e8vk
 
 
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): April 23, 2010
Advanced Energy Industries, Inc.
(Exact name of registrant as specified in its charter)
         
Delaware
(State or other jurisdiction
of incorporation)
  000-26966
(Commission
File Number)
  84-0846841
(IRS Employer
Identification No.)
     
1625 Sharp Point Drive, Fort Collins, Colorado
(Address of principal executive offices)
  80525
(Zip Code)
Registrant’s telephone number, including area code: (970) 221-4670
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 (see General Instruction A.2. below):
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 5.03   Amendment to Articles of Incorporation or Bylaws; Changes in Fiscal Year.
On April 23, 2010, the Board of Directors of Advanced Energy Industries, Inc. adopted the Third Amendment to the By-Laws of Advanced Energy Industries, Inc. (the “Third Amendment”), effective immediately. The Third Amendment amends Subpart (b)(i) of Section 5 (Article III) to reduce the percentage of voting interests required for a stockholder to call a special meeting from 20% to 10%.
The foregoing is a description of the amendment to Advanced Energy’s By-Laws and is qualified in its entirety by reference to the full text of the Third Amendment. Third Amendment is attached as Exhibit 3.1 to this report and is incorporated herein by reference.
Item 9.01   Financial Statements and Exhibits.
(d) Exhibits
     
3.1
  Third Amendment to the By-Laws of Advanced Energy Industries, Inc.
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.
         
  Advanced Energy Industries, Inc.
 
 
Date: April 23, 2010  /s/ Thomas O. McGimpsey   
  Thomas O. McGimpsey   
  Vice President, General Counsel & Corporate Secretary   
 

 


 

Exhibit Index
     
3.1
  Third Amendment to the By-Laws of Advanced Energy Industries, Inc.