AS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION ON OCTOBER 4, 1999
Registration No. 333-02958
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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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POST-EFFECTIVE AMENDMENT NO. 1
TO FORM S-3
REGISTRATION STATEMENT
UNDER
THE SECURITIES ACT OF 1933
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AVADO BRANDS, INC.
(Exact name of registrant as specified in its charter)
GEORGIA 59-2778983
(State or other jurisdiction of (I.R.S. Employer
incorporation or organization) Identification No.)
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HANCOCK AT WASHINGTON, MADISON, GEORGIA 30650
(706) 342-4552
(Address, including zip code, and telephone number, including
area code, of registrant's principal executive offices)
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ERICH J. BOOTH
TREASURER AND CHIEF FINANCIAL OFFICER
AVADO BRANDS, INC.
HANCOCK AT WASHINGTON, MADISON, GEORGIA 30650
(706) 342-4552
(Name, address, including zip code, and telephone number,
including area code, of agent for service)
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Copies to:
DENNIS J. STOCKWELL, ESQUIRE
KILPATRICK STOCKTON LLP
1100 PEACHTREE STREET, SUITE 2800, ATLANTA, GEORGIA 30309-4530
(404) 815-6500
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APPROXIMATE DATE OF COMMENCEMENT OF PROPOSED SALE TO THE PUBLIC: From
time to time after the effective date of this Registration Statement.
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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, other than securities offered only in connection with
dividend or interest reinvestment plans, 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. [_]
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<PAGE>
Pursuant to this Registration Statement, as amended, Avado Brands, Inc.
(the "Registrant") registered $200,000,000 in principal amount of the
Registrant's 9 3/4% Senior Notes due 2006 (the "Notes") with the Securities and
Exchange Commission under the Securities Act of 1933, as amended.
The Registration Statement was declared effective on May 6, 1996.
Registrant suspended use of the Registration Statement on July 23, 1999. The
Registrant is filing this Post-Effective Amendment to the Registration Statement
in order to withdraw from registration certain Securities covered by the
Registration Statement which remained unsold pursuant to this Registration
Statement on July 23, 1999.
Of the $200,000,000 in Securities registered, $125,000,000 were sold
pursuant to this Registration Statement. $75,000,000 of the Securities
registered under the Registration Statement have not been sold under this
Registration Statement. Accordingly, the Registrant hereby amends the
Registration Statement to withdraw from registration such $75,000,000 of the
Securities.
<PAGE>
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, as amended,
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 Madison, State of Georgia, on October 1,1999.
AVADO BRANDS, INC.
By: /s/ Louis Profumo
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Name: Louis J. Profumo
Title: Senior V.P. of Finance &
Chief Accounting Officer
Pursuant to the requirements of the Securities Act of 1933, this Post
Effective Amendment No. 1 to the Registration Statement has been signed below by
the following persons in the capacities indicated on October 1, 1999.
/s/ Tom Dupree Chairman of the Board and Chief Executive Officer
- --------------------------- (Principal Executive Officer)
Tom E. DuPree, Jr.
/s/ Erich J. Booth Chief Financial Officer, Corporate Treasurer and
- --------------------------- Director (Principal Financial and Accounting
Erich J. Booth Officer)
/s/ John L. Moorhead Director
- ---------------------------
John L. Moorhead
- --------------------------- Director
Ruth G. Shaw
- --------------------------- Director
Thomas R. Williams, Sr.
