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SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
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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): July 29, 2004
EMERGING VISION, INC.
(Exact name of registrant as specified in its charter)
New York 1-14128 11-3096941
(State or other jurisdiction (Commission File Number) (IRS Employer
of incorporation) Identification No.)
100 Quentin Roosevelt Boulevard
Garden City, New York 11530
(Address of principal executive offices) (Zip Code)
(516) 390-2100
(Registrant's telephone number, including area code)
Not Applicable
(Former name or former address, if changed since last report)
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Item 5. Other Events
On July 29, 2004, Emerging Vision, Inc. (the "Registrant") issued a press
release announcing that the independent inspectors of election, IVS Associates,
Inc., have certified the voting results of Registrant's 2004 Annual Meeting of
Shareholders (the "Annual Meeting"), held on July 14, 2004. Having received
36,013,976 (approximately 56.6%) of the 63,582,913 (approximately 90.3%) votes
cast for the contested election of directors, Registrant's nominees, Seymour G.
Siegel, Alan Cohen and Harvey Ross have been elected to serve as Class I
directors of Registrant, for a term of one year expiring in 2005, and Joel L.
Gold, Robert Cohen and Christopher G. Payan have been elected as Class II
directors of Registrant, for a term of two years expiring in 2006. A copy of
such press release is annexed hereto as Exhibit 99.1. The press release is
incorporated herein by this reference.
Exhibit No. Document
99.1 Press Release, dated July 29, 2004, issued by Emerging
Vision, Inc.
[Signature on following page]
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SIGNATURE
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.
EMERGING VISION, INC.
By: /s/ Christopher G. Payan
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Name: Christopher G. Payan
Title: Chief Executive Officer
Date: July 30, 2004
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Exhibit 99.1
FOR IMMEDIATE RELEASE
EMERGING VISION, INC. ANNOUNCES CERTIFIED RESULTS OF PROXY
CONTEST; COMPANY'S DIRECTOR NOMINEES ELECTED
GARDEN CITY, N.Y. - July 29, 2004 - Emerging Vision, Inc. ("EVI" and the
"Company") (OTCBB: ISEE.OB) today announced that the independent inspectors of
election, IVS Associates, Inc., have certified the voting results of EVI's 2004
Annual Meeting of Shareholders (the "Annual Meeting"), held on July 14, 2004.
EVI's nominees received 36,013,976 (approximately 56.6%) of the votes cast
for the contested election of directors. There were 63,582,913 (approximately
90.3%) votes cast at the Annual Meeting out of a possible 70,422,217 voting
shares. The nominees of Horizons Investors Corp. ("Horizons"), a company wholly
owned by Benito R. Fernandez, a former director of the Company, and owner of
23,726,531 (approximately 33.7%) shares of EVI, which had initiated the proxy
contest for the election of directors, received only 3,796,925 (approximately
6.0% of the total votes cast) additional votes, for a total of 27,523,456
(approximately 43.3%) of the votes cast.
Accordingly, EVI's director nominees Seymour Siegel, Alan Cohen and Harvey
Ross have been elected to serve as Class I directors of EVI, for a term of one
year expiring in 2005, and Joel Gold, Robert Cohen and Christopher G. Payan have
been elected as Class II directors of EVI, for a term of two years expiring in
2006.
Christopher Payan, EVI's Chief Executive Officer and a director on its
Board of Directors, stated that "We hope that the final certified election
results bring closure to this very contentious process. While it is unfortunate
that EVI had to endure this extremely time consuming, expensive and unnecessary
distraction, as a company we feel that it is important that every shareholder's
voice be heard, and we wish to express our sincere gratitude for the support and
encouragement that our shareholders-at-large have given to us. We look forward
to re-focusing on the Company's business, and continuing our goal of building
long-term shareholder value."
About Emerging Vision
Emerging Vision, Inc. operates one of the largest chains of retail optical
stores, which includes one of the largest franchised optical chains in the
United States, with approximately 168 franchised and Company-owned stores
located in 19 states, the District of Columbia, Ontario, Canada and the U.S.
Virgin Islands, principally operating under the names "Sterling Optical" and
"Site for Sore Eyes".
THIS STATEMENT MAY CONTAIN CERTAIN FORWARD-LOOKING STATEMENTS, WHICH MAY
INVOLVE KNOWN AND UNKNOWN RISKS, UNCERTAINTIES, AND OTHER FACTORS NOT UNDER THE
COMPANY'S CONTROL, WHICH MAY CAUSE ACTUAL RESULTS, PERFORMANCE AND ACHIEVEMENTS
OF THE COMPANY TO BE MATERIALLY DIFFERENT FROM THE RESULTS, PERFORMANCE, OR
EXPECTATIONS OF THE COMPANY. THESE FACTORS INCLUDE, BUT ARE NOT LIMITED TO,
THOSE DETAILED IN THE COMPANY'S PERIODIC FILINGS WITH THE SECURITIES AND
EXCHANGE COMMISSION.
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Contact:
Emerging Vision, Inc.
Christopher G. Payan
(516) 390-2134
chris.payan@sterlingoptical.com
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