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

Date of Report: May 6, 2014
(Date of Earliest Event Reported: May 2, 2014)


Akorn, Inc.
(Exact Name of Registrant as Specified in its Charter)

Louisiana

 

001-32360

 

72-0717400

(State or other
Jurisdiction of
Incorporation)

(Commission

File Number)

(I.R.S. Employer

Identification No.)

1925 W. Field Court, Suite 300
Lake Forest, Illinois 60045

(Address of principal executive offices)

(847) 279-6100
(Registrant’s telephone number, including area code)

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 2.02           Results of Operations and Financial Condition

On May 6, 2014, Akorn, Inc. (the “Company”) issued a press release announcing financial results for the quarter ended March 31, 2014.  A copy of the press release is furnished as Exhibit 99.1 to this report.

The information in this Item 2.02, including exhibit 99.1 attached hereto shall not be deemed to be “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 (the “Exchange Act”) or otherwise subject to the liabilities of that section, nor shall it be deemed to be incorporated by reference in any filing under the Securities Act of 1933 or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.

Item 5.07           Submission of Matters to a Vote of Security Holders

On May 2, 2014, the Company held its annual meeting of shareholders.  At that meeting, by proxy vote, the shareholders of the Company voted affirmatively to elect seven directors, to ratify the Audit Committee’s selection of KPMG LLP to serve as the Company’s independent registered public accounting firm for the fiscal year ending December 31, 2014, to approve the adoption of the Akorn, Inc. 2014 Stock Option Plan, and to approve by non-binding advisory vote the Company’s current executive compensation program.  A total of 96,653,483 shares were entitled to vote of which 92,835,523, or 96.04%, voted.

  1.

Election of Directors. The following seven individuals were elected to serve as directors of the Company for a one-year term beginning immediately and ending on the date of the Company’s 2015 annual meeting of shareholders:

           


Nominee

Votes
For

% Voted
For

 

Votes
Withheld

% Voted
Withheld

John N. Kapoor, Ph.D. (Chairman) 84,309,830 97.85 %   1,852,204 2.15 %
Kenneth S. Abramowitz 48,466,563 56.25 %   37,695,471 43.75 %
Adrienne L. Graves, Ph.D. 85,227,333 98.92 %   934,701 1.08 %
Ronald M. Johnson 37,821,749 43.90 %   48,340,285 56.10 %
Steven J. Meyer 48,478,188 56.26 %   37,683,846 43.74 %
Brian Tambi 84,511,417 98.08 %   1,650,617 1.92 %
Alan Weinstein 81,280,113 94.33 %   4,881,921 5.67 %

  2. Ratification of KPMG LLP to serve as our independent registered public accounting firm for the fiscal year ending December 31, 2014. Ratification required affirmative vote of a majority of the votes cast. Voting results were as follows:

     
 
Shares Voted

Percent of
Votes Cast

For 92,205,134 99.32 %
Against 377,516 0.41 %
Abstain 252,873 0.27 %
Broker Non-Votes 0 n/a  

  3. Approval of the Akorn, Inc. 2014 Stock Option Plan. Approval requires affirmative vote of a majority of votes cast. Voting results were as follows:

     
 
Shares Voted

Percent of
Votes Cast

For 74,479,614 86.44 %
Against 11,403,299 13.24 %
Abstain 279,121 0.32 %
Broker Non-Votes 6,673,489 n/a  

  4. Non-binding advisory vote to approve the Company’s current executive compensation program. The advice of shareholders is based on the majority of votes cast, with abstentions and non-votes having no impact on the results. Voting results were as follows:

     
 
Shares Voted

Percent of
Votes Cast

For 85,598,356 99.34 %
Against 204,544 0.24 %
Abstain 359,134 0.42 %
Broker Non-Votes 6,673,489 n/a  

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits.  See attached exhibit index.

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this Current Report on Form 8-K to be signed on its behalf by the undersigned hereunto duly authorized.

Akorn, Inc.

 
 

 

 

By:

/s/ Timothy A. Dick

Timothy A. Dick

Chief Financial Officer

 

Date:

May 6, 2014

Exhibit Index

Exhibit No.   Description of Exhibit
 
99.1 Press release issued by Akorn, Inc. on May 6, 2014 announcing financial results for the quarter ended March 31, 2014.