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EX-99.1 - MARCH 14, 2011 POWERPOINT PRESENTATION TO BE USED FROM TIME TO TIME - BIOVEST INTERNATIONAL INC | dex991.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): January 18, 2011
BIOVEST INTERNATIONAL, INC.
(Exact Name of Registrant as Specified in Charter)
Delaware | 00-11480 | 41-1412084 | ||
(State or Other Jurisdiction of Incorporation) |
(Commission File Number) |
(I.R.S. Employer Identification No.) |
324 South Hyde Park Avenue, Suite 350
Tampa, FL 33606
(Address of Principal Executive Offices; Zip Code)
Registrants telephone number, including area code: (813) 864-2554
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)) |
BIOVEST INTERNATIONAL, INC.
FORM 8-K
Item 5.07. | Submission of Matters to a Vote of Security Holders. |
On January 18, 2011, Biovest International, Inc. (the Company) held its 2011 Annual Meeting of Shareholders (the Annual Meeting). At the Annual Meeting, the shareholders elected eight persons to serve as directors of the Company to hold office until the Companys 2012 Annual Meeting or until their successors are duly elected and qualified.
In addition to the election of directors (Proposal No. 1), the shareholders approved the adoption of the Companys 2010 Equity Incentive Plan (Proposal No. 2), and ratified the Companys appointment of Cherry, Bekaert & Holland, L.L.P. as the Companys independent registered public accounting firm for the fiscal year ending September 30, 2011 (Proposal No. 3).
Proposal No. 1 Election of Directors
For | % Voted For |
Withheld | % Voted Withheld |
Abstain | Broker Non-Votes |
|||||||||||||||||||
Francis E. ODonnell, Jr. |
96,380,739 | 99.56 | % | 421,425 | 0.51 | % | 417,425 | 11,879,759 | ||||||||||||||||
Ronald E. Osman |
96,305,739 | 99.49 | % | 496,415 | 0.64 | % | ||||||||||||||||||
John Sitilides |
96,384,739 | 99.57 | % | 412,425 | 0.43 | % | ||||||||||||||||||
Jeffrey A. Scott |
96,384,739 | 99.57 | % | 412,425 | 0.43 | % | ||||||||||||||||||
Christopher C. Chapman |
96,384,739 | 99.57 | % | 412,425 | 0.43 | % | ||||||||||||||||||
Peter J. Pappas, Sr. |
96,384,739 | 99.57 | % | 412,425 | 0.43 | % | ||||||||||||||||||
Raphael J. Mannino |
96,384,739 | 99.57 | % | 412,425 | 0.43 | % | ||||||||||||||||||
Edmund C. King |
96,384,739 | 99.57 | % | 412,425 | 0.43 | % |
Proposal No. 2 Approval of the adoption of the Companys 2010 Equity Incentive Plan
For | Against | Abstain | Broker Non-Votes |
|||||||||||||
Total Shares Voted |
95,619,366 | 1,157,748 | 25,050 | 11,879,759 |
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Proposal No. 3 Ratification of the Companys appointment of Cherry, Bekaert & Holland, L.L.P. as the Companys independent registered public accounting firm for the fiscal year ending September 30, 2011.
For | Against | Abstain | ||||||||||
Total Shares Voted |
107,999,491 | 643,071 | 39,361 |
Item 7.01. | Regulation FD Disclosure. |
The following information is being furnished under Item 7.01 of Form 8-K: PowerPoint presentation, dated March 14, 2011, to be presented at the ROTH Capital OC Growth Stock Conference and to be used from time to time in presentations to various third parties. A copy of this PowerPoint presentation is attached as Exhibit 99.1 to this Form 8-K.
The information in Item 7.01 of this Current Report on Form 8-K, including the attached PowerPoint presentation, shall not be deemed to be filed for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, 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, as amended, except as shall be expressly set forth by specific reference in such a filing.
This Current Report on Form 8-K sets forth statements that are not strictly historical in nature, which constitute forward-looking statements. Such statements may include, but are not limited to, statements about BiovaxID®, AutovaxID, and any other statements relating to products, product candidates, product development programs, the FDA or clinical study process including the commencement, process, or completion of clinical trials, the intent to treat analysis, accelerated approval and all aspects of the regulatory process. Such statements may also include, without limitation, statements with respect to the Companys plans, objectives, expectations and intentions, and other statements identified by words such as may, could, would, should, believes, expects, anticipates, estimates, intends, plans, or similar expressions. Such forward-looking statements involve known and unknown risks, uncertainties, and other factors that may cause the actual results of Biovest to be materially different from historical results or from any results expressed or implied by such forward-looking statements. These factors include, but are not limited to, risks and uncertainties related to the progress, timing, cost, and results of clinical trials and product development programs; difficulties or delays in obtaining regulatory approval for product candidates; competition from other pharmaceutical or biotechnology companies; and the additional risks discussed in filings with the Securities and Exchange Commission. All forward-looking statements in this Form 8-K are qualified in their entirety by this cautionary statement, and Biovest undertakes no obligation to revise or update this Current Report on Form 8-K to reflect events or circumstances after the date hereof. The product names used in this statement are for identification purposes only. All trademarks and registered trademarks are the property of their respective owners.
Item 9.01. | Financial Statements and Exhibits. |
See the Exhibit Index set forth below for a list of exhibits included with this Current Report on Form 8-K.
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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.
BIOVEST INTERNATIONAL, INC. | ||
By: | /s/ Samuel S. Duffey | |
Samuel S. Duffey | ||
President and General Counsel |
Date: March 15, 2011
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EXHIBIT INDEX
Exhibit |
Description | |
99.1 | PowerPoint, dated March 14, 2011, to be presented at the ROTH Capital OC Growth Stock Conference and to be used from time to time in presentations to various third parties. |
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