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As filed with the Securities and Exchange Commission on October 14, 1997
Registration Number 333-12367
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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
POST-EFFECTIVE
AMENDMENT NO. 1
TO
FORM S-3
REGISTRATION STATEMENT
UNDER
THE SECURITIES ACT OF 1933
EVI, INC.
(Exact name of registrant as specified in its charter)
DELAWARE 04-2515019
(State or other jurisdiction of (I.R.S. Employer Identification No.)
incorporation or organization)
5 POST OAK PARK, SUITE 1760
HOUSTON, TEXAS 77027-3415
(713) 297-8400
(Address, including zip code, and telephone number, including area code, of
registrant's principal executive offices)
BERNARD J. DUROC-DANNER
EVI, INC.
5 POST OAK PARK, SUITE 1760
HOUSTON, TEXAS 77027-3415
(713) 297-8400
(Name, address, including zip code, and telephone number, including area code,
of agent for service)
Copies to:
CURTIS W. HUFF
FULBRIGHT & JAWORSKI L.L.P.
1301 MCKINNEY, SUITE 5100
HOUSTON, TEXAS 77010-3095
(713) 651-5151
APPROXIMATE DATE OF COMMENCEMENT OF PROPOSED SALE TO THE PUBLIC: Not
applicable.
If the only securities being registered on this Form are being offered
pursuant to dividend or interest reinvestment plans, please check the following
box. [ ]
If any of the securities being registered on this Form are to be offered
on a delayed or continuous basis pursuant to Rule 415 under the Securities Act
of 1933, check the following box. [ ]
If this Form is filed to register additional securities for an offering
pursuant to Rule 462(b) under the Securities Act, please check the following
box and list the Securities Act registration statement number of the earlier
effective registration statement for the same offering. [ ]____
If this Form is a post-effective amendment filed pursuant to Rule 462(c)
under the Securities Act, check the following box and list the Securities Act
registration statement number of the earlier effective registration statement
for the same offering. [ ]____
If delivery of the prospectus is expected to be made pursuant to Rule
434, please check the following box. [ ]
THE REGISTRANT HEREBY AMENDS THIS REGISTRATION STATEMENT ON SUCH DATE OR
DATES AS MAY BE NECESSARY TO DELAY ITS EFFECTIVE DATE UNTIL THE REGISTRANT
SHALL FILE A FURTHER AMENDMENT WHICH SPECIFICALLY STATES THAT THIS REGISTRATION
STATEMENT SHALL THEREAFTER BECOME EFFECTIVE IN ACCORDANCE WITH SECTION 8(a) OF
THE SECURITIES ACT OF 1933, AS AMENDED, OR UNTIL THIS REGISTRATION STATEMENT
SHALL BECOME EFFECTIVE ON SUCH DATE AS THE COMMISSION, ACTING PURSUANT TO SAID
SECTION 8(a), MAY DETERMINE.
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EXPLANATORY NOTE
Pursuant to its Registration Statement on Form S-3 (Reg. No. 333-12367)
(the "Registration Statement"), EVI, Inc., a Delaware corporation (the
"Company"), registered 499,996 shares of its common stock, $1.00 par value (the
"Common Stock"), in connection with the offer for resale of such shares of
Common Stock by certain stockholders of the Company (the "Offering"). The
Registration Statement was declared effective by the Commission on October 8,
1996.
The Company has determined that 158,425 of the shares of Common Stock
(316,850 shares as adjusted for the Company's 2-for-1 stock split that occurred
on May 12, 1997) that were registered by Registration Statement in connection
with the Offering remain unsold and can be removed from registration.
Therefore, pursuant to the undertaking made by the Company required by
Item 512(a)(3) of Regulation S-K, the Company files this Post-Effective
Amendment No. 1 to the Registration Statement for the purpose of removing from
registration 158,425 shares (316,850 as adjusted) of the Company's Common Stock,
which were not, and are not expected to be, sold in the Offering.
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SIGNATURES
Pursuant to the requirements of the Securities Act, the Registrant 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 Houston, State of Texas, on October 13, 1997.
EVI, INC.
By: /s/ BERNARD J. DUROC-DANNER
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Bernard J. Duroc-Danner
President, Chief Executive Officer
and Director (Principal Executive Officer)
Pursuant to the requirements of the Securities Act of 1933, this
Registration Statement has been signed below by the following persons in the
capacities and on the dates indicated.
<TABLE>
<CAPTION>
Signatures Title Date
---------- ----- ----
<S> <C> <C>
/s/ BERNARD J. DUROC-DANNER President, Chief Executive Officer and October 13, 1997
----------------------------------- Director (Principal Executive Officer)
Bernard J. Duroc-Danner
/s/ JAMES G. KILEY Vice President and Chief Financial October 13, 1997
----------------------------------- Officer (Principal Financial Officer)
James G. Kiley
/s/ FRANCES R. POWELL Vice President, Accounting and October 13, 1997
----------------------------------- Controller (Principal Accounting Officer)
Frances R. Powell
* Director and Chairman of the Board October 13, 1997
-----------------------------------
David J. Butters
* Director October 13, 1997
-----------------------------------
Uriel E. Dutton
* Director October 13, 1997
-----------------------------------
Eliot M. Fried
* Director October 13, 1997
-----------------------------------
Sheldon S. Gordon
* Director October 13, 1997
-----------------------------------
Sheldon B. Lubar
* Director October 13, 1997
-----------------------------------
Robert B. Millard
* Director October 13, 1997
-----------------------------------
Robert A. Rayne
</TABLE>
*By: /s/ JAMES G. KILEY
-----------------------------------
James G. Kiley
Pursuant to Power of Attorney
