8-K/A 1 c61891_8ka.htm c61891_8ka.htm -- Converted by SEC Publisher, created by BCL Technologies Inc., for SEC Filing

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549

     

FORM 8-K/A
Amendment No. 1

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): June 8, 2010

Savient Pharmaceuticals, Inc.
(Exact Name of Registrant as Specified in Charter)

 

Delaware
0-15313 13-3033811
(State or Other Juris-
diction of Incorporation
(Commission
File Number)
(IRS Employer
Identification No.)

 

One Tower Center Blvd.
East Brunswick, NJ
08816
(Address of Principal Executive Offices) (Zip Code)

Registrant’s telephone number, including area code: 732-418-9300

 
(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 (see General Instruction A.2. below):

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))


EXPLANATORY NOTE

      Pursuant to Rule 103 under Regulation S-T, Savient Pharmaceuticals, Inc. (the “Company”) is filing this Amendment No. 1 to its Current Report on Form 8-K filed with the U.S. Securities and Exchange Commission on June 11, 2010 (the “Original Form 8-K”) to correct errors contained in the electronically filed Original Form 8-K that resulted solely from electronic transmission errors beyond the control of the Company. This Amendment No. 1 to the Original Form 8-K supersedes the Original Form 8-K in its entirety.

Item 5.07 Submission of Matters to a Vote of Security Holders

      The 2010 Annual Meeting of Stockholders of Savient Pharmaceuticals, Inc. (“Savient” or the “Company”) was held on June 8, 2010 (the “Annual Meeting”). There were 67,507,391 shares of Savient’s common stock eligible to vote and 58,728,105 shares present in person or by proxy at the Annual Meeting. Two items of business were acted upon by stockholders at the Annual Meeting.

1. Election of Directors

      Stockholders elected each of Herbert Conrad, Ginger Constantine, M.D., Alan L. Heller, Stephen O. Jaeger, Joseph Klein III, Lee S. Simon, M.D. and Virgil Thompson to serve as directors for a one-year term expiring at the Company’s 2011 Annual Meeting of Stockholders. The vote totals were as follows:

Director   Votes For   Votes Withheld   Non-Votes
Herbert Conrad   44,221,006   619,390   13,867,464
Ginger Constantine, M.D.   44,419,571   420,825   13,867,464
Alan L. Heller   44,407,411   432,985   13,867,464
Stephen O. Jaeger   44,358,166   482,230   13,867,464
Joseph Klein III   44,245,091   595,305   13,867,464
Lee S. Simon, M.D.   42,567,744   2,272,652   13,867,464
Virgil Thompson   44,222,054   618,342   13,867,464

2. Ratification of the appointment of McGladrey & Pullen, LLP (“McGladrey”) as the Company’s independent registered public accountants for the fiscal year ending December 31, 2010.

      Stockholders ratified the appointment of McGladrey to serve as the Company’s independent registered public accountants for the fiscal year ending December 31, 2010. The vote totals were as follows:

Votes For   Votes Against   Abstentions   Non-Votes
58,231,995   373,439   102,426   0


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.

    Savient Pharmaceuticals, Inc.
 
Date: June 14, 2010   By: /s/ Philip K. Yachmetz
    Philip K. Yachmetz
    SVP, General Counsel & Secretary