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Form DEFA14A KERYX BIOPHARMACEUTICALS

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April 15, 2016 5:09 PM EDT

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

SCHEDULE 14A

PROXY STATEMENT PURSUANT TO SECTION 14(a) OF THE

SECURITIES EXCHANGE ACT OF 1934

Filed by the Registrant  x                            Filed by a Party other than the Registrant  ¨

Check the appropriate box:

 

¨   Preliminary Proxy Statement
¨   Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2))
¨   Definitive Proxy Statement
x   Definitive Additional Materials
¨   Soliciting Material Pursuant to Section 240.14a-12

KERYX BIOPHARMACEUTICALS, INC.

(Name of Registrant as Specified in Its Charter)

 

(Name of Person(s) Filing Proxy Statement, if other than the Registrant)

Payment of Filing Fee (Check the appropriate box):

x   No fee required.
¨   Fee computed on the table below per Exchange Act Rules 14a-6(i)(1) and 0-11.
  (1)  

Title of each class of securities to which transaction applies:

 

     

  (2)  

Aggregate number of securities to which transaction applies:

 

     

  (3)  

Per unit price or other underlying value of transaction computed pursuant to Exchange Act Rule 0-11 (set forth the amount on which the filing fee is calculated and state how it was determined):

 

     

  (4)  

Proposed maximum aggregate value of transaction:

 

     

  (5)  

Total fee paid:

 

     

¨   Fee paid previously with preliminary materials.
¨   Check box if any part of the fee is offset as provided by Exchange Act Rule 0-11(a)(2) and identify the filing for which the offsetting fee was paid previously. Identify the previous filing by registration statement number, or the Form or Schedule and the date of its filing.
  (1)  

Amount Previously Paid:

 

     

  (2)  

Form, Schedule or Registration Statement No.:

 

     

  (3)  

Filing Party:

 

     

  (4)  

Date Filed:

 

     

*** Exercise Your Right to Vote ***

Important Notice Regarding the Availability of Proxy Materials for the

Shareholder Meeting to Be Held on May 25, 2016

 

 

 

 

LOGO

   KERYX BIOPHARMACEUTICALS, INC.
         
      Meeting Information    
   
      Meeting Type: Annual Meeting    
   

 

  For holders as of: March 31, 2016

    
   

 

  Date: May 25, 2016            Time: 10:00 AM EST

    
   

 

  Location:  Mintz Levin

    
   

 

                     1 Financial Center

    
   

 

                     Boston, MA 02111

    
   
         
     
 

You are receiving this communication because you hold shares in the above named company.

 

This is not a ballot. You cannot use this notice to vote these shares. This communication presents only an overview of the more complete proxy materials that are available to you on the Internet. You may view the proxy materials online at www.proxyvote.com or easily request a paper copy (see reverse side).

 

We encourage you to access and review all of the important information contained in the proxy materials before voting.

 

 

 

See the reverse side of this notice to obtain proxy materials and voting instructions.

 

 

        

—  Before You Vote  —

How to Access the Proxy Materials

 

  
          

 

Proxy Materials Available to VIEW or RECEIVE:

    
          

 

1. Notice & Proxy Statement and Annual Report

 

How to View Online:

 

Have the information that is printed in the box marked by the arrow   LOGO   (located on the following page) and visit: www.proxyvote.com.

 

How to Request and Receive a PAPER or E-MAIL Copy:

 

If you want to receive a paper or e-mail copy of these documents, you must request one. There is NO charge for requesting a copy. Please choose one of the following methods to make your request:

    
             

 

1) BY INTERNET:

   

 

www.proxyvote.com

    
              2) BY TELEPHONE:     1-800-579-1639    
              3) BY E-MAIL*:    [email protected]    
          

 

*  If requesting materials by e-mail, please send a blank e-mail with the information that is printed in the box marked by the arrow   LOGO   (located on the following page) in the subject line.

   
          

 

Requests, instructions and other inquiries sent to this e-mail address will NOT be forwarded to your investment advisor. Please make the request as instructed above on or before May 11, 2016 to facilitate timely delivery.

 

    
            
        

 

 

—  How To Vote  —

Please Choose One of the Following Voting Methods

 

  

LOGO

                          
          

Vote In Person: If you choose to vote these shares in person at the meeting, you must request a “legal proxy.” To do so, please follow the instructions at www.proxyvote.com or request a paper copy of the materials, which will contain the appropriate instructions. Many shareholder meetings have attendance requirements including, but not limited to, the possession of an attendance ticket issued by the entity holding the meeting. Please check the meeting materials for any special requirements for meeting attendance.

 

Vote By Internet: To vote now by Internet, go to www.proxyvote.com. Have the information that is printed in the box marked by the arrow   LOGO   available and follow the instructions.

 

Vote By Mail: You can vote by mail by requesting a paper copy of the materials, which will include a voting instruction form.

 

    
                  

    Voting items     
  The Board of Directors recommends that you
  vote FOR the following:
  1.   Election of Directors          
    Nominees                
  01   Kevin J. Cameron       02   John P. Butler       03   Steven C. Gilman       04   Gregory P. Madison       05   Daniel P. Regan
  06   Michael Rogers                
  The Board of Directors recommends you vote FOR the following proposal(s):
  2.   The ratification of appointment of UHY LLP as independent registered public accounting firm for the year ending December 31, 2016.
  3.   The approval of the compensation of our named executive officers as disclosed in our proxy statement.
  4.   The approval of an amendment to our Certificate of Incorporation to increase our authorized share capital by 50,000,000 shares of common stock.
  5.  

The approval of our Amended and Restated 2013 Incentive Plan to increase the number of authorized shares issuable thereunder from 9,500,000 to 18,000,000 and to institute a cap on director equity compensation.

 

 

 

 

 

NOTE: Such other business as may properly come before the meeting or any adjournment thereof.

 

 

 

 

LOGO

 

 

 

  Voting Instructions   

 

LOGO


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