This excerpt taken from the XIDE DEF 14A filed Jul 16, 2007.
SHAREHOLDER PROPOSALS AND DIRECTOR NOMINATIONS FOR 2008 ANNUAL MEETING
You may submit proposals, including director nominations, for consideration at future shareholder meetings.
Shareholder Proposals. For a shareholder proposal to be considered for inclusion in our proxy statement for the annual meeting next year, our Corporate Secretary must receive the written proposal at our principal executive offices no later than March 11, 2008. Such proposals must also comply with SEC regulations under Rule 14a-8 of the Securities Exchange Act of 1934 regarding the inclusion of shareholder proposals in company-sponsored proxy materials. Proposals should be addressed to:
13000 Deerfield Parkway
Alpharetta, Georgia 30004
Attn: Corporate Secretary
Fax: (678) 566-9229
For a shareholder proposal that is not intended to be included in our proxy statement under Rule 14a-8 of the Securities Exchange Act of 1934, the shareholder must (1) deliver a proxy statement and form of proxy to holders of a sufficient number of shares of our common stock to approve the proposal, (2) provide the information required by our Bylaws and (3) give timely notice to our Corporate Secretary in accordance with our Bylaws, which, in general, require that the notice be received by our Corporate Secretary:
However, if the 2008 annual meeting of shareholders is moved more than 30 days before or more than 70 days after August 22, 2008, then notice must be delivered by the shareholder not earlier than the close of business on the one hundred twentieth day prior to such annual meeting and not later than the close of business on the later of the ninetieth day prior to such annual meeting or the tenth day following the day on which public announcement of the date of such meeting is first made by our company.
Nomination of Director Candidates. You may propose director candidates for consideration by the Board of Directors Nominating and Corporate Governance Committee. Any such recommendation should include the nominees name and qualification for Board of Directors membership and should be directed our Corporate Secretary at the address of our companys principal executive offices set forth above.
In addition, our Bylaws permit shareholders to nominate directors for election at an annual meeting of shareholders. To nominate a director, the shareholder must provide the information required by our Bylaws. In addition, the shareholder must give timely notice to our Corporate Secretary in accordance with our Bylaws, which, in general, require that the notice be received by our Corporate Secretary within the time period described above for shareholder proposals that are not intended to be included in our proxy statement.
Copy of Bylaw Provisions. You may contact our Corporate Secretary at our principal executive offices for a copy of the relevant provisions of our Bylaws regarding the requirements for making shareholder proposals and nominating director candidates.
The Board of Directors does not provide a process for stockholders to send other communications to the Board because it believes that the process available under applicable federal securities laws for stockholders to submit proposals for consideration at the annual meeting is adequate.