STOCK TITAN

Babcock & Wilcox (NYSE: BW) investors OK larger equity plan but keep supermajority rules

Filing Impact
(Moderate)
Filing Sentiment
(Neutral)
Form Type
8-K

Rhea-AI Filing Summary

Babcock & Wilcox Enterprises, Inc. reported results of its May 20, 2026 annual meeting and an increase to its long-term incentive equity pool. Stockholders approved an amendment to the 2021 Long-Term Incentive Plan, raising the shares authorized for awards from 5,250,000 to 10,250,000.

Proposals to declassify the Board and to remove 80% supermajority voting requirements received majority support but did not meet the 80% voting-power threshold, so they were not approved. Stockholders elected two Class II directors, ratified BDO USA, P.C. as auditor for 2026, approved executive compensation on an advisory basis, and approved the incentive plan amendment.

Positive

  • None.

Negative

  • None.
Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers Governance
Key personnel changes including departures, elections, or appointments of directors and executive officers.
Item 5.07 Submission of Matters to a Vote of Security Holders Governance
Results of a shareholder vote on proposals at an annual or special meeting.
Item 9.01 Financial Statements and Exhibits Exhibits
Financial statements, pro forma financial information, and exhibit attachments filed with this report.
Shares authorized under 2021 Plan 10,250,000 shares Total shares authorized for awards after Plan Amendment
Prior 2021 Plan authorization 5,250,000 shares Shares previously authorized for awards before amendment
Shares present at meeting 103,107,472 shares Common stock present, representing 75.95% voting power
Voting power represented 75.95% Combined voting power of common stock at annual meeting
Proposal 1 votes for 85,687,295 votes Declassification of Board proposal support
Auditor ratification votes for 102,233,839 votes Ratification of BDO USA, P.C. for 2026
Say-on-pay votes for 77,165,838 votes Advisory approval of executive compensation
Plan Amendment votes for 75,348,044 votes Approval of increased share pool under 2021 Plan
Long-Term Incentive Plan financial
"The Plan Amendment increased the total number of shares of the Company’s common stock authorized for award grants under the 2021 Long-Term Incentive Plan"
A long-term incentive plan is a company program that pays executives or employees with stock, options, or cash tied to multi-year performance goals, where the rewards become theirs only after meeting conditions over time. Think of it as a delayed bonus or retirement-style reward that aligns employees’ interests with shareholders by encouraging them to boost long-term value; investors watch these plans because they affect pay costs, share dilution and management incentives.
declassify the Board of Directors regulatory
"amendments to the Company’s Restated Certificate of Incorporation to declassify the Board of Directors of the Company and provide for annual elections"
supermajority voting regulatory
"remove provisions that require the affirmative vote of holders of at least 80% of the voting power to approve certain amendments"
non-binding advisory basis financial
"The stockholders approved, on a non-binding advisory basis, the compensation of the Company’s named executive officers"
A non-binding advisory basis is guidance or a recommendation offered for informational purposes that does not create legal obligations or guarantees; recipients can accept, modify, or ignore it without contractual consequences. Investors should treat it like a weather forecast for planning—useful for forming expectations and assessing risk, but not a firm promise—so they should verify assumptions, seek confirming information, and avoid relying on it as the sole basis for investment decisions.
independent registered public accounting firm financial
"the ratification of the appointment of BDO USA, P.C. as the Company’s independent registered public accounting firm"
An independent registered public accounting firm is an outside accounting company officially registered with the government regulator to examine and report on a public company's financial records and controls. Investors treat its reports like an impartial inspector’s certificate — they add credibility to financial statements, help spot errors or misleading claims, and reduce the risk that shareholders are relying on unchecked or biased numbers.
broker non-votes financial
"The voting results were as follows Votes For ... Abstain ... Broker Non-Votes"
Broker non-votes occur when a brokerage firm is unable to vote on a shareholder’s behalf during a company election or decision because the shareholder has not given specific voting instructions, and the broker is not allowed or chooses not to vote on certain matters. They are important because they can affect the outcome of votes, especially when the results are close, by effectively reducing the total number of votes cast.
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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 20, 2026

 

BABCOCK & WILCOX ENTERPRISES, INC.
(Exact name of registrant as specified in its charter)

 

Delaware   001-36876   47-2783641
(State or other jurisdiction of incorporation)   (Commission File Number)   (IRS Employer Identification No.)

