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

 

Date of Report (Date of earliest event reported): June 25, 2013

 

NEW YORK & COMPANY, INC.

(Exact name of registrant as specified in its charter)

 

DELAWARE
(State or other jurisdiction of
incorporation)

 

1-32315
(Commission File Number)

 

33-1031445
(IRS Employer Identification No.)

 

450 West 33rd Street
5
th Floor
New York, New York 10001

(Address of principal executive offices, including zip code)

 

(212) 884-2000

(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:

 

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.

 

In accordance with the New York & Company, Inc. (the “Company”) notice and proxy statement dated May 15, 2013, the Company held its Annual Meeting of Stockholders on June 25, 2013 (the “meeting”). Holders of 58,926,098 shares of the Company’s common stock were present in person or by proxy, representing approximately 93.4% of the Company’s 63,105,792 shares outstanding on the record date of April 30, 2013. The following matters were voted upon and approved by the Company’s stockholders at the meeting:

 

Proposal 1 — Election of directors:

 

Name of Nominee

 

Votes
For

 

Votes
Withheld

 

Broker
Non-Votes

 

Bodil M. Arlander

 

53,804,075

 

512,165

 

4,609,858

 

Jill Beraud

 

53,678,757

 

637,483

 

4,609,858

 

David H. Edwab

 

53,529,141

 

787,099

 

4,609,858

 

James O. Egan

 

53,819,807

 

496,433

 

4,609,858

 

John D. Howard

 

53,417,213

 

899,027

 

4,609,858

 

Grace Nichols

 

53,656,757

 

659,483

 

4,609,858

 

Michelle Pearlman

 

53,395,243

 

920,997

 

4,609,858

 

Richard L. Perkal

 

53,388,613

 

927,627

 

4,609,858

 

Arthur E. Reiner

 

53,654,627

 

661,613

 

4,609,858

 

Gregory J. Scott

 

53,786,281

 

529,959

 

4,609,858

 

Edmond S. Thomas

 

53,678,627

 

637,613

 

4,609,858

 

 

Proposal 2 — To ratify the appointment of Ernst & Young LLP as the Company’s independent registered public accounting firm for fiscal year 2013:

 

Votes For

 

Votes Against

 

Abstentions

 

Broker Non-Votes

 

58,904,481

 

11,455

 

10,162

 

 

 

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SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

 

 

 

NEW YORK & COMPANY, INC.

 

 

 

 

 

 

 

/s/ Sheamus Toal

Date: June 26, 2013

 

Name:

Sheamus Toal

 

 

Title:

Executive Vice President and Chief Financial Officer

 

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