UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 OR 15(d) of
The Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): December 22, 2010
American Wagering, Inc.
(Exact name of registrant as specified in its charter)
Nevada | | 000-20685 | | 88-0344658 |
(State or other jurisdiction | | (Commission | | (IRS Employer |
of incorporation) | | File Number) | | Identification No.) |
675 Grier Drive, Las Vegas, Nevada | | 89119 |
(Address of principal executive offices) | | (Zip Code) |
Registrant’s telephone number, including area code: (702) 735-0101
Not applicable
(Former name or former address, if changed since last report.)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 5.07 Submission of Matters to a Vote of Security Holders.
The 2010 annual meeting of the stockholders of American Wagering, Inc. (the “Company”) was held on December 22, 2010. Items of business set forth in the Company’s proxy statement dated November 23, 2010 that were voted on and approved are as follows:
(1) Election of Directors:
| | Votes | |
Nominee | | For | | Withheld | | Broker Non-Vote | |
| | | | | | | |
Robert R. Barengo | | 5,553,116 | | 24,780 | | 2,474,234 | |
Victor J. Salerno | | 5,414,816 | | 163,080 | | 2,474,234 | |
W. Larry Swecker | | 5,554,316 | | 23,580 | | 2,474,234 | |
Judith Zimbelmann | | 5,405,011 | | 172,885 | | 2,474,234 | |
(2) Approval and adoption of the Company’s 2010 Stock Incentive Plan (the “Plan”):
For | | Against | | Abstain | | Broker Non-Vote | |
5,147,181 | | 425,164 | | 5,551 | | 2,474,234 | |
(3) Approval of the issuance of 1,047,490 stock options under the Plan to Robert Kocienski:
For | | Against | | Abstain | | Broker Non-Vote | |
5,126,856 | | 435,029 | | 16,011 | | 2,474,234 | |
(4) Approve of the issuance of 1,047,490 stock options under the Plan to John English:
For | | Against | | Abstain | | Broker Non-Vote | |
5,127,856 | | 434,029 | | 16,011 | | 2,474,234 | |
(5) Ratification of Piercy Bowler Taylor & Kern as the Company’s Independent Registered Public Accounting Firm for the fiscal year ending January 31, 2011:
For | | Against | | Abstain | | Broker Non-Vote | |
7,533,511 | | 206,790 | | 311,829 | | — | |
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| AMERICAN WAGERING, INC. |
| (Registrant) |
| |
Date: December 29, 2010 | |
| By: | /s/ Victor Salerno |
| | Victor Salerno |
| Its: | Chief Executive Officer and President |
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