As filed with the Securities and Exchange Commission on June 7, 2006.
Registration No. 333-102965
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
POST-EFFECTIVE AMENDMENT NO. 2
TO
FORM S-3
REGISTRATION
STATEMENT
UNDER
THE SECURITIES ACT OF 1933
CURATIVE HEALTH SERVICES, INC.
(Exact name of Registrant as specified in its charter)
Minnesota |
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51-0467366 |
(State or other jurisdiction of |
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(I.R.S. Employer |
incorporation or organization) |
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Identification No.) |
61 Spit Brook Road
Nashua, New Hampshire 03060
(603) 888-1500
(Address, including zip code, and telephone number, including area code, of Registrants principal executive office)
Paul F. McConnell
Curative Health Services, Inc.
61 Spit Brook Road
Nashua, New Hampshire 03060
(Name and address of agent for service)
(603) 888-1500
(Telephone number, including area code, of agent for
service)
With copies to:
Timothy S. Hearn, Esq.
Dorsey & Whitney LLP
50 South Sixth Street, Suite 1500
Minneapolis, Minnesota 55402
(612) 340-2600
From time to time after the Registration Statement becomes effective (approximate date of commencement of proposed sale to the public).
If the only securities being registered on this Form are being offered pursuant to dividend or interest reinvestment plans, please check the following box. o
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. o
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. o
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 registrations statement number of the earlier effective registration statement for the same offering. o
If this Form is a registration statement pursuant to General Instruction I.D. or a post-effective amendment thereto that shall become effective upon filing with the Commission pursuant to Rule 462(e) under the Securities Act, check the following box. o
If this Form is a post-effective amendment to a registration statement filed pursuant to General Instruction I.D. filed to register additional securities or additional classes of securities pursuant to Rule 413(b) under the Securities Act, check the following box. o
CALCULATION OF REGISTRATION FEE
Title of Securities |
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Amount |
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Proposed |
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Proposed |
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Amount of |
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See below (1) |
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N/A |
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N/A |
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N/A |
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N/A |
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(1) No additional securities are to be registered. Registration fees were paid upon filing of the original Registration Statement No. 333-102965. Therefore, no further registration fee is required.
CURATIVE HEALTH SERVICES, INC.
POST-EFFECTIVE AMENDMENT NO. 2
TO
REGISTRATION STATEMENT ON FORM S-3
EXPLANATORY NOTE
This Post-Effective Amendment No. 2 to Curative Health Services, Inc.s (the Company) Registration Statement on Form S-3 (File No. 333-102965) (the Registration Statement), which was filed with the Securities and Exchange Commission (the Commission), is being filed in accordance with an undertaking made by the Company in the Registration Statement to remove from registration, by means of a post-effective amendment, any of the securities which remain unsold at the termination of the offering. The Company hereby removes from registration all of the securities previously registered under the Registration Statement that remain unsold as of the date hereof.
Item 16. Exhibits
Exhibit |
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Description |
24.1 |
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Power of Attorney |
2
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-3 and has duly caused this Post-Effective Amendment No. 2 to Registration Statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the city of Nashua, State of New Hampshire, on this 7th day of June, 2006.
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CURATIVE HEALTH SERVICES, INC. |
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/s/ John C. Prior |
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John C. Prior |
3
Pursuant to the requirements of the Securities Act, this Post-Effective Amendment No. 2 to Registration Statement on Form S-3 has been signed by the following persons in the capacities indicated on June 7, 2006.
Signature |
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Title |
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* |
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Chief Executive Officer and Director |
Paul F. McConnell |
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(principal executive officer) |
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/s/ John C. Prior |
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Chief Financial Officer, Chief Operating Officer and |
John C. Prior |
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Director (principal financial and accounting officer) |
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* |
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Director |
Paul S. Auerbach, MD |
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* |
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Director |
Daniel E. Berce |
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* |
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Director |
Lawrence English |
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* |
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Chairman of the Board |
Timothy I. Maudlin |
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* |
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Director |
Gerard Moufflet |
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*By |
/s/ John C. Prior |
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John C. Prior, pro se and as |
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attorney-in-fact |
4
EXHIBIT INDEX
Exhibit |
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Description |
24.1 |
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Power of Attorney. |
5