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 1, 2012

 

EARTHLINK, INC.

(Exact Name of Registrant as Specified in Its Charter)

 

Delaware

(State of Incorporation)

 

001-15605

(Commission File Number)

 

58-2511877

(I.R.S. Employer Identification No.)

 

1375 Peachtree St., Atlanta, Georgia

 

30309

(Address of principal executive offices)

 

(Zip Code)

 

(404) 815-0770

(Registrant’s telephone number, including area code)

 


 

 

(Former name, former address and former fiscal year, if changed since last report date)

 


 

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

 

The following summarizes the voting results for the three proposals submitted for a vote of the stockholders at the EarthLink, Inc. (the “Company”) annual meeting of stockholders held on May 1, 2012 (the “2012 Annual Meeting”):

 

Proposal 1.  To elect Susan D. Bowick, Marce Fuller, Rolla P. Huff, David A. Koretz, Garry K. McGuire, Thomas E. Wheeler and M. Wayne Wisehart to the Company’s Board of Directors to serve until the 2013 annual meeting of stockholders or until his or her successor is duly elected and qualified.  This proposal was approved by the Company’s stockholders at the 2012 Annual Meeting.

 

Name

 

Votes For

 

Votes
Against

 

Votes
Abstained

 

Broker non-
votes

 

Susan D. Bowick

 

73,808,084

 

2,358,887

 

53,793

 

15,998,831

 

Marce Fuller

 

73,663,807

 

2,505,384

 

51,573

 

15,998,831

 

Rolla P. Huff

 

73,654,052

 

2,524,524

 

42,188

 

15,998,831

 

David A. Koretz

 

73,871,736

 

2,307,029

 

41,999

 

15,998,831

 

Garry K. McGuire

 

75,640,249

 

528,967

 

51,548

 

15,998,831

 

Thomas E. Wheeler

 

73,808,636

 

2,360,187

 

51,941

 

15,998,831

 

M. Wayne Wisehart

 

73,794,161

 

2,374,174

 

52,429

 

15,998,831

 

 

Proposal 2.  To approve a non-binding advisory resolution approving the compensation of the Company’s named executive officers.  This proposal was approved by the Company’s stockholders at the 2012 Annual Meeting.

 

Votes For — 70,416,620
Votes Against — 1,134,705
Votes Abstained — 4,669,439
Broker non-votes — 15,998,831

 

Proposal 3.  To ratify the appointment by the Audit Committee of the Board of Directors of Ernst & Young LLP as the Company’s independent registered public accounting firm for the year ending December 31, 2012.  This proposal was approved by the Company’s stockholders at the 2012 Annual Meeting.

 

Votes For — 91,623,184
Votes Against — 533,220
Votes Abstained — 63,191

 

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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.

 

 

EARTHLINK, INC.

 

(Registrant)

 

 

 

 

 

By:

/s/ Bradley A. Ferguson

 

Name:

Bradley A. Ferguson

 

Title:

Executive Vice President,

 

 

Chief Financial Officer

 

 

 

 

 

 

Date: May 3, 2012

 

 

 

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