UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 |
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FORM 8-K |
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CURRENT REPORT |
Pursuant to Section 13 OR 15(d) of the Securities Exchange Act of 1934 |
Date of Report (Date of earliest event reported) April 18, 2008 |
NexMed, Inc. |
| (Exact name of registrant as specified in its charter) |
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| Nevada | 0-22245 | 87-0449967 |
(State or other jurisdiction of incorporation) | (Commission File Number) | (I.R.S. Employer Identification No.) |
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| 89 Twin Rivers Drive, East Windsor, New Jersey | 08520 |
| (Address of principal executive offices) | (Zip Code) |
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| Registrant’s telephone number, including area code (609) 371-8123 |
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| (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: |
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¨ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
¨ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
¨ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
¨ | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13a-4(c)) |
| ITEM 5.03. | AMENDMENTS TO ARTICLES OF INCORPORATION OR BYLAWS; CHANGE IN FISCAL YEAR. |
Effective as of April 18, 2008, the Board of Directors (the “Board”) of NexMed, Inc. (the “Company”) amended the Company’s By-Laws primarily to more clearly reflect in the By-Laws procedures that were previously adopted by the Board and are included in the charter of the Corporate Governance/Nominating Committee, which was adopted by the Board on January 8, 2004 and has been posted on the Company’s website since April 14, 2004, regarding the election of the Board and certain stockholder proposals for consideration at the Company’s annual meeting of stockholders.
The Company’s Amended and Restated By-Laws are attached as Exhibit 3.1 to this Report and are incorporated herein by reference.
| ITEM 9.01. | FINANCIAL STATEMENTS AND EXHIBITS |
| 3.1 | Amended and Restated By-Laws of NexMed, Inc., effective as of April 18, 2008. |
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.
| | NEXMED, INC. |
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| | By: | /s/ Mark Westgate |
| | Name: | Mark Westgate |
| | Title: | Vice President and |
| | | Chief Financial Officer |
Date: April 24, 2008
