8-KCorporate ChangesExhibits & Filings

AGILENT TECHNOLOGIES, INC. 8-K Report, Bylaw Amendment (Sep 18, 2019)

Filed September 18, 2019For Securities:A

Summary

Agilent Technologies, Inc. (A) has filed an 8-K report on September 18, 2019, detailing amendments to its corporate bylaws. The most significant change introduced is the implementation of proxy access, a mechanism that allows qualifying shareholders to nominate directors to be included in the company's proxy materials. This provision, effective for the 2021 annual meeting, enables a shareholder or a group of up to 20 shareholders, collectively holding at least 3% of outstanding common stock for a minimum of three consecutive years, to nominate director candidates. In conjunction with the proxy access update, Agilent has also revised its advance notice and related bylaw provisions for shareholder proposals and nominations. These revisions aim to clarify and enhance the requirements for submitting shareholder notices, including updated stipulations on required supplemental information, questionnaires, representations, and specific disclosures for director nominees. Investors should note that the full details of these amendments are available in the filed Amended and Restated Bylaws, incorporated by reference.

Key Highlights

  • 1Agilent Technologies has amended and restated its corporate bylaws, effective September 18, 2019.
  • 2The company has implemented a proxy access provision allowing qualifying shareholders to nominate directors.
  • 3To utilize proxy access, shareholders must collectively own at least 3% of common stock for three consecutive years.
  • 4Proxy access allows for the nomination of up to two individuals or 20% of the Board, whichever is greater.
  • 5The proxy access provision will be first available for the Company's 2021 annual meeting.
  • 6Advance notice requirements for shareholder proposals and director nominations have been updated.
  • 7Revisions include enhanced details on required shareholder notices, questionnaires, and disclosures.

Frequently Asked Questions

The most significant change is the implementation of proxy access, which allows eligible shareholders to nominate director candidates to be included in the company's proxy materials.

Proxy access is available to a shareholder or a group of up to 20 shareholders who have continuously owned at least 3% of the company's outstanding common stock for at least three years. This provision will first be available for Agilent's 2021 annual meeting.

The bylaws have been updated to clarify and enhance advance notice provisions for shareholder business and nominations. This includes more specific requirements regarding supplemental information, questionnaires, representations, and disclosures for both shareholder proposals and director nominees.

The full text of the Amended and Restated Bylaws, which details all the changes, is attached as Exhibit 3.1 to this 8-K filing and is incorporated herein by reference.