-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, ShecIaalF8XXsPLoqv4XP2T74WBAks+xhat/VmOIM6CEWo6t1hKMTtFpMIxM6vb2 Xp5ex5XHveC2ASFdCCWd8w== 0001193125-10-122299.txt : 20100517 0001193125-10-122299.hdr.sgml : 20100517 20100517170434 ACCESSION NUMBER: 0001193125-10-122299 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20100514 ITEM INFORMATION: Submission of Matters to a Vote of Security Holders FILED AS OF DATE: 20100517 DATE AS OF CHANGE: 20100517 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Tim Hortons Inc. CENTRAL INDEX KEY: 0001345111 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING PLACES [5812] IRS NUMBER: 510370507 STATE OF INCORPORATION: A6 FISCAL YEAR END: 0103 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-32843 FILM NUMBER: 10839726 BUSINESS ADDRESS: STREET 1: 874 SINCLAIR ROAD CITY: OAKVILLE STATE: A6 ZIP: L6K 2Y1 BUSINESS PHONE: (905) 845-6511 MAIL ADDRESS: STREET 1: 874 SINCLAIR ROAD CITY: OAKVILLE STATE: A6 ZIP: L6K 2Y1 8-K 1 d8k.htm CURRENT REPORT Current Report

 

 

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 14, 2010

 

 

TIM HORTONS INC.

(Exact name of registrant as specified in its charter)

 

 

 

Canada   001-32843   98-0641955

(State or other jurisdiction

of incorporation)

 

(Commission

File Number)

 

(IRS Employer

Identification No.)

 

874 Sinclair Road, Oakville, ON, Canada     L6K 2Y1
(Address of principal executive offices)     (Zip Code)

(905) 845-6511

(Registrant’s telephone number, including area code)

Not Applicable

(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))

 

 

 


Item 5.07 Submission of Matters Vote of Security Holders.

Tim Hortons Inc. (the “Corporation”) held its annual meeting of shareholders on May 14, 2010. Proxies for the annual meeting were solicited pursuant to our management proxy circular under the Canada Business Corporations Act and applicable Canadian securities laws, with such proxy circular having been filed with the Canadian Securities Administrators, and furnished to the U.S. Securities and Exchange Commission, on March 31, 2010. The following matters were submitted to a vote of the Corporation’s shareholders at the annual meeting, and the final voting results on each such matter, including total voting results as a percentage of votes cast, were as follows:

 

(a) Election of Directors. Eleven persons nominated by the Board of Directors for election as directors of the Corporation were elected, each to hold office for a one year term expiring at the 2011 annual meeting of shareholders or until their respective successors are elected or appointed, subject to earlier death, resignation, retirement, disqualification or removal. Each nominee was an incumbent director, and no other person was nominated. The votes cast for or withheld, as well as the number of broker non-votes, with respect to each nominee were as follows:

 

Director Nominee

   Votes For    %     Votes Withheld    %     Broker Non-Votes

M. Shan Atkins

   131,055,364    99.69   403,269    0.31   4,930,229

Michael J. Endres

   130,929,284    99.60   529,366    0.40   4,930,229

Moya M. Greene

   130,864,537    99.55   594,366    0.45   4,930,229

Paul D. House

   130,696,703    99.42   762,130    0.58   4,930,229

Frank Iacobucci

   131,051,292    99.69   407,612    0.31   4,930,228

John A. Lederer

   130,991,751    99.64   467,152    0.36   4,930,229

David H. Lees

   130,973,601    99.63   485,432    0.37   4,930,229

Ronald W. Osborne

   130,955,580    99.62   503,086    0.38   4,930,229

Wayne C. Sales

   131,075,594    99.71   383,309    0.29   4,930,229

Donald B. Schroeder

   130,808,206    99.50   651,834    0.50   4,930,229

Catherine L. Williams

   130,923,768    99.59   535,335    0.41   4,930,229

The Corporation’s transfer agent does not tabulate abstentions, in accordance with applicable Canadian requirements. As disclosed in the proxy circular, abstentions and broker non-votes had no impact on the voting results.

 

(b) Reappointment of Independent Auditor. The shareholders of the Corporation reappointed PricewaterhouseCoopers LLP (“PwC”) as the independent auditor (and, for purposes of U.S. securities laws, the independent registered public accounting firm) for the fiscal year ending January 2, 2011. The votes cast for or withheld, as well as the number of broker non-votes, with respect to the reappointment of PwC were as follows:

 

Votes For

   %     Votes Withheld    %     Broker Non-Votes
134,209,507    98.40   2,182,164    1.60   91

The Corporation’s transfer agent does not tabulate abstentions, in accordance with applicable Canadian requirements. As disclosed in the proxy circular, abstentions and broker non-votes had no impact on the voting results.

The reappointment of PwC, having received the affirmative vote of a majority of the votes cast at the annual meeting, was approved.


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.

 

    TIM HORTONS INC.
Date: May 17, 2010     By:  

/s/ JILL E. AEBKER

     

Jill E. Aebker

Deputy General Counsel and Secretary

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