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): September 23, 2009
BIOMET, INC.
(EXACT NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER)
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| Indiana | | 001-15601 | | 35-1418342 |
(State or other jurisdiction of incorporation) | | (Commission File Number) | | (IRS Employer Identification No.) |
56 East Bell Drive
Warsaw, Indiana 46582
(Address of Principal Executive Offices, Including Zip Code)
(574) 267-6639
(Registrant’s Telephone Number, Including Area Code)
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:
| ¨ | 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 5.02 | Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers. |
On September 23, 2009, Gregory Summe resigned from the Board of Directors and from the Audit Committee of the Board of Directors of Biomet, Inc. (the “Company”). Effective on September 24, 2009, the Board of Directors elected Andrew Y. Rhee as a director to serve out Mr. Summe’s term. Mr. Rhee was also appointed to the Audit Committee of the Board. Mr. Rhee is a Vice President at Goldman, Sachs & Co. (“Goldman”), one of the four investment firms that collectively and indirectly, through their affiliation with various private equity funds that control LVB Acquisition Holding, LLC, control our parent entity, LVB Acquisition, Inc. Pursuant to the Amended and Restated Limited Liability Company Operating Agreement of LVB Acquisition Holding, LLC, Goldman has the right to nominate two directors to our Board of Directors. Mr. Summe had been previously designated by Goldman to serve on our Board of Directors and on September 23, 2009, Goldman notified the Company that it was designating Mr. Rhee to fill the vacancy resulting from Mr. Summe’s resignation.
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.
Date: September 25, 2009
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| BIOMET, INC. |
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/s/ Bradley J. Tandy |
| By: | | Bradley J. Tandy |
| Its: | | Senior Vice President, General |
| | Counsel and Secretary |
