Bylaw Amendment

Securities and Exchange Commission with respect to the nomination of directors for election, including a requirement for a stockholder submitting a nomination notice to make a representation as to whether such stockholder intends to solicit proxies in support of director nominees other than the Company’s nominees in accordance with Rule 14a-19 under the Securities Exchange Act of 1934, as amended, and to provide reasonable evidence that certain requirements of such rule have been satisfied; and (ii) make certain other administrative, modernizing, clarifying and conforming changes.   The foregoing is qualified in its entirety by reference to the text of the A&R Bylaws, a copy of which is filed as Exhibit 3.1 to this Current Report on Form 8-K and incorporated herein by reference. In addition, a marked copy of the A&R Bylaws showing all changes made to the prior bylaws is filed as Exhibit 3.2 to this Current Report on Form 8-K.   Item 9.01 Financial Statements and Exhibits   (d) Exhibits   Exhibit No.   Description 3.1   Seventh Amended and Restated Bylaws of Veeco Instruments Inc., effective January 9, 2023 3.2   Marked copy of Seventh Amended and Restated Bylaws of Veeco Instruments Inc., effective January 9, 2023 104   Cover Page Interactive Data File (embedded within the Inline XBRL document)     2       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.   January 9, 2023 VEECO INSTRUMENTS INC.       By: /s/ Kirk Mackey   Name: Kirk Mackey   Title: Vice President, General Counsel     3