Form S-8
As filed with the Securities and Exchange Commission on November 21, 2008
Registration No. 333-138998
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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POST-EFFECTIVE
AMENDMENT NO. 1
to
FORM S-8
REGISTRATION STATEMENT
UNDER THE SECURITIES ACT OF 1933
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NovaStar Financial, Inc.
(Exact name of registrant as specified in its charter)
Maryland 74-2830661
(State or other jurisdiction (I.R.S. Employer
of incorporation or organization) Identification No.)
8140 Ward Parkway, Suite 300
Kansas City, Missouri 64114
(Address of Principal Executive Offices, including Zip Code)
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NovaStar Financial, Inc. 401(k) Plan
(Full title of the plan)
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W. Lance Anderson
Chairman of the Board and Chief Executive Officer
NovaStar Financial, Inc.
8140 Ward Parkway, Suite 300, Kansas City, MO 64114
(Name and address of agent for service)
(816) 237-7000
(Telephone number, including area code, of agent for service)
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PLEASE SEND COPIES OF COMMUNICATIONS TO:
Kirstin Pace Salzman, Esq.
Husch Blackwell Sanders LLP
4801 Main Street, Suite 1000
Kansas City, Missouri 64112
(816) 983-8000
DEREGISTRATION OF SECURITIES
On November 29, 2006, NovaStar Financial, Inc. (the "Company") filed a
registration statement on Form S-8, Registration Number 333-138998 (the
"Registration Statement"), with respect to 275,000 shares of the Company's
common stock, par value $0.01 per share (the "Common Stock"), relating to the
Company's 401(k) Plan (the "Plan"). The Company is deregistering the Common
Stock and Plan interests because the Company has permanently removed Common
Stock as an investment option in the Plan. Accordingly, the Company files this
Post-Effective Amendment No. 1 to the Registration Statement solely to
deregister all remaining unsold Plan interests and Common Stock.
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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 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 Kansas City, County of
Jackson, State of Missouri, on November 21, 2008.
NOVASTAR FINANCIAL, INC.
By: /s/ W. Lance Anderson
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W. Lance Anderson
Chairman of the Board and
Chief Executive Officer
Pursuant to the requirements of the Securities Act, this Registration
Statement has been signed by the following persons in the capacities and on the
dates indicated.
Signature Position Date
Chairman of the Board, Chief Executive Officer
* /s/ W. Lance Anderson (Principal Executive Officer) November 21, 2008
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W. Lance Anderson
Chief Financial Officer (Principal Financial
* /s/ Rodney E. Schwatken and Accounting Officer) November 21, 2008
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Rodney E. Schwatken
* /s/ Gregory T. Barmore Director November 21, 2008
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Gregory T. Barmore
* /s/ Edward W. Mehrer Director November 21, 2008
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Edward W. Mehrer
* /s/ Art N. Burtscher Director November 21, 2008
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Art N. Burtscher
* /s/ Donald M. Berman Director November 21, 2008
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Donald M. Berman
* /s/ W. Lance Anderson by W. Lance Anderson as power of attorney
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W. Lance Anderson
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Pursuant to the requirements of the Securities Act of 1933, the
administrator of the Plan has duly caused this Amendment No. 1 to the
Registration Statement on Form S-8 to be signed on its behalf by the
undersigned, thereunto duly authorized, in the City of Kansas City, Missouri, as
of the 21st day of November, 2008.
NOVASTAR FINANCIAL, INC. 401(K) PLAN
BY: NOVASTAR FINANCIAL, INC., PLAN
ADMINISTRATOR
By: /s/ W. Lance Anderson
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W. Lance Anderson
Chairman of the Board and
Chief Executive Officer
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