Item 5.07 Submission of Matters to a Vote of Security Holders.
These results are preliminary estimates only and are subject to change based on the certification of the voting results by the Inspector of Election for the special meeting. The Company will file an amendment to this Current Report on Form 8-K to disclose the final, certified voting results after receiving such results from the Inspector of Election.
1. The adoption of the Agreement and Plan of Merger and Plan of Reorganization, dated as ofJune 21, 2020 , by and among the Company,Apollo Merger Sub A Inc. ,Apollo Merger Sub B LLC , ArcherDX, Inc. ("ArcherDX") andKyle Lefkoff , solely in his capacity as holders' representative, and the approval of the merger contemplated thereby (the "Merger"), were approved. For Against Abstain 89,216,818 68,764 124,507 2. The issuance of up to an aggregate of approximately 16.3 million shares of the Company's common stock in a private placement to accredited investors, and the issuance of warrants to purchase 1.0 million shares of the Company's common stock in connection with a new senior secured term loan facility, were approved. For Against Abstain 89,084,567 175,423 150,099 3. The adjournment of the special meeting to a later date or dates, if necessary or appropriate, to solicit additional proxies in the event there are not sufficient votes at the time of the special meeting to approve Proposal 1, was approved. For Against Abstain 84,748,867 4,496,663 164,559
Sufficient votes were received to approve Proposal 3, but such an adjournment was not necessary in light of the approval of Proposal 1.
Item 8.01 Other Events.
The Company currently expects to close the Merger with ArcherDX on
Forward-Looking Statements
Certain statements contained in this Current Report on Form 8-K, other than purely historical information, are "forward-looking statements." Forward-looking statements include, but are not limited to, the timing and expected completion of the Merger. Forward-looking statements are based on management's current expectations and involve risks and uncertainties. Actual results and performance could differ materially from those projected in the forward-looking statements as a result of many factors, including, without limitation, risks and uncertainties associated with the ability to consummate the Merger. Therefore, you should not rely on any of these forward-looking statements. There can be no assurance that the Merger will in fact be completed in the manner described or at all. Forward-looking statements speak as of the date hereof, and the Company disclaims any obligation to update these forward-looking statements.
--------------------------------------------------------------------------------
© Edgar Online, source