XM Radio 2015 Annual Report Download - page 15
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employees may solicit proxies on our behalf by telephone or in writing but will receive no additional
compensation for their services.
When, and how, do I submit a proposal for next year’s annual meeting of stockholders?
Under the SEC’s rules and regulations, any stockholder desiring to submit a proposal to be
included in our 2017 proxy statement must submit such proposal to us in writing at our principal
executive offices located at: 1221 Avenue of the Americas, 36th Floor, New York, New York 10020,
to the attention of the Corporate Secretary, no later than the close of business on December 6,
2016.
Our By-laws provide for advance notice provisions. The By-laws require the timely notice of
certain information to be provided by any stockholder who proposes director nominations or any
other business for consideration at a stockholders’ meeting. Failure to deliver a proposal in
accordance with the procedures discussed above and in the By-laws may result in the proposal not
being deemed timely received. To be timely, notice of a director nomination or any other business
for consideration at a stockholders’ meeting must be received by our Corporate Secretary at our
principal executive offices not less than 70 days nor more than 90 days prior to the first anniversary
of the preceding year’s annual meeting. Therefore, to be presented at our 2017 Annual Meeting of
Stockholders, such a proposal must be received by the Corporate Secretary on or after February
23, 2017 but no later than March 15, 2017. In the event that the date of the 2017 Annual Meeting
is advanced by more than 20 days, or delayed by more than 70 days, from the anniversary date of
the 2016 Annual Meeting of Stockholders, notice must be delivered no earlier than the 90th day
prior to the 2017 Annual Meeting and not later than the close of business on the later of the 70th
day prior to such annual meeting or the 10th day following the day on which public announcement
of the date of the 2017 Annual Meeting of Stockholders is first made. In addition, for the purposes
of the application of Rule 14a-4(c) of the Exchange Act, the date for timely notice specified in this
paragraph shall be the earlier of the date calculated above or the date specified in paragraph (c)(1)
of Rule 14a-4 of the Exchange Act.
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