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): October 18, 2006

 

E-Z-EM, INC.


(Exact Name of Registrant as Specified in its Charter)


 

Delaware


(State or Other Jurisdiction of Incorporation)


 

 

 

1-11479

 

11-1999504


 


(Commission File Number)

 

(IRS Employer Identification No.   )


 

 

 

1111 Marcus Avenue, Lake Success, New York

 

11042


 


(Address of Principal Executive Offices)

 

(Zip Code)


 

(516) 333-8230


(Registrant’s telephone number, including area code)

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.

 

 

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 1.01. Entry into a Material Definitive Agreement.

          On October 18, 2006, at the 2006 annual meeting of stockholders of E-Z-EM, Inc. (the “Company”), the Company’s stockholders approved an amendment to the Company’s 2004 Stock and Incentive Award Plan (the “2004 Plan”), that increased the number of shares of the Company’s common stock authorized for issuance under the 2004 Plan by 700,000 shares to 1,708,425 shares.

          The Company’s Board of Directors approved the amendment to the 2004 Plan on August 22, 2006, effective upon stockholder approval at the 2006 annual meeting.

Item 9.01. Financial Statements and Exhibits.

 

 

 

 

(d)

Exhibits.


 

 

 

 

 

10.1 E-Z-EM, Inc. 2004 Stock and Incentive Award Plan, as amended.

2



SIGNATURES

          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: October 20, 2006

E-Z-EM, INC.

 

(Registrant)


 

 

 

 

By:

/s/ Peter J. Graham

 

 


 

 

Peter J. Graham

 

 

Senior Vice President –

 

 

Chief Legal Officer, Global Human Resources and Secretary

3



EXHIBIT INDEX

 

 

Exhibit

 


 

 

10.1

   E-Z-EM, Inc. 2004 Stock and Incentive Award Plan, as amended.

4