Item 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal
Year.
On October 16, 2020, in connection with the Meeting (defined below), AMCI
Acquisition Corp., a Delaware corporation (the "Company"), filed with the
Secretary of State of the State of Delaware an amendment to the Company's
Amended and Restated Certificate of Incorporation, as amended (the "Charter"), a
copy of which is attached as Exhibit 3.1 hereto and is incorporated by reference
herein.
Item 5.07. Submission of Matters to a Vote of Security Holders.
On October 16, 2020, the Company held a special meeting of stockholders (the
"Meeting"). At the Meeting, the Company's stockholders approved an amendment to
the Company's Amended and Restated Certificate of Incorporation, as amended (the
"Charter Amendment"), extending the date by which the Company must consummate
its initial business combination from October 20, 2020 to February 22, 2021, or
such earlier date as determined by the Board of Directors of the Company (the
"Extension Amendment Proposal").
The final voting results for the Extension Amendment Proposal were as follows:
For Against Abstain Broker Non-Votes
17,336,123 0 46,916 0
Stockholders holding 5,864,053 shares of the Company's Class A common stock
exercised their right to redeem such shares for a pro rata portion of the funds
in the Company's trust account ("Trust Account"). As a result, approximately
$60.4 million will be removed from the Trust Account to pay such holders.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits
Exhibit
Number Description
3.1 Second Amendment to Amended and Restated Certificate of Incorporation
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