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 22, 2013

 

CUBIC ENERGY, INC.

(Exact name of registrant as specified in its charter)

 

Texas

 

001-34144

 

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 22, 2013, the annual meeting of shareholders (the “Annual Meeting”) of Cubic Energy, Inc. (the “Company”) was held.  At the Annual Meeting, the Company’s shareholders voted on four proposals and cast their votes as described below.  The proposals are described in the Company’s definitive proxy statement on Schedule 14A as filed with the Securities and Exchange Commission on April 22, 2013.

 

Proposal One.  Six 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

 

19,366,923

 

16,088,192

 

34,474,841

 

Gene C. Howard

 

19,650,803

 

15,804,312

 

34,474,841

 

Bob L. Clements

 

19,647,623

 

15,807,492

 

34,474,841

 

Jon S. Ross

 

19,625,637

 

15,829,478

 

34,474,841

 

David B. Brown

 

19,647,807

 

15,807,308

 

34,474,841

 

Paul R. Ferretti

 

19,648,707

 

15,806,408

 

34,474,841

 

 

Proposal Two.  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, 2013, by the following vote:

 

Votes For

 

Votes Against

 

Votes Abstained

 

Broker Non-Votes

 

54,733,598

 

14,950,887

 

245,471

 

0

 

 

Proposal Three.  The proposal to approve, on an advisory basis, named executive officer compensation was approved based upon the following votes:

 

Votes For

 

Votes Against

 

Votes Abstained

 

Broker Non-Votes

 

19,338,803

 

16,067,295

 

49,017

 

34,474,841

 

 

Proposal Four.  The shareholders voted, on an advisory basis, to hold future advisory votes on named executive officer compensation as follows:

 

Every Year

 

Every Two Years

 

Every Three Years

 

Votes Abstained

 

Broker Non-Votes

 

34,085,604

 

35,735

 

238,917

 

1,094,859

 

34,474,841

 

 

In connection with the Annual Meeting, the Board of Directors of the Company (the “Board”) had recommended that shareholders vote to hold future advisory votes to approve the compensation of the Company’s named executive officers on an annual basis.  In light of such recommendation and considering the support for an annual vote as reflected in the above voting results, the Board, on May 22, 2013, determined that the Company will hold future advisory votes to approve the compensation of the Company’s named executive officers annually, until otherwise determined by the Board.

 

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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 23, 2013

CUBIC ENERGY, INC.

 

 

 

By:

/s/Jon S. Ross

 

 

Jon S. Ross, Secretary

 

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