d8k20100506.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): May 6, 2010
 

 
DELCATH SYSTEMS, INC.
 
 
(Exact Name of Registrant as Specified in Charter)
 

 
DELAWARE
 
001-16133
 
06-1245881
 
 
(State of Incorporation)
 
(Commission File Number)
 
(IRS Employer Identification No.)
 

 
810 SEVENTH AVE, SUITE 3505
NEW YORK, NEW YORK
 
 
10019
 
 
(Address of Principal Executive Offices)
 
(Zip Code)
 

 
600 FIFTH AVENUE, 23RD FLOOR
NEW YORK, NEW YORK
 
 
(Former name or former address, if changed since last report.)
 

Registrant’s telephone number, including area code: (212) 489-2100
 
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 communication 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))


 
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Item  5.07   Submission of Matters to a Vote of Security Holders
 
Delcath’s Annual Meeting of Stockholders was held on May 6, 2010.  Set forth below are the final voting results for each of the proposals submitted to a vote of the shareholders.
 
1.   The nominees for election as Class I Directors, each for a three year term, were elected based upon the following vote:

Nominees
 
Votes For
 
Withheld Authority
   Broker Non-Votes  
 
 
Harold S. Koplewicz, M.D.
 
 
12,546,381
 
 
1,517,138
 
 
13,422,568
 
 
 
Robert B. Ladd
 
12,822,274
 
1,241,245
  13,422,568  
 
                 

2.   The proposal to ratify the appointment of Ernst & Young LLP as Delcath’s independent registered public accounting firm for the fiscal year ending December 31, 2010 was approved based upon the following votes:

   
Votes For
 
Votes Against
   Abstentions  
 
   
26,577,384
 
845,802
   62,901  
 

There were no broker non-votes for this item.

 
3.   The proposal to approve an amendment to Delcath’s 2009 Stock and Incentive Plan (the “Plan”) to increase the total number of shares of Delcath’s common stock reserved for issuance under the Plan by 2,200,000 shares, from 2,000,000 to 4,200,000 shares of Delcath common stock, was approved based upon the following votes:
 

   
Votes For
 
Votes  Against
 
Abstentions
 
Broker Non-Votes
   
12,023,272
 
1,909,195
 
131,052
 
13,422,568




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.
 
Date: May 12, 2010

 
DELCATH SYSTEMS, INC.
 
By: /s/ David A. McDonald
 
 
Name: David A. McDonald
Title: Chief Financial Officer
 





 
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