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ABFS > SEC Filings for ABFS > Form 8-K on 29-Jan-2014All Recent SEC Filings

Show all filings for ARKANSAS BEST CORP /DE/ | Request a Trial to NEW EDGAR Online Pro

Form 8-K for ARKANSAS BEST CORP /DE/


29-Jan-2014

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


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

On January 23, 2014, the Board of Directors (the "Board") of Arkansas Best Corporation (the "Company") adopted the Second Amendment (the "Amendment") to the Company's Third Amended and Restated Bylaws, effective as of such date. The principal change is as follows:

Resignation Policy

The Amendment implements a resignation policy applicable when a nominee for director receives a greater number of "withhold" votes than "for" votes in an uncontested election and requires such a nominee to tender his or her resignation to the Board promptly following the election. The Board would thereafter consider the resignation and would either accept or reject the resignation after considering any information the Board deems appropriate. Under the policy, the Board must disclose its decision to accept or reject the resignation and, if rejected, the reasons for doing so.

The foregoing is a summary of the Amendment and is qualified in its entirety by reference to the Amendment, a copy of which is filed herewith as Exhibit 3.3 and incorporated herein by reference.



Item 9.01 Financial Statements and Exhibits.

(d) Exhibits.

3.1 Third Amended and Restated Bylaws of the Company dated as of April 22, 2010 (previously filed as Exhibit 3.5 to the Company's Quarterly Report on Form 10-Q, filed with the Commission on August 5, 2010, Commission File No. 000-19969, and incorporated herein by reference.)

3.2 First Amendment to the Third Amended and Restated Bylaws of the Company dated as of October 25, 2013 (previously filed as Exhibit 3.2 to the Company's Current Report on Form 8-K, filed with the Commission on October 31, 2013, Commission File No. 000-19969, and incorporated herein by reference).

3.3 Second Amendment to the Third Amended and Restated Bylaws of the Company dated as of January 23, 2014.


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