UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
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Date of Report (Date of earliest event reported)
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June 21, 2011
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JAMES RIVER COAL COMPANY
(Exact Name of Registrant as Specified in Charter)
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Virginia
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000-51129
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54-1602012
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(State or Other Jurisdiction
of Incorporation)
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(Commission
File Number)
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(IRS Employer
Identification No.)
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901 E. Byrd Street, Suite 1600, Richmond, Virginia
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23219
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(Address of Principal Executive Offices)
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(Zip Code)
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Registrant’s telephone number, including area code:
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(804) 780-3000
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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 (see General Instruction A.2. below):
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
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o
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
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o
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
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o
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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ITEM 5.07
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SUBMISSION OF MATTERS TO A VOTE OF SECURITY HOLDERS
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On Tuesday, June 21, 2011, James River Coal Company (the “Company”) held its Annual Meeting of Shareholders (the “Annual Meeting”) in Richmond, Virginia. There were 35,521,434 shares of common stock, $0.01 par value per share (the “Common Stock”) of the Company outstanding and entitled to vote as of May 13, 2011, the record date for the Annual Meeting. Each share of Common Stock entitled the holder thereof to one vote. There were present at the Annual Meeting, in person or by proxy, holders of 32,917,916 shares representing 92.67% of the Common Stock entitled to vote at the Annual Meeting.
The Board of Directors’ nominee for director of the Company was elected. The elected director’s term will expire in 2014. The director of the Company was elected with the following votes:
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Name
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For
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Withheld
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Non-Votes
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Alan F. Crown
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25,762,771
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859,446
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6,295,699
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The non-binding resolution to approve the compensation of the Company’s named executive officers was approved. The shareholders vote was approved on an advisory basis with the following votes:
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For
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Against
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Abstain
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Non-Votes
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26,288,218
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288,930
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45,069
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6,295,699
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A non-binding resolution to determine the frequency (every one, two or three years) of future advisory votes on executive compesnation was voted on by the shareholders. The shareholders voted, on an advisory basis, in favor of holding future advisory votes on executive compensation every year with the following votes:
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One
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Two
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Three
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Abstain
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Non-Votes
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22,554,181
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592,171
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3,437,943
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37,922
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6,295,699
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The ratification of the appointment of KPMG LLP as the Company’s independent registered public accounting firm for 2011 was ratified with the following votes:
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For
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Against
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Abstain
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Non-Votes
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32,577,951
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297,449
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42,516
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0
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SIGNATURES
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.
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JAMES RIVER COAL COMPANY
(Registrant)
By: /s/ Samuel M. Hopkins II
Samuel M. Hopkins II
Vice President and Chief Accounting Officer
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Date: June 23, 2011