Item 5.07. Submission of Matters to a Vote of Security Holders.
On the record date for the Annual Meeting, there were 29,720,134 shares of
Company common stock,
Proposal 1 - The five nominees named in the Definitive Proxy Statement were elected to serve as directors for a one-year term expiring at the Company's 2020 Annual Meeting of Shareholders. The voting results with respect to each nominee were as follows:
Director For Withheld Broker Non-Votes Vincent S. Miceli 11,034,121 1,056,662 12,090,783 Major General David R. Gust, USA, Ret. 10,399,056 1,691,727 12,090,783 Michael J. D'Almada-Remedios, PhD 10,782,743 1,308,040 12,090,783 Daniel P. Sharkey 10,399,428 1,751,355 12,090,783 Robert A. Curtis Pharm.D. 10,602,271 1,488,512 12,090,783 Michael J. Orlando 9,218,729 2,872,054 12,090,783
Proposal 2 - The appointment of
For Against Abstain 20,343,412 1,344,766 397,018
There were no broker non-votes for Proposal 2.
Proposal 3 - Authorization for the Board of Directors of the Company (the
"Board") to amend the Company's Certificate of Incorporation, as amended, to
effect a reverse stock split of all of the Company's outstanding shares of
Common Stock by a ratio in the range of one-for-three to one-for-fifteen, at any
time before
For Against Abstain 15,068,773 6,705,329 524,373
There were 177,486 broker non-votes for Proposal 3.
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Proposal 4 - Ratification of the Company's 2017 Stock Incentive Plan. The Stockholders did not approve Proposal 4. The voting results are as follows:
For Against Abstain
10,772,160 2,577,844 782,147
There were 8,343,810 broker non-votes for Proposal 4.
Proposal 5 - Ratification of the approval of the issuance of Common Stock upon conversion of the Exchange Notes (as defined in the Proxy Statement) and exercise of the Exchange Warrants (as defined in the Proxy Statement) in an amount equal to 20% or more of the Company's outstanding Common Stock before such issuance. The Stockholders did not approve Proposal 5. The voting results were as follows:
For Against Abstain 11,267,478 2,145,034 719,639
There were 8,343,810 broker non-votes for Proposal 5.
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