Biogen Idec says that, based on a preliminary count provided by its proxy solicitor, it appears the company's stockholders elected Robert Pangia, William Young and Alexander Denner, to its board of directors. Based on that count, results on the election of the fourth director were too close to call. The company will rely on the tabulation of votes by its independent inspector of elections, IVS Associates, before announcing the remaining director to serve on the board.
Mr Denner was a nomination of activist billionaire investor Carl Icahn, who owns around 9.4% of Biogen and has been angling to shake up the drug companies board for some while (Marketletters passim). Mr Icahn, who lost this year's proxy vote with the drug firm, also claims that another nominee, Richard Mulligan,won a seat, hence Biogen's comments about vote tabulation.
In addition, the preliminary count shows that stockholders supported the Biogen Idec board's recommendations to institute majority voting in uncontested elections, ratify the company's auditor and reject a proposal to change the company's jurisdiction of incorporation to North Dakota. It appears that stockholders also supported the Board's recommendation to reject a proposal to amend the company's by laws to set the size of the board at 13 members.
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