Item 5.07 Submission of Matters to a Vote of Security Holders
At the Special Meeting of Shareholders for
Proposal 1 Reverse Stock Split Proposal. To approve an amendment to our Certificate of Formation to effect a reverse stock split of our outstanding Common Stock at a reverse stock split ratio ranging from any whole number between 10-for-1 and 40-for-1, subject to and as determined by the Board of Directors.
[61,904,195] FOR [18,604,429] AGAINST [126,663] ABSTAIN.
Proposal 2 Issuance Proposal. To approve the issuance of shares of our Common Stock and/or securities convertible into or exercisable for our Common Stock equal to 20% or more of our Common Stock outstanding before the issuance in one or more non-public transactions as required by and in accordance with Nasdaq Marketplace Listing Rule 5635(d) and Nasdaq Marketplace Listing Rule 5635(b).
[38,574,910] FOR [14,723,718] AGAINST [489,593] ABSTAIN.
Proposal 3
Ratification of Auditors Proposal. To ratify the appointment of
[75,626,945] FOR [3,643,615] AGAINST [1,364,727] ABSTAIN.
Proposal 4 Adjournment Proposal. To consider and vote on a proposal to adjourn or postpone the Virtual Special Meeting, if necessary, to solicit additional proxies to approve Proposals 1 and 2.
[66,061,899] FOR [12,569,201] AGAINST [2,004,187] ABSTAIN.
Proposal 5, to transact such other business as may properly come before the Virtual Special Meeting or any adjournments or postponements thereof. No other business came before the meeting.
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