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): May 24, 2004 ------------ NEXMED, INC. ------------ (Exact Name of Registrant as Specified in Charter) Nevada 0-22245 87-0449967 ------ ------- ---------- (State of incorporation) (Commission File Number) (IRS Employer Identification Number) 350 Corporate Boulevard, Robbinsville, New Jersey 08691 - ------------------------------------------------- ----- (Address of Principal Executive Offices) (Zip Code) Registrant's telephone number, including area code: (609) 208-9688 -------------- ITEM 5. OTHER EVENTS AND REQUIRED FD DISCLOSURE Following are the results of voting by stockholders present or represented by proxy at the Company's Annual Meeting of Stockholders, which was held on May 24, 2004: ITEM 1. ELECTION OF DIRECTORS. The stockholders elected Sami A. Hashim, M.D. and Martin R. Wade, III, to serve as Class I directors, until the year 2007, or until their successors are elected: Name of Director Votes For Votes Withheld - ------------------ --------- -------------- Sami A. Hashim 32,735,324 620,094 Martin R. Wade, III 32,737,974 617,444 ITEM 2. RATIFICATION OF SELECTION OF INDEPENDENT ACCOUNTANTS. The stockholders ratified the selection of PricewaterhouseCoopers LLP as the Company's independent auditors for fiscal year 2004. There were 33,312,001 votes for ratification; 23,825 votes against; 19,592 votes abstaining; and no broker non-votes. ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL INFORMATION AND EXHIBITS (c) Exhibits: 99.1 Amended and Restated NexMed, Inc. Recognition and Retention Stock Incentive Plan 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. By: /s/ Vivian H. Liu ----------------- Name: Vivian H. Liu Title: Vice President-Corporate Affairs, Chief Financial Officer and Secretary Date: May 28, 2004