0001067419-11-000024.txt : 20110531 0001067419-11-000024.hdr.sgml : 20110530 20110531130621 ACCESSION NUMBER: 0001067419-11-000024 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20110526 ITEM INFORMATION: Submission of Matters to a Vote of Security Holders FILED AS OF DATE: 20110531 DATE AS OF CHANGE: 20110531 FILER: COMPANY DATA: COMPANY CONFORMED NAME: MISSION WEST PROPERTIES INC CENTRAL INDEX KEY: 0001067419 STANDARD INDUSTRIAL CLASSIFICATION: REAL ESTATE INVESTMENT TRUSTS [6798] IRS NUMBER: 952635431 STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-34000 FILM NUMBER: 11880532 BUSINESS ADDRESS: STREET 1: 10050 BANDLEY DRIVE CITY: CUPERTINO STATE: CA ZIP: 95014 BUSINESS PHONE: 4087250700 MAIL ADDRESS: STREET 1: 10050 BANDLEY DR CITY: CUPERTINO STATE: CA ZIP: 95014 8-K 1 msw8k053111.htm 8-K msw8k053111.htm
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 26, 2011

MISSION WEST PROPERTIES, INC.
(Exact name of registrant as specified in its charter)

Maryland
  
1-8383
  
95-2635431
(State or Other Jurisdiction of Incorporation)
  
(Commission File Number)
  
(I.R.S. Employer Identification No.)



10050 Bandley Drive, Cupertino, CA 95014
(Address of principal executive offices, zip code)

 Registrant’s telephone number, including area code: (408) 725-0700

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:


      o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

      o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

      o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

      o 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.

Mission West Properties, Inc. (the “Company”) held its annual meeting of stockholders on May 26, 2011. The matters submitted to the stockholders for a vote included (a) the election of five directors, (b) the ratification of Burr Pilger Mayer, Inc. as the Company’s independent registered public accounting firm for the year ending December 31, 2011, (c) the non-binding, advisory vote on executive compensation and (d) the non-binding, advisory vote on the frequency of future advisory votes on executive compensation.

Each share of common stock was entitled to one vote with respect to matters submitted to a vote of the Company’s stockholders.

Proposal 1
The following table sets forth the results of voting on the election of directors:

Directors
  
VOTES FOR
  
VOTES WITHHELD
  
BROKER NON-VOTES
Carl E. Berg
  
12,306,502
  
2,064,238
  
8,000,030
William A. Hasler
  
13,738,147
  
632,593
  
8,000,030
Lawrence B. Helzel
  
14,130,220
  
240,520
  
8,000,030
Raymond V. Marino
  
12,579,864
  
1,790,876
  
8,000,030
Martin S. Roher
  
14,136,002
  
234,738
  
8,000,030
             

Proposal 2
The following table sets forth the results of voting on the ratification of Burr Pilger Mayer, Inc. as the Company’s independent registered public accounting firm for the year ending December 31, 2011:

VOTES FOR
  
VOTES AGAINST
  
ABSTENTIONS
  
BROKER NON-VOTES
20,935,955
  
107,505
  
23,835
  
1,303,475
             

Proposal 3
The following table sets forth the results of voting on the non-binding, advisory vote on executive compensation:

VOTES FOR
  
VOTES AGAINST
  
ABSTENTIONS
  
BROKER NON-VOTES
14,261,978
  
95,970
  
12,792
  
8,000,030
             

Proposal 4
The following table sets forth the results of voting on the non-binding, advisory vote on the frequency of future advisory votes on executive compensation:

THREE YEARS
  
TWO YEARS
  
ONE YEAR
  
ABSTENTIONS
  
BROKER NON-VOTES
8,278,214
  
335,829
  
5,713,845
  
42,852
  
8,000,030
                 

The Company’s Board of Directors has determined to hold a non-binding, advisory stockholder vote on the compensation of its executive officers every three years.


 
 
 
 



SIGNATURE

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.


 
MISSION WEST PROPERTIES, INC.


Date: May 31, 2011
By:
/s/ Wayne N. Pham
   
Wayne N. Pham
   
Vice President of Finance