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) June 24, 2004 (June 23, 2004) HEMISPHERX BIOPHARMA, INC. (Exact name of registrant as specified in its charter) Delaware 0-27072 52-0845822 (state or other juris- (Commission (I.R.S. Employer diction of incorporation) File Number) (Identification No.) 1617 JFK Boulevard, Philadelphia, Pennsylvania 19103 (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (215) 988-0080 ----------------------------------------------------------- (Former name or former address, if changed since last report) ITEM 5. OTHER EVENTS AND REGULATION FD DISCLOSURE At the Company's Annual Meeting of Stockholders on June 23, 2004, stockholders approved the following: Total shares voted: 25,978,921 out of 42,363,928 eligible to vote. Election of Directors: For Withheld William A. Carter, M.D. 25,275,037 703,884 Richard C. Piani, Esq. 25,504,979 473,942 Ransom W. Etheridge, Esq. 25,513,939 464,982 William M. Mitchell. Ph.D., M.D. 25,513,547 465,374 Iraj-Eqhbal Kiani, Ph.D. 25,513,547 465,374 Antoni Esteve, Ph.D. 25,517,307 461,614 Ratification of the selection of BDO Seidman, LLP, as independent auditors of the Company for the year ending December 31, 2004. For: 25,911,270 Against: 60,449 Abstain: 7,202 Approval of the issuance of 13,686,841 shares of common stock issuable upon exercise of certain warrants and upon conversion of certain outstanding debentures and debentures issuable upon exercise of certain rights to comply with AMEX Company Guide Section 713. For: 6,493,369* Against: 415,280 Abstain: 18,681 Broker nonvotes: 18,938,489 * Excludes shares owned by the holders of the warrants, debentures and rights described in the proposal. Approval of the Hemispherx 2004 Equity Incentive Plan. For: 6,512,751 Against: 507,991 Abstain: 19,690 Broker nonvotes: 18,938,489 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 hereunto duly authorized. HEMISPHERX BIOPHARMA, INC. June 24, 2004 By: /s/ William A. Carter ------------------------------------ William A. Carter, M.D., President