UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): May 12, 2010
BERRY PETROLEUM COMPANY
(Exact Name of Registrant as Specified in its Charter)
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DELAWARE
(State or Other Jurisdiction of
Incorporation or Organization)
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1-9735
(Commission File Number)
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77-0079387
(IRS Employer
Identification Number)
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1999 BROADWAY, SUITE 3700, DENVER, COLORADO
(Address of Principal Executive Offices)
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80202
(Zip Code)
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Registrant’s telephone number, including area code: (303) 999-4400
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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Item 5.07 Submission of Matters to a Vote of Security Holders
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Berry Petroleum Company held its annual meeting of shareholders on May 12, 2010 at which a quorum was present. The following is a summary of matters voted on at that meeting. Percentages set forth below are based on the shares represented and voting at the meeting in person or by proxy.
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PROPOSAL ONE: Election of nine Directors
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NOMINEE
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VOTES CAST FOR
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PERCENTAGE OF
VOTES CAST
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WITHHOLD
AUTHORITY
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BROKER
NON-VOTE
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Joseph H. Bryant
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42,493,543
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98.99%
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433,900
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4,605,702
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Ralph B. Busch, III
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42,132,884
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98.15%
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794,559
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4,605,702
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William E. Bush, Jr.
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42,390,856
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98.75%
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536,587
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4,605,702
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Stephen L. Cropper
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42,768,923
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99.63%
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158,520
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4,605,702
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J. Herbert Gaul, Jr.
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42,386,504
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98.74%
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540,939
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4,605,702
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Robert F. Heinemann
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42,410,520
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98.80%
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516,923
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4,605,702
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Thomas J. Jamieson
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42,134,770
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98.15%
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792,673
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4,605,702
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J. Frank Keller
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42,479,026
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98.96%
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448,417
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4,605,702
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Martin H. Young, Jr.
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39,517,946
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92.06%
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3,409,497
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4,605,702
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PROPOSAL TWO: Approval of our 2010 Equity Incentive Plan.
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SHARES
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PERCENTAGE
OF SHARES VOTED
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Votes For
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36,760,089
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85.63%
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Votes Against
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6,128,419
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14.28%
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Votes Abstain
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38,935
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0.09%
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Broker Non-Vote
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4,605,702
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0.00%
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Total
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47,533,145
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100.00%
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PROPOSAL THREE: Ratification of the appointment of PricewaterhouseCoopers LLP as the Independent Registered Public Accounting Firm (Independent Auditors).
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SHARES
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PERCENTAGE
OF SHARES VOTED
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Votes For
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46,929,002
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98.73%
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Votes Against
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591,003
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1.24%
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Votes Abstain
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13,140
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0.03%
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Total
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47,533,145
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100.00%
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Pursuant to the foregoing votes, Messrs. Bryant, Busch, Bush, Cropper, Gaul, Heinemann, Jamieson, Keller and Young were elected to serve as directors until the next annual meeting of shareholders; the 2010 Equity Incentive Plan was approved; and the appointment of PricewaterhouseCoopers LLP as independent auditors was ratified.
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereto duly authorized.
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BERRY PETROLEUM COMPANY
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By:
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/s/ Kenneth A. Olson
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Kenneth A. Olson
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Corporate Secretary
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Date: May14, 2010
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