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8-K

Alnylam Pharmaceuticals, Inc. (ALNY)

8-K 2025-05-13 For: 2025-05-08
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UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

___________________________________________

FORM 8-K

CURRENT REPORTPursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): May 13, 2025 (May 8, 2025)

Alnylam Pharmaceuticals, Inc.

___________________________________________

Delaware 001-36407 77-0602661
(State or Other Jurisdiction <br>of Incorporation) (Commission<br>File Number) (IRS Employer<br>Identification No.)
675 West Kendall Street,<br><br>Henri A. Termeer Square<br><br>Cambridge, Massachusetts 02142
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(Address of Principal Executive Offices) (Zip Code)

Registrant’s telephone number, including area code: (617) 551-8200

Not applicable
(Former Name or Former Address, if Changed Since Last Report)

___________________________________________

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 (see General Instruction A.2. below):

☐     Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

☐     Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

☐     Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

☐     Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Securities registered pursuant to Section 12(b) of the Act:

Title of Each Class Trading Symbol(s) Name of Each Exchange on Which Registered
Common Stock, $0.01 par value per share ALNY The Nasdaq Stock Market LLC

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934(§240.12b-2 of this chapter).

Emerging growth company ☐

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐

Item 5.03. Amendment to Articles of Incorporation or Bylaws; Change in Fiscal Year

On May 8, 2025, Alnylam Pharmaceuticals, Inc. (the “Company”) held its 2025 Annual Meeting of Stockholders (the “Annual Meeting”). Following the receipt of stockholder approval at the Annual Meeting as described in Item 5.07 of this Current Report on Form 8-K, the Company filed a Certificate of Amendment to the Company’s Restated Certificate of Incorporation to allow for officer exculpation (the “Certificate of Amendment”). The foregoing certificate was filed with the Secretary of State of the State of Delaware on May 8, 2025 and was effective as of such date.

The foregoing description of the Certificate of Amendment does not purport to be complete and is qualified in its entirety by reference to the full text of the exhibit attached hereto and incorporated by reference herein.

Item 5.07. Submission of Matters to a Vote of Security Holders

As of March 10, 2025, the record date for the Annual Meeting, 130,084,858 shares of the Company’s common stock were issued and outstanding. A summary of the matters voted upon by stockholders at the Annual Meeting is set forth below.

  1. The Company’s stockholders re-elected the four persons listed below as Class III directors, each to serve until the Company’s 2028 annual meeting of stockholders or until her successor is duly elected and qualified. The voting results were as follows:
Votes For Votes Against Abstentions Broker Non-Votes
Carolyn R. Bertozzi, Ph.D. 108,200,098 10,440,708 24,081 4,826,451
Margaret A. Hamburg, M.D. 108,041,420 10,601,230 22,237 4,826,451
Colleen F. Reitan 111,919,864 6,734,585 10,438 4,826,451
Amy W. Schulman 103,753,055 14,370,696 541,136 4,826,451

The terms of office of the following directors continued after the Annual Meeting:

Dennis A. Ausiello, M.D.

Michael W. Bonney

Olivier Brandicourt, M.D.

Yvonne L. Greenstreet, M.D.

Peter N. Kellogg

David E.I. Pyott

Elliott Sigal, M.D., Ph.D.

  1. The Company’s stockholders approved the Certificate of Amendment. The voting results were as follows:
Votes For Votes Against Abstentions Broker Non-Votes
111,515,553 7,120,857 28,477 4,826,451
  1. The Company’s stockholders approved the Company’s Second Amended and Restated 2018 Stock Incentive Plan. The voting results were as follows:
Votes For Votes Against Abstentions Broker Non-Votes
114,044,496 4,590,661 29,730 4,826,451
  1. The Company’s stockholders approved, in a non-binding advisory vote, the compensation of the Company’s named executive officers. The voting results were as follows:
Votes For Votes Against Abstentions Broker Non-Votes
111,725,907 6,909,706 29,274 4,826,451
  1. The Company’s stockholders ratified the appointment by the Company’s Board of Directors of PricewaterhouseCoopers LLP as the Company’s independent auditors for the fiscal year ending December 31, 2025. The voting results were as follows:
Votes For Votes Against Abstentions Broker Non-Votes
117,032,947 6,405,215 53,176 0
Item 9.01. Financial Statements and Exhibits
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(d)     Exhibits

3.1     Certificate of Amendment to Restated Certificate of Incorporation of Alnylamexhibit31alnylamcertificat.htmPharmaceuticals, Inc.

104     Cover Page Interactive Data File (embedded within the Inline XBRL document).

SIGNATURE

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 hereunto duly authorized.
Date: May 13, 2025 ALNYLAM PHARMACEUTICALS, INC.
By: /s/ Jeffrey V. Poulton
Jeffrey V. Poulton
Executive Vice President, Chief Financial Officer

Document

Exhibit 3.1

CERTIFICATE OF AMENDMENT TO RESTATED CERTIFICATE OF INCORPORATION OF

ALNYLAM PHARMACEUTICALS, INC.

Alnylam Pharmaceuticals, Inc. (the “Corporation”), a corporation organized and existing under and by virtue of the General Corporation Law of the State of Delaware (the “DGCL”) does hereby certify:

1.Pursuant to Section 242 of the DGCL, this Certificate of Amendment to Restated Certificate of Incorporation (this “Amendment”) amends the provisions of the Restated Certificate of Incorporation of the Corporation (the “Certificate”).

2.This amendment has been approved and duly adopted by the Corporation’s Board of Directors and stockholders in accordance with Section 242 of the DGCL.

3.The Certificate is hereby amended as follows:

Article SEVENTH is hereby amended and restated in its entirety to read as set forth below:

“SEVENTH: No director or Officer of the Corporation shall be personally liable to the Corporation or its stockholders for monetary damages for breach of fiduciary duty as a director or Officer, except for liability (a) for any breach of the director’s or Officer’s duty of loyalty to the Corporation or its stockholders, (b) for acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law, (c) of a director under Section 174 of the DGCL, (d) for any transaction from which the director or Officer derived an improper personal benefit or (e) of an Officer in any action by or in the right of the Corporation. If the DGCL is amended hereafter to authorize the further elimination or limitation of the liability of directors or Officers, then the liability of a director or Officer of the Corporation, as applicable, shall be eliminated or limited to the fullest extent authorized by the DGCL, as so amended. Solely for the purposes of this Article SEVENTH, “Officer” shall mean a person who, at the time of the act or omission as to which liability is asserted, falls within the meaning of the term “officer,” as defined in Section 102(b)(7) of the DGCL. No amendment to or repeal or elimination of this Article SEVENTH shall apply to or have any effect on the liability or alleged liability of any director or Officer of the Corporation for or with respect to any acts or omissions of such director or Officer occurring prior to such amendment, repeal or elimination.”

*_*_*_*_*_*

IN WITNESS WHEREOF, the undersigned authorized officer of the Corporation has executed this Certificate of Amendment to Restated Certificate of Incorporation as of May 8, 2025.

ALNYLAM PHARMACEUTICALS, INC.

/s/ Yvonne L. Greenstreet, M.D.

Name: Yvonne L. Greenstreet, M.D.

Title: Chief Executive Officer