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): June 26, 2018
Abtech Holdings, Inc.
(Exact name of registrant as specified in its charter)
| Nevada | 000-52762 | 14-1994102 | ||
| (State or other jurisdiction of incorporation) |
(Commission File Number) |
(I.R.S. Employer Identification No.) |
4110 N. Scottsdale Road, Suite 235
Scottsdale, Arizona 85251
(Address of principal executive offices)
480-874-4000
(Registrant’s telephone number, including area code)
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:
| ☐ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| ☐ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| ☐ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| ☐ | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
| ☐ | Emerging growth company |
| ☐ | If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. |
| Item 5.08 | Shareholder Director Nominations. |
On June 26, 2018, the Board of Directors of Abtech Holdings, Inc. (the “Company”) established August 15, 2018 as the date for the Company’s 2018 Annual Meeting of Stockholders (the “Annual Meeting”) and set June 30, 2018 as the record date for the Annual Meeting. Due to the fact that the date of the Annual Meeting has been changed by more than 30 days from the anniversary date of the 2017 Annual Meeting of Stockholders, the Company is providing an updated due date for submission of any qualified stockholder proposals or qualified stockholder nominations (“Notices”).
In accordance with Rule 14a-5(f) and Rule 14a-8(e) under the Securities Exchange Act of 1934, as amended (the “Exchange Act”), the deadline for stockholders to provide Notices for inclusion in the Company’s proxy statement for the Annual Meeting, as well as for Notices not to be included in the Company’s proxy statement, will be not later than the close of business on July 12, 2018, which the Company has determined is a reasonable time before the Company begins to distribute the proxy materials for the Annual Meeting. Notices should be directed to our Corporate Secretary, at the Company’s offices at 4110 N. Scottsdale Road, Suite 235, Scottsdale, Arizona 85251. Notices must comply with all of the applicable requirements set forth in the rules and regulations of the Securities and Exchange Commission, including Rule 14a-8 under the Exchange Act.
The exact time and location of the Annual Meeting will be specified in the Company’s proxy statement for the Annual Meeting.
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.
Dated: July 2, 2018
| ABTECH HOLDINGS, INC., a Nevada corporation | ||
| By: | /s/ Glenn R. Rink | |
| Glenn R. Rink | ||
| President and Chief Executive Officer | ||