adc-form8k_dec202011.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)
December 20, 2011
  
     

AMCON DISTRIBUTING COMPANY
(Exact name of registrant as specified in its charter)

Delaware
1-15589
47-0702918
(State or other jurisdiction of incorporation)
(Commission File Number)
(IRS Employer
Identification Number)

 
7405 Irvington Road, Omaha, NE
68122
  
 
(Address of principal executive offices)
(Zip Code)
  

 
Registrant's telephone number, including area code
(402) 331-3727

         
 
(Former name or former address, if changed since last report)
  
         

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.
 
AMCON Distributing Company held its annual meeting of stockholders on Tuesday, December 20, 2011, at which meeting our stockholders voted upon the following matters:
 
 
●
The election of three Class III directors to hold office for a term expiring at our annual meeting of stockholders following our 2014 fiscal year, and until their respective successors are duly elected and qualified or until their respective earlier resignation or removal; and
     
 
●
The ratification and approval of the selection of McGladrey and Pullen, LLP as our independent registered public accounting firm for our 2012 fiscal year.
     
Election of Directors
 
At the annual meeting, Kathleen M. Evans, John R. Loyack and Timothy R. Pestotnik each was elected as a Class III director.  The following is a summary of the votes cast at the annual meeting with respect to the election of directors:
 
 
Name
Votes in
Favor
Votes
Withheld
 
Kathleen M. Evans
363,650
5,006
 
John R. Loyack
360,693
7,963
 
Timothy R. Pestotnik
333,796
34,860
 
There were 161,386 broker non-votes with respect to this matter.
 
In addition to the three Class III directors elected at the annual meeting, the persons continuing their term of office as members of our board of directors are:
 
 
Class I Directors (term to expire at the annual meeting following our 2012 fiscal year)
   
Jeremy W. Hobbs
  
   
Stanley Mayer
  
 
Class II Directors (term to expire at the annual meeting following our 2013 fiscal year)
   
Christopher H. Atayan
  
   
Raymond F. Bentele
  
       
Ratification and Approval of Independent Registered Public Accounting Firm
 
At the annual meeting, the selection of McGladrey and Pullen, LLP as our independent registered public accounting firm for our 2012 fiscal year was ratified and approved.  The following is a summary of the votes cast at the annual meeting with respect to this matter:
 

   
Votes in
Favor
Votes
Against
Votes
Abstaining
 
Ratification and approval of the selection of McGladrey and Pullen, LLP
519,216
10,825
1
 
 
 
 
 
 
There were no broker non-votes with respect to this matter.
 
Additional information regarding the matters voted on at the annual meeting is contained in our proxy statement dated November 18, 2011.
 
*                      *                      *
 
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.
 
   
AMCON DISTRIBUTING COMPANY
     
Dated:
December 20, 2011
  
   
By:
   /s/ Andrew C. Plummer
     
Andrew C. Plummer
     
Vice President & Chief Financial Officer