Item 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year. OnJanuary 10, 2020 , the board of directors ofBarnwell Industries, Inc. (the "Company") approved and adopted the Company's Amended and Restated By-Laws (the "Amended and Restated By-Laws"), which amended and restated the Company's existing By-Laws, by deleting Section 12.2 in its entirety, which contained provisions generally relating to shifting litigation costs in respect of claims against the Company. The foregoing summary is qualified in its entirety by reference to the Amended and Restated By-Laws, adopted as ofJanuary 10, 2020 , a copy of which is filed as Exhibit 3.1 hereto and incorporated by reference herein. Item 8.01 Other Events. OnJanuary 10, 2020 , the board of directors of the Company authorized, approved and established a Nominating Committee and approved the Nominating Committee Charter. The Nominating Committee will, among other things, to the extent permitted by law and the Amended and Restated By-Laws, (i) identify potential qualified nominees for director and recommend to the Board of Directors for nomination candidates for the Board of Directors, (ii) exercise such other powers and authority as are set forth in the Nominating Committee Charter and (iii) exercise such other powers and authority as shall from time to time be assigned thereto by resolution of the Board of Directors. The Nominating Committee will, with respect to the nomination of directors and in selecting nominees, (x) consider (among other things) a candidate's independence, character, judgment, age, skills, financial literacy, diversity and experience in the context of the needs of the Company and (y) consider director candidates recommended by stockholders in a similar manner as those recommended by the Nominating Committee. (d) Exhibits Exhibit No. Description 3.1 Amended and Restated By-Laws of the Company
--------------------------------------------------------------------------------
© Edgar Online, source