Item 5.07 Submission of Matters to a Vote of Security Holders.
On
Proposal 1. A proposal to approve and adopt the Business Combination Agreement
and Plan of Reorganization, dated as of
Votes For Votes Against Votes Abstain 27,140,624 80,060 62,413
Proposal 2. A series of proposals to approve the following amendments to Apex's current amended and restated certificate of incorporation. A tabulation of the votes with respect to each subpart of this proposal, which were each approved by Apex's stockholders, follow the descriptions of each such subpart.
Proposal 2a. To change Apex's name to "
Votes For Votes Against Votes Abstain 27,060,671 160,659 61,767
Proposal 2b. To increase the number of authorized shares of common stock and "blank check" preferred stock.
Votes For Votes Against Votes Abstain 25,230,923 1,629,783 422,391
Proposal 2c. To require that stockholders only act at annual and special meetings of the corporation and not by written consent.
Votes For Votes Against Votes Abstain 25,647,734 1,316,001 319,362
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Proposal 2d. To eliminate the current limitations in place on the corporate opportunity doctrine.
Votes For Votes Against Votes Abstain 25,933,175 364,907 985,015
Proposal 2e. To increase the required vote thresholds for stockholders approving amendments to the certificate of incorporation and bylaws to 66 2/3%.
Votes For Votes Against Votes Abstain 25,770,771 713,747 798,579
Proposal 2f. To approve all other changes, including eliminating certain provisions related to special purpose acquisition corporations that will no longer be relevant following the consummation of the Business Combination.
Votes For Votes Against Votes Abstain 26,860,489 187,879 234,729
Proposal 3. A proposal to approve the
Votes For Votes Against Votes Abstain 26,490,990 586,054 206,053
Proposal 4. A proposal to approve the
Votes For Votes Against Votes Abstain 26,597,464 507,564 178,069
Proposal 5. A series of proposals to approve, for purposes of complying with
applicable listing rules of the
Proposal 5a. A proposal to issue Apex common stock to AvePoint's equityholders in connection with the mergers pursuant to the Business Combination Agreement.
Votes For Votes Against Votes Abstain 26,904,763 212,066 166,268
Proposal 5b. A proposal to issue Apex common stock to investors in the PIPE.
Votes For Votes Against Votes Abstain 26,524,633 424,227 334,237
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A vote regarding adjournment of the Special Meeting (Proposal 6) was deemed not necessary or appropriate because there were sufficient votes at the time of the Special Meeting to approve each of the foregoing matters.
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