Item 5.07. Submission of Matters to a Vote of Security Holders.
There were 13,454,888 shares of the Company's common stock entitled to vote at the special meeting and a total of 11,515,643 shares (approximately 85.6% of the outstanding common stock) of the Company's common stock were represented at the meeting in person or by proxy.
1) To approve and adopt the Agreement and Plan of Merger (as it may be amended
from time to time, the "merger agreement"), dated as ofMarch 20, 2022 , by and among Berkshire,O&M Acquisition Corp. , aDelaware corporation and wholly owned subsidiary of Berkshire ("Merger Sub"), and the Company, and the merger of Merger Sub with and into the Company (the "merger"). For Against Abstain 11,363,594 117,345 34,704
2) To approve on an advisory (non-binding) basis, the compensation that may
become payable to the Company's named executive officers in connection with the merger. For Against Abstain 4,569,626 6,613,380 332,637
3) To approve the adjournment of the special 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 special meeting to approve the proposal to approve and adopt the merger agreement and the merger.
The adjournment proposal was rendered moot in light of the approval of Proposal 1.
Item 8.01. Other Items.
On
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits. Exhibit Number Description 99.1 Press Release datedJune 9, 2022 104 Cover Page Interactive Data File (the cover page XBRL tags are embedded within the Inline XBRL document) -2-
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