ITEM 5.07. Submission of Matters to a Vote of Security Holders.
On November 11, 2020, Apartment Investment and Management Company (the
"Company") received from Land & Buildings Investment Management, LLC, together
with its affiliates (collectively, "Land & Buildings"), written consents from
holders of outstanding shares of the Company's common stock as of the
November 4, 2020 record date for Land & Buildings' consent solicitation to call
a special meeting with respect to proposals to (i) approve a non-binding
resolution urging the board of directors to put any proposed separation or
spin-off involving the Company to a vote of the Company's stockholders at a duly
called meeting of stockholders and to refrain from proceeding with any such
separation or spin-off involving the Company unless approved by a vote of a
majority of the Company's stockholders and (ii) transact such other business as
may properly come before the special meeting.
Although the votes have not yet been certified, based on a preliminary report
provided by First Coast Results, Inc. (the "Inspector"), the independent
inspector of election, such written consents represent 64,371,450 shares of the
Company's common stock, which is approximately 43.24% of the shares entitled to
vote at a special meeting and would be in excess of the 25% of shares entitled
to vote necessary to call a special meeting under the Company's Amended and
Restated By-Laws. Additional written consents and revocations of consent were
delivered to the Company on November 16, 2020 and are not reflected in the
Inspector's preliminary report. The Company will amend this Current Report to
disclose the results of Land & Buildings' consent solicitation once the final
results have been certified by the Inspector.
ITEM 9.01. Financial Statements and Exhibits.
(d) The following exhibits are furnished with this report:
Exhibit
No. Description
104 Cover Page Interactive Data File (embedded within the Inline XBRL
document).
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