DEREGISTRATION OF SECURITIES
On June 30, 2022, Legacy EJY, Inc. (formerly known as Enjoy Technology, Inc.) (the “Company”) and certain of its wholly owned subsidiaries
(together with the Company, the “Debtors”) filed voluntary petitions (and the cases commenced thereby, the “Chapter 11 Cases”) under Chapter 11 of Title 11 of the United States Code (the “Bankruptcy Code”) in the United
States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”) on June 30, 2022 (the “Petition Date”). The Chapter 11 Cases are being jointly administered under the caption “In re Legacy EJY Inc., et al.,
Case No. 22-10580 (JKS).”
On August 31, 2022, the Debtors completed a sale of substantially all of
their assets conducted under Section 363 of the Bankruptcy Code pursuant to that certain Asset Purchase Agreement, dated as of July 25, 2022, as amended, with Asurion, LLC.
On December 14, 2022, the Bankruptcy Court entered an order confirming the Debtors’ Chapter 11 Plan of Liquidation (the “Plan”), pursuant to
which all shares of common stock and other equity interests in the Company are cancelled and extinguished as of the date hereof.
The Company has
terminated all offerings of its common stock, par value $0.0001 per share (the “Common Stock”) pursuant to the below-listed registration statements on Form S-8 (each, a “Registration
Statement”, and collectively, the “Registration Statements”). Effective upon the filing of these post-effective amendments (each a “Post-Effective Amendment”, and collectively, the “Post-Effective Amendments”), the
Company removes from registration all such Common Stock of the Company that are registered but unsold under the Registration Statements, if any, amends the Registration Statements, as appropriate, to reflect the deregistration of such Common Stock,
and terminates their effectiveness:
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Registration Statement No. 333-265014, registering 713,157 shares of
Common Stock issuable upon the settlement of restricted stock unit awards issued pursuant to the 2021 Equity Incentive Plan. |
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Registration Statement No. 333-263854, registering 7,492,009 shares
of Common Stock issuable pursuant to the 2021 Equity Incentive Plan and 1,498,401 shares of Common Stock issuable pursuant to the 2021 Employee Stock Purchase Plan. |
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Registration Statement No. 333-261808, registering 11,282,583 shares
of Common Stock issuable pursuant to the 2021 Equity Incentive Plan, 2,383,437 shares of Common Stock issuable pursuant to the 2021 Employee Stock Purchase Plan, and 9,460,522 shares of Common Stock issuable pursuant to the 2014 Equity Incentive
Plan. |
These filings are made in accordance with an undertaking made by the Registrant in Part II of each Registration Statement to
remove from registration by means of a post-effective amendment any securities that had been registered for issuance but remain unsold at the termination of the offering.