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EX-99.1 - EX-99.1 - CUBIC ENERGY INCa11-13227_1ex99d1.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):  May 25, 2011

 

CUBIC ENERGY, INC.

(Exact name of registrant as specified in its charter)

 

Texas

 

0-9355

 

87-0352095

(State or other jurisdiction

 

(Commission

 

(IRS Employer

of incorporation)

 

File Number)

 

Identification No.)

 

9870 Plano Road

Dallas, Texas

 

75238

(Address of principal executive offices)

 

(Zip Code)

 

Registrant’s telephone number, including area code:  (972) 686-0369

 

N/A

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

 

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 5.07               Submission of Matters to a Vote of Security Holders.

 

On May 25, 2011, the annual meeting of shareholders of Cubic Energy, Inc. (the “Company”) was held.  Nine directors were elected to serve until the Company’s next annual meeting and until their respective successors have been elected and qualified.  The vote for such directors was as follows:

 

Nominee

 

Votes For

 

Votes Withheld

 

Broker Non-Votes

 

Calvin A. Wallen, III

 

20,767,607

 

21,153,490

 

27,004,470

 

Gene C. Howard

 

20,912,646

 

21,008,451

 

27,004,470

 

Herbert A. Bayer

 

19,870,693

 

22,050,404

 

27,004,470

 

Bob L. Clements

 

22,085,657

 

19,835,440

 

27,004,470

 

Jon S. Ross

 

20,306,254

 

21,614,843

 

27,004,470

 

Phyllis K. Harding

 

40,126,809

 

1,794,288

 

27,004,470

 

William L. Bruggeman, Jr.

 

40,116,101

 

1,804,996

 

27,004,470

 

David B. Brown

 

40,761,277

 

1,159,820

 

27,004,470

 

Paul R. Ferretti

 

40,113,664

 

1,807,433

 

27,004,470

 

 

In addition, the shareholders ratified the appointment of Philip Vogel & Co., PC as the Company’s independent registered public accountant for the Company’s fiscal year ending June 30, 2011, by the following vote:

 

Votes For

 

Votes Against

 

Votes Abstained

 

Broker Non-Votes

 

48,380,747

 

20,345,839

 

198,981

 

0

 

 

Item 7.01               Regulation FD Disclosure.

 

Calvin A. Wallen, III, the Chairman of the Board, Chief Executive Officer and President of the Company, made a presentation at the annual meeting of shareholders of the Company, held on May 25, 2011.  The presentation materials delivered at the annual meeting of shareholders are attached hereto as Exhibit 99.1.  A copy of the materials has also been posted under the Investor Relations section of the Company’s website, www.cubicenergyinc.com.

 

In accordance with General Instruction B.2. of Form 8-K, this information, including Exhibit 99.1, is furnished pursuant to Item 7.01 and shall not be deemed to be “filed” for the purpose of Section 18 of the Securities Exchange Act of 1934 or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, except as may be expressly set forth by specific reference. The information in this Item 7.01 of this Current Report on Form 8-K will not be deemed an admission as to the materiality of any information that is required to be disclosed solely by Regulation FD.

 

Item 9.01               Financial Statements and Exhibits.

 

(d)   Exhibits.

 

99.1                           Annual Shareholder Meeting Management Presentation dated May 25, 2011

 

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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: May 25, 2011

CUBIC ENERGY, INC.

 

 

 

 

 

By:

/s/Jon S. Ross

 

 

Jon S. Ross, Secretary

 

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