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): June 11, 2010
DivX, Inc.
(Exact name of registrant as specified in its charter)
Delaware | 001-33029 | 33-0921758 | ||
(State or other jurisdiction of incorporation) | (Commission File Number) | (I.R.S. Employer Identification No.) |
4780 Eastgate Mall San Diego, California | 92121 | |
(Address of principal executive offices) | (Zip Code) |
Registrant’s telephone number, including area code: (858) 882-0600
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):
¨ | 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 240.13e-4(c)) |
Item 5.07 | Submission of Matters to a Vote of Security Holders. |
DivX, Inc. (the “Company”) held its Annual Meeting of Stockholders on June 11, 2010 (the “Annual Meeting”). At the Annual Meeting, the Company’s stockholders:
1. | Elected as Class I directors Christopher McGurk and James C. Brailean, Ph.D. to hold office until the 2013 Annual Meeting of Stockholders or until their successors are duly elected and qualified; |
2. | Ratified the selection of Ernst & Young LLP to serve as the Company’s independent registered public accounting firm for the fiscal year ending December 31, 2010; and |
3. | Re-approved the Internal Revenue Code Section 162(m) performance criteria and award limits of the DivX, Inc. 2006 Equity Incentive Plan to permit the Company to continue to grant awards to its key officers that qualify as performance-based compensation under Section 162(m) of the Internal Revenue Code. |
At the Annual Meeting, the stockholders voted as follows:
Matter | Votes For | Votes Against/ Withheld | Abstentions | Broker Non-Votes | ||||
1.a. Election of Christopher McGurk | 17,329,664 | 2,193,324 | Not applicable | 7,035,703 | ||||
1.b. Election of James C. Brailean | 17,763,878 | 1,759,110 | Not applicable | 7,035,703 | ||||
2. Ratification of selection of Ernst & Young LLP as the Company’s independent registered public accounting firm | 22,839,922 | 3,699,911 | 18,858 | — | ||||
3. Re-approval of the Internal Revenue Code Section 162(m) performance criteria and award limits of the DivX, Inc. 2006 Equity Incentive Plan | 16,175,622 | 2,244,041 | 1,103,325 | 7,035,703 |
SIGNATURE
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.
DIVX, INC. | ||||||
Dated: June 16, 2010 | By: | /S/ DAN L. HALVORSON | ||||
Name: | Dan L. Halvorson | |||||
Title: | Chief Financial Officer and Executive Vice President Operations |