Item 5.07 Submission of Matters to a Vote of Security Holders.
On
Proposal Two
Proposal two was to approve an amendment to the Company's Amended and Restated Certificate of Incorporation, as amended, to effect a reverse stock split of the Company's common stock at a ratio of 1-for-7 (the "Reverse Stock Split"). This proposal was not approved. The affirmative vote of holders of a majority of the Company's issued and outstanding shares of common stock was necessary for this proposal to be approved, not just a majority of the votes cast at the Annual Meeting.
For Against Abstained Broker Non-Votes 57,161,763 40,957,349 513,508
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Proposal Three
Proposal three was to approve an amendment to the Company's Amended and Restated Certificate of Incorporation, as amended, to decrease, concurrent with and conditioned upon the implementation of the Reverse Stock Split, the number of authorized shares of the Company's common stock from 200,000,000 to 57,142,000 shares. This proposal was not approved. The affirmative vote of holders of a majority of the Company's issued and outstanding shares of common stock was necessary for this proposal to be approved, not just a majority of the votes cast at the Annual Meeting.
For Against Abstained Broker Non-Votes 57,303,046 40,405,383 924,191 - Proposal Four
Proposal four was to approve an amendment and restatement of the
For Against Abstained Broker Non-Votes 33,093,028 30,791,069 432,234 34,316,289 - 2 -
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