 

1200 East Market Street
Suite 650

Akron
, Ohio
  44305
(Address of Principal Executive Offices)   (Zip Code)

 

Registrant’s Telephone Number, including Area Code: (330) 753-4511

 

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:

 

¨ 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
  Name of Each Exchange on which
Registered
Common stock, $0.01 par value per share   BW   New York Stock Exchange
7.75% Series A Cumulative Perpetual Preferred Stock   BW PRA   New York Stock Exchange
6.50% Senior Notes due 2026   BWNB   New York Stock Exchange

 

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (17 CFR §230.405) or Rule 12b-2 of the Securities Exchange Act of 1934 (17 CFR §240.12b-2).

 

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 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

 

On May 20, 2026, at the 2026 annual meeting of stockholders (the “Annual Meeting”) of Babcock & Wilcox Enterprises, Inc. (the “Company”), the stockholders of the Company, upon the recommendation of the Company’s Board of Directors (the “Board”), approved an amendment (the “Plan Amendment”) to the Babcock & Wilcox Enterprises, Inc. 2021 Long-Term Incentive Plan (as amended by the Plan Amendment, the “2021 Plan”) as disclosed below in Item 5.07 of this Form 8-K. The Plan Amendment became effective upon such stockholder approval.

 

The following summary of the Plan Amendment is qualified in its entirety by reference to the text of the amended 2021 Plan, which is filed as Exhibit 10.1 hereto and incorporated herein by reference.

 

The Plan Amendment increased the total number of shares of the Company’s common stock authorized for award grants under the 2021 Plan from 5,250,000 to 10,250,000 shares. In addition to the 10,250,000 shares available for award grant purposes under the 2021 Plan as described above, any shares of Company common stock underlying any outstanding award granted under the Company’s prior Amended and Restated 2015 Long-Term Incentive Plan that, following May 20, 2021, expires, or is terminated, surrendered, or forfeited for any reason without issuance of such shares shall also be available for the grant of new awards under the 2021 Plan.

 

Item 5.07 Submission of Matters to a Vote of Security Holders

 

At the Annual Meeting on May 20, 2026, the stockholders of the Company voted on seven proposals, each of which is described in more detail in the Company’s definitive proxy statement (the “Proxy Statement”) filed with the Securities and Exchange Commission on April 13, 2026. There were 103,107,472 shares of common stock present at the Annual Meeting in person or by proxy, which represented 75.95% of the combined voting power of the Company’s common stock entitled to vote at the Annual Meeting, and which constituted a quorum for the transaction of business. Holders of the Company’s common stock were entitled to one vote on each matter to be acted on at the Annual Meeting for each share held as of the close of business on March 23, 2026. The voting results for each of the seven proposals are detailed below.

 

Proposal 1:

 

The approval of amendments to the Company’s Restated Certificate of Incorporation (the “Certificate of Incorporation”) to declassify the Board of Directors of the Company (the “Board”) and provide for annual elections of all directors beginning at the 2028 annual meeting of stockholders did not receive the required affirmative vote of at least 80% of the voting power of all then outstanding shares of capital stock entitled to vote generally in the election of directors for approval. The voting results were as follows:

 

Votes For   Votes Against   Abstain   Broker Non-Votes 
 85,687,295    410,247    736,626    16,273,304 

 

Proposal 2:

 

The election of Alan B. Howe and Rebecca L. Stahl to serve as Class I directors of the Company to serve until the Company’s 2028 annual meeting of stockholders was contingent upon the approval of Proposal 1 to declassify the Board. Since Proposal 1 was not approved at the Annual Meeting, Proposal 2 was deemed null and void.

