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): 05/22/2012
Savient Pharmaceuticals, Inc.
(Exact name of registrant as specified in its charter)
Commission File Number: 0-15313
DE | 13-3033811 | |
(State or other jurisdiction of | (IRS Employer | |
incorporation) | Identification No.) |
One Tower Center
East Brunswick, NJ 08816
(Address of principal executive offices, including zip code)
732-418-9300
(Registrant’s telephone number, including area code)
(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))
[ ] 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
The 2012 Annual Meeting of Stockholders of Savient Pharmaceuticals, Inc. ("Savient" or the "Company") was held on May 22, 2012 (the "Annual Meeting"). There were 72,320,778 shares of Savient's common stock eligible to vote and 59,778,743 shares present in person or by proxy at the Annual Meeting. At the Annual Meeting, shareholders voted on the following proposals
1. the election of directors to the Company's Board of Directors (the "Board");
2. the approval of the compensation of executives as disclosed in the proxy statement (a non-binding advisory resolution);
3. the approval of an amendment to the Savient Pharmaceuticals, Inc. 1998 Employee Stock Purchase Plan (the "ESPP"), increasing the number of shares available for issuance by 1,500,000 shares; and
4. the ratification of the appointment KPMG LLP as the Company's independent auditor.
The number of votes cast for or against and the number of abstentions and broker non-votes with respect to each proposal, as applicable, is set forth below. The Company's independent inspector of election reported the final vote of the shareholders as follows:
Election of Directors
Director Votes For Votes Withheld Broker Non-Votes
Ginger Constantine, MD 27,909,938 13,625,565 18,243,240
Stephen O. Jaeger 36,634,920 4,900,583 18,243,240
David Y. Norton 39,869,453 1,666,050 18,243,240
William F. Owen, Jr., MD 30,819,413 10,716,090 18,243,240
Lee S. Simon, MD 16,464,311 25,071,192 18,243,240
Virgil Thompson 30,503,455 11,032,048 18,243,240
Approval of Compensation of Named Executive Officers
Votes For Votes Against Abstain Broker Non-Votes
35,705,856 5,645,952 183,695 18,243,240
Approval of an amendment to the Savient Pharmaceuticals, Inc. 1998 Employee Stock Purchase Plan
Votes For Votes Against Abstain Broker Non-Votes
38,925,975 2,570,601 38,927 18,243,240
Ratification of KPMG LLP as the Company's Independent Registered Public Accounting Firm
Votes For Votes Against Abstain Broker Non-Votes
59,056,325 598,051 124,367 0
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.
| Savient Pharmaceuticals, Inc. | ||||||||
| Date: May 30, 2012 | By: | /s/ Philip K. Yachmetz | ||||||
| Philip K. Yachmetz | ||||||||
| SVP & General Counsel | ||||||||