Item 5.07 Submission of Matters to a Vote of Security Holders.
On
1. Business Combination Proposal. The stockholders approved the Business Combination Agreement, dated as ofApril 28, 2022 (as amended, the "Business Combination Agreement"), by and among the Company,Ignyte Korea, Co., Ltd. , a corporation organized under the laws of theRepublic of Korea , andPeak Bio Co., Ltd. , a corporation organized under the laws of theRepublic of Korea , and the other transactions contemplated thereby. The final voting tabulation for this proposal was as follows: Votes For Votes Against Abstentions Broker Non-Votes 4,371,993 1,312,326 30 0 2. Governance Documents Proposal: The stockholders approved the Company's proposed second amended and restated certificate of incorporation and the Company's proposed amended and restated bylaws, in connection with the Business Combination (as defined in the Business Combination Agreement). The final voting tabulation for this proposal was as follows: Votes For Votes Against Abstentions Broker Non-Votes 4,372,019 1,312,330 0 0 3. Nasdaq Proposal: The stockholders approved, for purposes of complying with applicable listing rules of theNasdaq Stock Market LLC ("Nasdaq"), the issuance of more than 20% of the Company's issued and outstanding common stock (i) pursuant to the terms of the Business Combination Agreement and (ii) in connection with the PIPE Financing (as defined in the Business Combination Agreement). The final voting tabulation for this proposal was as follows: Votes For Votes Against Abstentions Broker Non-Votes 4,371,989 1,312,360 0 0 4. Incentive Plan Proposal: The stockholders approved the Long-Term Incentive Plan (as defined in the Definitive Proxy Statement). The final voting tabulation for this proposal was as follows: Votes For Votes Against Abstentions Broker Non-Votes 4,368,953 1,315,396 0 0
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5. Director Election Proposal: The stockholders approved the proposal to elect up to seven directors to serve staggered terms on the board of directors of the Company (the "Board") until immediately following the 2023, 2024 and 2025 annual meetings of the Company's stockholders, as applicable, and until their respective successors are duly elected and qualified. The final voting tabulation for this proposal was as follows: Votes Broker Non- Nominee Votes For Against Abstentions Votes Hoyoung Huh 4,322,475 1,312,360 49,514 0 Stephen LaMond 4,322,475 1,312,360 49,514 0 Nevan Charles Elam 4,322,475 1,312,360 49,514 0 James Neal 4,322,475 1,312,360 49,514 0 David Rosenberg 4,322,475 1,312,360 49,514 0 Brad Stevens 4,322,475 1,312,360 49,514 0
6. Adjournment Proposal: Because there were sufficient votes to approve each of the above proposals, and it was not otherwise deemed necessary or appropriate to adjourn the Special Meeting to a later date, Proposal No. 6, a proposal to approve the adjournment of the Special Meeting to a later date or dates, if necessary, to permit further solicitation and vote of proxies in the event that there are insufficient shares represented to constitute a quorum necessary to conduct business at the Special Meeting or for the approval of one or more proposals at the Special Meeting, was not considered.
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