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ABII » Topics » Item 4. SUBMISSION OF MATTERS TO A VOTE OF SECURITY HOLDERS

This excerpt taken from the ABII 10-K filed Mar 12, 2010.

Item 4. SUBMISSION OF MATTERS TO A VOTE OF SECURITY HOLDERS

Our 2009 annual meeting of stockholders was held on December 10, 2009.

 

(a) Our stockholders voted as follows with respect to elect six directors to serve until our next annual meeting of stockholders or until their successors are duly elected and qualified:

 

DIRECTORS

    FOR    Authority
Withheld

Patrick Soon-Shiong, M.D.

    35,502,994    3,872,305

Leon O. Moulder, Jr. (1) .

    39,162,384    212,915

Kirk K. Calhoun

    35,887,674    3,487,625

Stephen D. Nimer, M.D.

    35,522,029    3,853,270

Leonard Shapiro

    35,887,524    3,487,775

David S. Chen, Ph.D.

    35,522,833    3,852,466

 

(1) Leon Moulder resigned on January 27, 2010.

 

(b) Our stockholders voted as follows with respect to a proposal to ratify the appointment of Ernst & Young LLP as our independent registered public accounting firm for the fiscal year ended December 31, 2009.

 

FOR

   

AGAINST

   

ABSTENTIONS

   

BROKER NON-VOTES

39,369,502

    5,070    727    -0-

 

35

Table of Contents

PART II

These excerpts taken from the ABII 10-K filed Mar 6, 2009.

Item 4. SUBMISSION OF MATTERS TO A VOTE OF SECURITY HOLDERS

Our 2008 annual meeting of stockholders was held on November 5, 2008.

 

(a) Our stockholders voted as follows with respect to elect five directors to serve until our next annual meeting of stockholders or until their successors are duly elected and qualified:

 

DIRECTORS

   

FOR

    Authority
Withheld

Patrick Soon-Shiong, M.D.

    36,013,428    3,157,271

Kirk K. Calhoun

    39,141,929    28,770

Stephen D. Nimer, M.D.

    39,142,216    28,483

Leonard Shapiro

    39,141,970    28,729

David S. Chen, Ph.D.

    39,142,216    28,483

 

(b) Our stockholders voted as follows with respect to a proposal to ratify the appointment of Ernst & Young LLP as our independent registered public accounting firm for the fiscal year ended December 31, 2008.

 

FOR

   

AGAINST

   

ABSTENTIONS

   

BROKER NON-VOTES

39,153,201

    15,636    1,862    -0-

 

35

Table of Contents

PART II

Item 4. SUBMISSION OF MATTERS TO A VOTE OF
SECURITY HOLDERS

Our 2008 annual meeting of stockholders was held on November 5, 2008.

STYLE="font-size:6px;margin-top:0px;margin-bottom:0px"> 





(a)Our stockholders voted as follows with respect to elect five directors to serve until our next annual meeting of stockholders or until their successors are duly elected and
qualified:

 














































DIRECTORS

  

FOR

  Authority
Withheld

Patrick Soon-Shiong, M.D.

  36,013,428  3,157,271

Kirk K. Calhoun

  39,141,929  28,770

Stephen D. Nimer, M.D.

  39,142,216  28,483

Leonard Shapiro

  39,141,970  28,729

David S. Chen, Ph.D.

  39,142,216  28,483

 





(b)Our stockholders voted as follows with respect to a proposal to ratify the appointment of Ernst & Young LLP as our independent registered public accounting firm for the
fiscal year ended December 31, 2008.

 




























FOR

  

AGAINST

  

ABSTENTIONS

  

BROKER NON-VOTES

39,153,201

  15,636  1,862  -0-

 


35






Table of Contents


PART II

FACE="Times New Roman" SIZE="2">Item 5. MARKET FOR REGISTRANT’S COMMON EQUITY, RELATED STOCKHOLDER MATTERS AND ISSUER PURCHASES OF EQUITY SECURITIES

STYLE="margin-top:6px;margin-bottom:0px">Market for Common Stock

Our common stock is listed
and traded on The Nasdaq Global Market under the symbol “ABII.” Regular-way trading of our common stock commenced on November 14, 2007, the day after our separation from Old Abraxis. The following table sets forth the prices for our
common stock as reported by NASDAQ for fiscal years 2008 and 2007:

 


























































































   2008
Price Per Share		  2007(a)
Price Per Share
For the quarter ended:  High  Low  High  Low

March 31

  $69.00  $53.00   n/a   n/a

June 30

  $69.91  $58.33   n/a   n/a

September 30

  $78.95  $59.03   n/a   n/a

December 31

  $74.50  $46.28  $73.44  $33.00

(a) No trading occurred prior to November 14, 2007. Figures for the quarter ended
December 31, 2007 are as reported on Nasdaq between November 14, 2007 and December 31, 2007.

As of February 24, 2009,
there were approximately 70 stockholders of record of our common stock and the closing price of our stock as reported by NASDAQ on that date was $73.01.

SIZE="2">Dividend Policy

We have never declared or paid a cash dividend and we have no current intention of paying cash dividends.
We currently anticipate that we will retain future earnings to support our growth strategy. We do not anticipate paying regular cash dividends on our common stock in the foreseeable future

STYLE="margin-top:18px;margin-bottom:0px">Issuer Purchases of Equity Securities

We did not
repurchase any of our equity securities during the fourth quarter of 2008.

Securities Authorized for Issuance under Equity Compensation Plans

Please see Part III, Item 12 of this Annual Report on Form 10-K for disclosure relating to our equity compensation plans. Such
information is incorporated by reference from our Proxy Statement for our 2009 Annual Meeting of Stockholders.

 


36






Table of Contents


Performance Graph Notwithstanding anything to the contrary set forth in any of our previous
filings under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, that might incorporate future filings, including this Annual Report of Form 10-K, in whole or in part, the following graph shall not be deemed
to be incorporated by reference into any such filings.

The following graph compares the percentage change in the cumulative total
stockholder return on our common stock as compared with the NASDAQ Pharmaceutical Index and the NASDAQ stock market (U.S. Index). The comparison assumes an investment of $100 on November 14, 2007 (the date on which our common stock first began
to be publicly traded) in our common stock and in each of the foregoing indices, and assumes reinvestment of dividends, of which we paid none. The stock performance shown on the graph below is not necessarily indicative of future price
performance.

Abraxis BioScience, Inc.

FACE="Times New Roman" SIZE="2">NASDAQ Pharmaceutical Index

NASDAQ Stock Market (U.S. Index)

STYLE="margin-top:12px;margin-bottom:0px" ALIGN="center">

LOGO

 


37






Table of Contents


EXCERPTS ON THIS PAGE:

10-K
Mar 12, 2010
10-K (2 sections)
Mar 6, 2009

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