of the plan)
Thomas C. Ratchford
Avery Communications, Inc.
2700 Patriot Boulevard, Suite 150
Glenview, Illinois 60025
(Name and address of agent for service)
(847) 832-0077
(Telephone number, including area code, of agent for service)
DEREGISTRATION OF UNSOLD SECURITIES
On March 29, 2000, Avery Communications, Inc., a Delaware corporation (Avery), filed a registration statement on Form S-8 (No. 333-33486) (the Registration Statement) to register 1,500,000 shares of Averys common stock, par value $0.01 per share (the Common Stock), pursuant to the Avery Communications, Inc. 1999 Flexible Incentive Plan (the Plan).
In accordance with the undertaking contained in Item 9(a)(3) of the Registration Statement, Avery hereby requests that the Securities and Exchange Commission remove from registration any securities that were registered but unsold under the Registration Statement. Avery is requesting removal from registration of these shares because its obligation to maintain the effectiveness of the Registration Statement has ended.
Accordingly, Avery files this Post-Effective Amendment No. 1 to the Registration Statement to deregister the number of shares of the Common Stock covered by the Registration Statement that remain unsold as of the date hereof.
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, Avery 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 Glenview, State of Illinois, on this 8th day of July, 2003.
| AVERY COMMUNICATIONS, INC. | ||
| By: |
/s/ THOMAS C. RATCHFORD | |
| Thomas C. Ratchford Vice President and Chief Financial Officer | ||
Pursuant to the requirements of the Securities Act of 1933, this Post-Effective Amendment No. 1 to this Registration Statement has been signed by the following persons in the capacities and on the dates stated.
| SIGNATURE |
Title |
Date | ||
| /s/ PATRICK J. HAYNES, III Patrick J. Haynes, III |
Director, Chairman of the Board and Chief Executive Officer (Principal Executive Officer) |
Dated: July 8, 2003 | ||
| /s/ MICHAEL J. LABEDZ Michael J. Labedz |
Director, President and Chief Operating Officer |
Dated: July 8, 2003 | ||
| /s/ THOMAS C. RATCHFORD Thomas C. Ratchford |
Director, Vice President and Chief Financial Officer (Principal Financial Officer and Principal Accounting Officer) | Dated: July 8, 2003 | ||
| /s/ ROBERT T. ISHAM, JR. Robert T. Isham, Jr. |
Director |
Dated: July 8, 2003 | ||
| /s/ NORMAN M. PHIPPS Norman M. Phipps |
Director |
Dated: July 8, 2003 | ||
| /s/ J. ALAN LINDAUER J. Alan Lindauer |
Director |
Dated: July 8, 2003 | ||
| /s/ ADM. LEIGHTON W. SMITH Adm. Leighton W. Smith |
Director |
Dated: July 8, 2003 | ||