S-8 POS 1 forms8.htm THE BOMBAY COMPANY INC S-8 POS 6-4-2008 forms8.htm
As filed with the Securities and Exchange Commission on June 4, 2008
Registration Statement No. 33-40743
 


SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.  20549


POST-EFFECTIVE AMENDMENT NO. 1
TO REGISTRATION STATEMENT
ON FORM S-8
UNDER
THE SECURITIES ACT OF 1933


THE BOMBAY COMPANY, INC.
(Exact name of registrant as specified in its charter)

Delaware
 
75-1475223
(State or other jurisdiction of incorporation or organization)
 
(I.R.S. Employer Identification No.)
     
550 Bailey Avenue, Suite 400
 
76107
Fort Worth, Texas
 
(Zip Code)
(Address of principal executive offices)
   


The Bombay Company, Inc.
Employee 401(k) Savings and Stock Ownership Plan
(Full title of the Plan)


Elaine D. Crowley
SVP, CFO, Secretary & Treasurer
The Bombay Company, Inc.
550 Bailey Avenue, Suite 400
Fort Worth, Texas  76107-2111
(817) 347-8200
(Name, address and telephone number of agent for service)


Copy to:

Fred W. Fulton
Thompson & Knight LLP
1700 Pacific Avenue, Suite 3300
Dallas, Texas  75201
(214) 969-1700

__________________________________
 
 


 
 

 

EXPLANATORY NOTE: DEREGISTRATION OF SHARES AND PLAN INTERESTS


The Bombay Company, Inc. (the “Company”) is filing this Post-Effective Amendment No. 1 to Registration Statement No. 33-40743 (the “Registration Statement”), filed with the Securities and Exchange Commission on May 21, 1991, to deregister all the shares of the Company’s common stock, par value $0.01 per share (“Shares”), and related plan interests under The Bombay Company, Inc. Employee 401(k) Savings and Stock Ownership Plan (the “Plan”), the offering and sale of which were registered under the Securities Act of 1933, as amended (the “Securities Act”).

On September 20, 2007, the Company and its U.S. wholly-owed subsidiaries filed voluntary petitions for relief under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court, Northern District of Texas, Fort Worth Division.  Similarly, on September 20, 2007, the Company’s Canadian operations filed for relief under the Companies’ Creditors Arrangement Act in Canada.

On November 19, 2007, the Board of Directors of the Company authorized the termination of the Plan effective December 31, 2007.  The assets of the Plan were distributed to participants as of May 14, 2008 and the Plan will no longer offer or sell Shares or Plan interests.   Consequently, this Post-Effective Amendment No. 1 to the Registration Statement is being filed to deregister the remaining Shares and the Plan interests, the offering and sale of which were previously registered under the Registration Statement.
 
 
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SIGNATURES

Pursuant to the requirements of the Securities Act, the Registrant certifies that it has duly caused this Post-Effective Amendment No. 1 to Registration Statement No. 33-40743 to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Fort Worth, State of Texas on June 4, 2008.


 
THE BOMBAY COMPANY, INC.
     
     
 
By:
/s/ ELAINE D. CROWLEY
   
Elaine D. Crowley, SVP, Chief Financial Officer, Secretary and Treasurer


Pursuant to the requirements of the Securities Act, this Post Effective Amendment No. 1 to Registration Statement No. 33-40743 has been signed by the following persons in the capacities and on the dates indicated.

Signature
 
Capacity in Which Signed
 
Date
         
/s/ ELAINE D. CROWLEY
 
Senior Vice President, Chief Financial Officer, Secretary and Treasurer
 
June 4, 2008
  Elaine D. Crowley
     
 
       
 
/s/ NIGEL TRAVIS
 
Lead Director
 
May 30, 2008
  Nigel Travis
     
 
       
 
/s/ SUE T. GROENTEMAN
 
Director
 
June 2, 2008
  Sue T. Groenteman
     
 
       
 
   
Director
 
 
  Paul V. Higham
     
 
       
 
/s/ PAUL J. RAFFIN
 
Director
 
June 1, 2008
  Paul J. Raffin
     
 
       
 
   
Director
   
  Julie L. Reinganum
     
 
       
 
/s/ LAURIE M. SHAHON
 
Director
 
June 2, 2008
  Laurie M. Shahon
       
 
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Signature
 
Capacity in Which Signed
 
Date
         
/s/ BRUCE R. SMITH
 
Director
 
June 1, 2008
  Bruce R. Smith
     
 
       
 
/s/ DAVID B. STEWART
 
Director
 
June 2, 2008
  David B. Stewart
     
 

 
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SIGNATURES

Pursuant to the requirements of the Securities Act, the Administrative Committee appointed under The Bombay Company Inc. 401(k) Savings and Stock Ownership Plan has duly caused this Post-Effective Amendment No. 1 to Registration Statement No. 33-40743 to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Fort Worth, State of Texas on June 4, 2008.

 
THE BOMBAY COMPANY, INC. 401(K) SAVINGS AND STOCK OWNERSHIP PLAN
     
     
     
 
By:
/s/ ELAINE D. CROWLEY
   
Elaine D. Crowley
   
Member of the Administrative Committee
 

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