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Cosi 8-K 2010

Documents found in this filing:

  1. 8-K
  2. 8-K
co19852745-8k.htm
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 8, 2010

Cosi, Inc.

(Exact Name of Registrant as Specified in Its Charter)

Delaware
000-50052
06-1393745
(State or Other Jurisdiction of Incorporation)
(Commission File Number)
(IRS Employer Identification No.)

1751 Lake Cook Road, Suite 600; Deerfield, Illinois
60015
(Address of Principal Executive Offices)
(Zip Code)

Registrant’s telephone number, including area code:   (847) 597-8800

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 (see General Instruction A.2. below):
 
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

At the Company’s annual meeting of stockholders held on June 8, 2010, the following matters were submitted to and approved by a vote of the Company’s Stockholders:

(1)  
The election of three directors for a three-year term ending at the annual meeting of Stockholders to be held in 2013 or until their successors are duly elected and qualified:

Directors
Votes For
Votes Withheld
Broker Non-Votes
Mark Demilio
25,659,184
167,798
14,700,214
Creed L. Ford, III
25,645,021
181,961
14,700,214
James Hyatt
25,718,265
108,717
14,700,214

(2)  
The ratification of the appointment of BDO Seidman, LLP as the Company’s independent registered public accounting firm for the fiscal year ending December 27, 2010.

Votes For
Votes Against
Abstentions
39,482,759
490,797
553,640

There were no broker non-votes for this item.

(3)  
Re-approval of the material terms of the performance goals under the Company’s 2005 Onmibus Long-Term Incentive Plan to comply with Section 162(m) of the Internal Revenue Code of 1986, as amended.

Votes For
Votes Against
Abstentions
Broker Non-Votes
25,315,334
429,132
82,516
14,700,214

Of the 51.3 million shares eligible to vote as of the April 29, 2010, record date, more than 40.5 million votes, or approximately 78.9% of the total shares outstanding, were represented at the meeting.
 
 
 

 
 
Signature
 
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:  June 14, 2010
Cosi, Inc.
 
 
/s/ William Koziel

Name: William Koziel
Title: Chief Financial Officer

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