Item 5.07 Submission of Matters to a Vote of Security Holders
On
Proposal 1 - Election of Directors
By the votes reflected below, our shareholders elected the following individuals to serve as directors to serve for the respective terms prescribed by the Company's bylaws: Nominee Votes For Votes Withheld Broker Non-Votes Thomas B. Pickens III 20,226,565 3,572,995 10,883,368 Daniel T. Russler, Jr. 12,608,314 11,191,246 10,883,368 Tom Wilkinson 14,349,314 9,450,246 10,883,368 Jim Becker 14,769,284 9,030,276 10,883,368
Proposal 2 - Ratification of Selection of Independent Registered Public Accounting Firm
By the votes reflected below, our shareholders ratified the appointment of
Votes For Votes Against Abstentions 33,205,745 1,060,306 416,877
Proposal 3 - Approval of Reverse Stock Split
By the votes reflected below, our shareholders approved (a) authorization to our
Board of Directors (the "Board") to effect, in its discretion prior to
Votes For Votes Against Abstentions 28,731,741 5,890,789 60,398
Proposal 4 - Adjournment to Solicit Additional Proxies
By the votes reflected below, our shareholders approved an adjournment of the Meeting to a later date or dates, if necessary or appropriate, to solicit additional proxies if there are insufficient votes at the time of the Meeting to approve Proposal Three; however, an adjournment of the Meeting to a later date is not necessary in light of the approval of Proposal Three.
Votes For Votes Against Abstentions 30,819,901 3,795,037 67,990
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