Delaware
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1-35672
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20-5234618
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(State of incorporation)
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(Commission File Number)
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(IRS Employer
Identification No.)
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☐
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Written communications pursuant to Rule 425 under the Securities Act.
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☐
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act.
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☐
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act.
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☐
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act.
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Item 5.03 |
Amendments to Articles of Incorporation or Bylaws.
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·
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Previously, the Company's Bylaws provided for election of directors by plurality vote. The Amended and Restated Bylaws provide that, other than in a contested election (i.e., an election in which the number of candidates exceeds the number of directors to be elected), each director shall be elected by the vote of the majority of the votes cast.
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·
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A majority of the votes cast means that the number of votes cast "for" a director's election exceeds the number of votes cast "against" that director's election. Votes cast exclude ballots marked as "withheld", "abstentions" and any "broker non-votes."
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·
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In a contested election, directors will continue to be elected by a plurality vote.
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Item 9.01 |
Financial Statements and Exhibits.
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Exhibit
Number |
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Description
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3.1
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Amended and Restated Bylaws of Berry Global Group, Inc., effective November 30, 2017.
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BERRY GLOBAL GROUP, INC. | |||
(Registrant) | |||
Dated: November 30, 2017
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By:
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/s/ Jason K. Greene | |
Name: | Jason K. Greene | ||
Title: | Executive Vice President, Chief Legal Officer and Secretary | ||