Delaware | 0-7459 | 34-0514850 | ||
(State or other jurisdiction of incorporation) |
(Commission File Number) | (IRS Employer Identification No.) |
3550 West Market Street, Akron, Ohio |
44333 |
|
(Address of principal executive offices) | (Zip Code) |
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 5.03 | AMENDMENTS TO ARTICLES OF INCORPORATION OR BYLAWS; CHANGE IN FISCAL YEAR. |
| Article II, Section 2 This section has been modified to provide that each
year the Annual Meeting of Stockholders shall be held on the second Thursday of December,
if not a legal holiday, and if a legal holiday, then on the next secular day following, at
10:00 A.M. local time, or at such other date and time as shall be designated from time to
time by the Board of Directors and stated in the notice of the meeting, at which they shall
elect by a plurality vote by written ballot a Board of Directors, and transact such other
business as may properly be brought before the meeting. |
| Article II, Section 2 This section has been amended to provide that in order
for proper business to be timely brought before an Annual Meeting of Stockholders, a
stockholder must provide a written notice to the Corporate Secretary not less than 90 days
nor more than 120 days prior to the one year anniversary date of the immediately preceding
Annual Meeting of Stockholders. |
| Article III, Section 3 This section has been amended to provide that in order
for a stockholder to present the timely nomination of a director candidate for election at
an Annual Meeting of Stockholders, such stockholder must provide a written notice of such
nomination to the Corporate Secretary not less than 90 days nor more than 120 days prior to
the one year anniversary date of the immediately preceding Annual Meeting of Stockholders. |
Exhibit Number | Description | |||
3.2 | Amended and Restated By-laws of A. Schulman, Inc., as most
recently amended on October 15, 2009. |
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99.1 | Press Release, dated October 19, 2009, announcing earnings results. |
A. Schulman, Inc. |
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By: | /s/ David C. Minc | |||
David C. Minc | ||||
Vice President, General Counsel and Secretary |
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