NukeJohn: You were correct. Below are the instructions for the 10-K Item 4. As described, it covers items that were actually submitted to the stockholders for a vote, NOT items that were proposed to be submitted to the stockholders.
" Item 4. Submission of Matters to a Vote of Security Holders. If any matter was submitted during the fourth quarter of the fiscal year covered by this report to a vote of security holders, through the solicitation of proxies or otherwise, furnish the following information: (a) The date of the meeting and whether it was an annual or special meeting. (b) If the meeting involved the election of directors, the name of each director elected at the meeting and the name of each other director whose term of office as a director continued after the meeting. (c) A brief description of each other matter voted upon at the meeting and state the number of votes cast for, against or withheld, as well as the number of abstentions and broker non-votes as to each such matter, including a separate tabulation with respect to each nominee for office. (d) A description of the terms of any settlement between the registrant and any other participant (as defined in Instruction 3 to Item 4 of Shedule 14A (17 CFR 240.14a-101) terminating any solicitation subject to Rule 14a-12(c), including the cost or anticipated cost to the registrant.
Instructions: 1 .If any matter has been submitted to a vote of security holders otherwise than at a meeting of such security holders, corresponding information with respect to such submission shall be furnished. The solicitation of any authorization or consent (other than a proxy to vote at a stockholders’ meeting) with respect to any matter shall be deemed a submission of such matter to a vote of security holders within the meaning of this item.
2. Paragraph (a) need be answered only if paragraph (b) or (c) is required to be answered.
3. Paragraph (b) need not be answered if (i) proxies for the meeting were solicited pursuant to Regulation 14A under the Act, (ii) there was no solicitation in opposition to the management’s nominees as listed in the proxy statement, and (iii) all of such nominees were elected. If the registrant did not solicit proxies and the board of directors as previously reported to the Commission was re-elected in its entirety, a statement to that effect in answer to paragraph (b) will suffice as an answer thereto. 4. Paragraph (c) must be answered for all matters voted upon at the meeting, including both contested and uncontested elections of directors. 5. If the registrant has furnished to its security holders proxy soliciting material containing the information called for by paragraph (d), the paragraph may be answered by reference to the information contained in such material. 6. If the registrant has published a report containing all the information called for by this item, the item may be answered by a reference to the information contained in such report.
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