Item 5.07. Submission of Matters to a Vote of Security Holders.
We mailed a Proxy Statement on or about
The first matter was the election of the members of the Board of Directors. All of the nominees were elected and the tabulation of the votes (both in person and by proxy) was as follows:
Nominees for Directors For Withheld Hank Cohn 19,446,750 3,059,915 Joel Gold 16,902,362 5,606,299 Sam Klepfish 18,563,655 3,943,006 Justin Wiernasz 22,189,515 317,146 David Polinsky 18,446,750 3,896,816 James C. Pappas 22,251,296 255,365 Mark Schmulen 22,221,296 285,365 Jefferson Gramm 22,262,186 244,365
There were 5,016,796 broker held non-voted shares represented at the Meeting with respect to this matter.
The second matter upon which the stockholders voted was the proposal to approve and authorize our Board of Directors to implement a reverse split of our outstanding Common Stock, at its discretion, in a ratio ranging from 1:2 to 1:15, which matter was not approved. The tabulation of the votes (both in person and by proxy) was as follows:
For Against Abstentions 21,916,990 574,123 15,548
There were 5,016,796 broker held non-voted shares represented at the Meeting with respect to this matter.
The third matter upon which the stockholders voted was the proposal to ratify
the appointment by the Board of Directors of
For Against Abstentions 27,438,037 14,439 70,981
The fourth matter upon which the stockholders voted was an advisory vote to approve the compensation of our named executive officers, which matter was approved. The tabulation of the votes (both in person and by proxy) was as follows:
For Against Abstentions 19,239,445 3,249,547 17,669
There were 5,016,796 broker held non-voted shares represented at the Meeting with respect to this matter.
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