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TIBX > SEC Filings for TIBX > Form 8-K on 28-Jun-2013All Recent SEC Filings

Show all filings for TIBCO SOFTWARE INC



Amendments to Articles of Inc. or Bylaws; Change in Fiscal Year, Financial Sta

Item 5.03. Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year

On June 27, 2013, the Board of Directors of TIBCO Software Inc. (the "Company") amended and restated the Company's Amended and Restated Bylaws (as so amended and restated, the "Bylaws"). The principal changes made to the Bylaws were to:
(i) clarify and expand disclosure from and about any stockholder submitting a stockholder proposal or director nomination (including expanded disclosure about any director nominee), and (ii) require such stockholder to appear in person at the applicable stockholder meeting;

establish procedures for stockholder nominees of directors at special meetings called to elect directors, which procedures substantially mirror those used in connection with an annual meeting;

permit the Company's Board of Directors to fix a record date for voting at a stockholder meeting that is separate from the record date for the notice of such stockholder meeting;

provide that a person shall not be qualified to serve as a member of the Company's Board of Directors if he or she is party to certain compensation arrangements with a third party in connection with his or her candidacy or service as a director; and

make certain clarifying and conforming changes throughout the Bylaws.

The Bylaws are attached as Exhibit 3.1 to this Current Report on Form 8-K. The foregoing description of the Bylaws is qualified in its entirety by reference to the full text of the Bylaws attached hereto.

Item 9.01. Financial Statements and Exhibits

(d) Exhibits.

Exhibit No. Description

3.1 Amended and Restated Bylaws of TIBCO Software Inc.

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