Item 5.07. Submission of Matters to a Vote of Security Holders.
On
Proposal No. 1: The Stockholders approved and adopted Agreement and Plan of
Merger, dated as of
For Against Abstain Broker Non-Votes 11,622,247 202,765 0 N/A
Proposal No. 2: The Stockholders approved amendments to the Company's Amended and Restated Certificate of Incorporation, which are reflected in the proposed Second Amended and Restated Certificate of Incorporation of Big Cypress (the "Proposed Charter") (which, if approved, would take effect upon consummation of the Business Combination) the full text of which is attached to the Proxy Statement as Annex C. The voting results for this proposal were as follows:
For Against Abstain Broker Non-Votes 11,420,247 202,765 202,000 N/A
Proposal No. 3: The Stockholders approved a proposal to approve, for purposes of complying with the applicable provisions of Nasdaq Rules 5635(a), (b) and (d), the issuance of more than 20% of the issued and outstanding shares of the Company's common stock in connection with the transactions contemplated by the Business Combination Agreement, and the potential change of control in connection with the Business Combination. The voting results for this proposal were as follows:
For Against Abstain Broker Non-Votes 11,420,247 202,765 202,000 N/A
Proposal No. 4: The Stockholders approved a proposal to approve and adopt the 2021 Incentive Plan, including the authorization of the initial share reserve thereunder. The voting results for this proposal were as follows:
For Against Abstain Broker Non-Votes 11,237,288 385,724 202,000 N/A
Proposal No. 5: The Stockholders approved a proposal to approve and adopt the Employee Stock Purchase Plan, including the authorization of the initial share reserve thereunder. The voting results for this proposal were as follows:
For Against Abstain Broker Non-Votes 11,417,230 204,767 203,015 N/A
Proposal No. 6: The Stockholders approved the election of the seven directors named in the Proxy Statement to serve, effective upon the closing of the Business Combination, staggered terms on the Board until the 2021, 2022 and 2023 annual meetings of stockholders, respectively, and until their respective successors are duly elected and qualified.
The voting results with respect to the election ofSamuel J. Reich were as follows: For Withhold Broker Non-Votes 11,619,707 205,305 N/A The voting results with respect to the election ofJeffrey G. Spragens were as follows: For Withhold Broker Non-Votes 11,620,232 204,780 N/A The voting results with respect to the election ofChristine Hamilton , MBA were as follows: For Withhold Broker Non-Votes 11,620,730 204,282 N/A The voting results with respect to the election ofWilliam Polvino , MD were as follows: For Withhold Broker Non-Votes 11,620,232 204,780 N/A The voting results with respect to the election ofMervyn Turner , PhD were as follows: For Withhold Broker Non-Votes 11,620,232 204,780 N/A The voting results with respect to the election ofDavid Link , MBA were as follows: For Withhold Broker Non-Votes 11,620,232 204,780 N/A The voting results with respect to the election ofEddie J. Sullivan , PhD were as follows: For Withhold Broker Non-Votes 11,620,207 204,805 N/A
Proposal No. 7: The Stockholders approved a proposal to adjourn the Special Meeting to a later date or dates, if necessary, to permit further solicitation and vote of proxies if, based upon the tabulated vote at the time of the Special Meeting, there are not sufficient votes to approve the Business Combination Proposal, the Charter Amendment Proposal, the Nasdaq Proposal, the Incentive Plan Proposal, the Employee Stock Purchase Plan Proposal or the Director Election Proposal. The voting results for this proposal were as follows:
For Against Abstain Broker Non-Votes 10,984,899 840,113 0 N/A
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