 

 

 

 

Proposal 3:

 

As Proposal 1 was not approved, the stockholders elected Alan B. Howe and Rebecca L. Stahl to serve as Class II directors of the Company, each to serve a term of three years expiring at the Company’s 2029 annual meeting of stockholders. The voting results were as follows:

 

Name  Votes For   Votes
Withheld
   Broker Non-Votes 
Alan B. Howe   71,226,304    15,607,864    16,273,304 
Rebecca L. Stahl   66,181,498    20,652,670    16,273,304 

 

Proposal 4:

 

The approval of amendments to the Certificate of Incorporation to remove provisions that require the affirmative vote of holders of at least 80% of the voting power to approve certain amendments to the Certificate of Incorporation and the Company’s Amended and Restated Bylaws did not receive the required affirmative vote of at least 80% of the voting power of all then outstanding shares of capital stock entitled to vote generally in the election of directors for approval. The voting results were as follows:

 

Votes For   Votes Against   Abstain   Broker Non-Votes 
 84,984,584    1,052,507    797,077    16,273,304 

 

Proposal 5:

 

The stockholders approved the ratification of the appointment of BDO USA, P.C. as the Company’s independent registered public accounting firm for the year ending December 31, 2026. The voting results were as follows:

 

Votes For   Votes Against   Abstain 
 102,233,839    63,515    810,118 

 

Proposal 6:

 

The stockholders approved, on a non-binding advisory basis, the compensation of the Company’s named executive officers as disclosed in the Proxy Statement. The voting results were as follows:

 

Votes For   Votes Against   Abstain   Broker Non-Votes 
 77,165,838    8,632,853    1,053,477    16,273,304 

  

 Proposal 7:

 

The stockholders approved the Plan Amendment, as described above. The voting results were as follows:

 

Votes For   Votes Against   Abstain   Broker Non-Votes 
 75,348,044    9,838,530    1,647,594    16,273,304 

 

  Item 9.01. Financial Statements and Exhibits

 

(d) Exhibits.

 

Exhibit No.   Description
10.1   Babcock & Wilcox Enterprises, Inc. 2021 Long-Term Incentive Plan dated March 12, 2026.
104   Cover Page Interactive Data File (embedded within the Inline XBRL document)

 

 

 

 

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 thereunto duly authorized.

 

  BABCOCK & WILCOX ENTERPRISES, INC.
   
May 22, 2026 By:  /s/ Cameron Frymyer
    Cameron Frymyer
    Executive Vice President and Chief Financial Officer
(Principal Accounting Officer and Duly Authorized Representative)

 

 

FAQ

What governance changes did Babcock & Wilcox (BW) stockholders consider at the 2026 annual meeting?

Stockholders voted on amendments to declassify the Board and remove 80% supermajority requirements. Both proposals received majority support but failed to reach the required 80% voting power threshold, so the existing classified Board and supermajority provisions remain in place.

How did Babcock & Wilcox (BW) change its 2021 Long-Term Incentive Plan?

Stockholders approved an amendment increasing shares authorized for awards under the 2021 Long-Term Incentive Plan from 5,250,000 to 10,250,000. In addition, shares underlying expired, terminated, surrendered, or forfeited awards from the prior 2015 plan may be reused for new grants under the 2021 Plan.

Were Babcock & Wilcox (BW) director elections approved at the 2026 annual meeting?

Yes. After the declassification proposal was not approved, stockholders elected Alan B. Howe and Rebecca L. Stahl as Class II directors for three-year terms expiring at the 2029 annual meeting. Voting results showed substantial support, with significant broker non-votes also recorded for each director.

Did Babcock & Wilcox (BW) stockholders approve executive compensation in 2026?

Stockholders approved, on a non-binding advisory basis, the compensation of named executive officers as described in the proxy statement. The say-on-pay proposal received 77,165,838 votes for, 8,632,853 against, and 1,053,477 abstentions, with 16,273,304 broker non-votes reported on the item.

Who will serve as Babcock & Wilcox (BW) independent auditor for 2026?

Stockholders ratified the appointment of BDO USA, P.C. as independent registered public accounting firm for the year ending December 31, 2026. Voting results were 102,233,839 votes for, 63,515 against, and 810,118 abstentions, indicating strong stockholder support for retaining the audit firm.

What was the quorum and voting power at Babcock & Wilcox (BW)’s 2026 annual meeting?

There were 103,107,472 shares of common stock present in person or by proxy, representing 75.95% of the combined voting power entitled to vote. Each share of common stock was entitled to one vote for matters presented as of the March 23, 2026 record date.

Filing Exhibits & Attachments

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