Post-effective Amendment to an S-8 Filing (s-8 Pos)
October 11 2022 - 7:02AM
Edgar (US Regulatory)
As filed with the Securities and Exchange Commission
on October 11, 2022.
Registration No. 333-256215
Registration No. 333-235480
Registration No. 333-231924
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
POST-EFFECTIVE AMENDMENT NO. 1 TO:
FORM S-8 REGISTRATION STATEMENT NO. 333-256215
FORM S-8 REGISTRATION STATEMENT NO. 333-235480
FORM S-8 REGISTRATION STATEMENT NO. 333-231924
INFRASTRUCTURE
AND ENERGY ALTERNATIVES, INC.
(Exact name of registrant as specified in its charter)
Delaware |
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47-4787177 |
(State or other jurisdiction
of incorporation or organization) |
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(I.R.S. Employer Identification
No.) |
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6325 Digital Way, Suite
460 |
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46278 |
Indianapolis, Indiana |
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(Zip Code) |
(Address of principal executive
offices) |
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Infrastructure and Energy Alternatives, Inc.
2018 Equity Incentive Plan
Infrastructure and Energy Alternatives, Inc.
2021 Employee Stock Purchase Plan
(Full title of the plans)
Erin J. Roth
Executive Vice President, General Counsel and
Corporate Secretary
6325 Digital Way, Suite 460
Indianapolis, Indiana 46278
(765) 828-2580
(Name, address, including zip code, and telephone
number, including area code, of agent for service)
Copies to:
William I. Intner
J. Nicholas Hoover
Hogan Lovells US LLP
100 International Drive, Suite 2000
Baltimore, Maryland 21202
(410) 659-2700
Indicate by check mark whether the registrant is a large accelerated
filer, an accelerated filer, a non-accelerated filer, a smaller reporting company or an emerging growth company. See the definitions of
“large accelerated filer,” accelerated filer,” “smaller reporting company,” and “emerging growth company”
in Rule 12b-2 of the Exchange Act.
Large accelerated
filer |
¨ |
Accelerated
filer |
x |
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Non-accelerated
filer |
¨ |
Smaller reporting
company |
¨ |
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Emerging
growth company |
¨ |
If an emerging growth company, indicate by check mark if the registrant
has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant
to Section 7(a)(2)(B) of the Securities Act. ¨
EXPLANATORY STATEMENT — DEREGISTRATION
OF SECURITIES
These post-effective amendments (these “Post-Effective Amendments”)
are being filed to deregister all shares of common stock that remain registered but unsold or otherwise unissued under the following Registration
Statements on Form S-8 (each, a “Registration Statement,” and collectively, the “Registration Statements”) of
Infrastructure & Energy Alternatives, Inc., a Delaware corporation (the “Company”), filed with the Securities and Exchange
Commission (the “Commission”):
| · | Registration Statement No. 333-256215, filed with the Commission on May 17, 2021, registering 2,000,000
shares of common stock, par value $0.0001 per share (the “Common Stock”) under the Infrastructure and Energy Alternatives,
Inc. 2018 Equity Incentive Plan (the “2018 Plan”) and 700,000 shares of Common Stock under the Infrastructure
and Energy Alternatives, Inc. 2021 Employee Stock Purchase Plan. |
| · | Registration Statement No. 333-231924, filed with the Commission on June 3, 2019, registering 2,000,000
shares of Common Stock under the 2018 Plan. |
| · | Registration Statement No. 333-235480, filed with the Commission on June 7, 2018, registering 2,157,765
shares of Common Stock under the 2018 Plan. |
On October 7, 2022, the Company and MasTec, Inc., a Florida corporation
(“Parent”) completed the merger contemplated by the Agreement and Plan of Merger, dated as of July 24, 2022, as amended (the
“Merger Agreement”), by and among the Company, Parent, and Indigo Acquisition I Corp.,
a Delaware corporation and wholly owned subsidiary of Parent (“Merger Sub”).
Pursuant to the Merger Agreement, Merger Sub merged with and into the Company (the “Merger”),
with the Company continuing as the surviving corporation in the Merger and becoming a wholly owned subsidiary of Parent.
In connection with the consummation of the Merger, the Company has
terminated all offerings and sales pursuant the Registration Statements. In accordance with the undertakings made by the Company in the
Registration Statements to remove from registration, by means of a post-effective amendment, any of the securities that had been registered
for sale and issuance but remain unsold at the termination of the offering, the Company hereby removes from registration any and all securities
registered pursuant to the Registration Statements that remain unsold as of the date hereof, and the
Registration Statements are hereby amended to reflect the deregistration of such securities.
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the registrant
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 these
Post-Effective Amendments to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Indianapolis, State
of Indiana, on October 11, 2022.
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INFRASTRUCTURE AND ENERGY ALTERNATIVES,
INC. |
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By: |
/s/
Erin J. Roth |
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Erin J. Roth |
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Executive Vice President,
General Counsel and Corporate Secretary |
Note: No other person is required to sign these Post-Effective Amendments
in reliance on Rule 478 under the Securities Act of 1933, as amended.
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