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: July 6, 2016
(Date of Earliest Event Reported: July 1, 2016)
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 5.07 Submission of Matters to a Vote of Security Holders.
Akorn, Inc. (the “Company”) held its 2016 Annual Meeting of Shareholders on July 1, 2016. The voting results on the proposals considered at the Annual Meeting are provided below.
Proposal 1: Each of the nominees described in the Company’s 2016 proxy statement was elected to serve as a director until the conclusion of the Company’s 2017 annual meeting of shareholders or until his or her successor is duly elected and qualified, with the voting results as follows:
| For | Withheld | Broker Non-Votes | ||||
| John N. Kapoor, Ph.D. | 102,315,475 | 776,755 | 8,584,246 | |||
| Kenneth S. Abramowitz | 68,576,457 | 34,515,773 | 8,584,246 | |||
| Adrienne L. Graves, Ph.D. | 100,050,197 | 3,042,033 | 8,584,246 | |||
| Ronald M. Johnson | 66,621,146 | 36,471,084 | 8,584,246 | |||
| Steven J. Meyer | 66,379,618 | 36,712,612 | 8,584,246 | |||
| Terry Allison Rappuhn | 102,662,401 | 429,829 | 8,584,246 | |||
| Brian Tambi | 102,469,082 | 623,148 | 8,584,246 | |||
| Alan Weinstein | 90,666,071 | 12,426,159 | 8,584,246 |
Proposal 2: The Company’s appointment of BDO USA LLP as its independent registered public accounting firm for the fiscal year ending December 31, 2016 was ratified, with the voting results as follows:
| For | Against | Abstentions | Broker Non-Votes | ||||
| 106,972,254 | 1,280,367 | 2,846,331 | 0 |
Proposal 3: The Company’s executive compensation program described in its 2016 proxy statement was approved on a non-binding
advisory basis, with the voting results as follows:
| For | Against | Abstentions | Broker Non-Votes | |||
| 99,743,230 | 2,535,684 | 176,333 | 8,643,705 |
Item 8.01 Other Events.
The Company has received notification from The Nasdaq Stock Market LLC (“Nasdaq”) notifying the Company that it has regained compliance with Nasdaq Listing Rule 5250(c)(1) regarding filing periodic financial reports, the annual shareholder meeting and proxy solicitation rules, and other applicable requirements as required by the Panel’s decision dated January 12, 2016. Pursuant to their notification, the Panel determined to continue listing the Company’s securities on The Nasdaq Stock Market and closed the matter.
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/ Duane Portwood | |||
| Duane Portwood | ||||
| Chief Financial Officer | ||||
| Date: | July 6, 2016 | |||