FlexShopper, Inc. (NASDAQ:FPAY) Files An 8-K Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain OfficersItem 5.02. Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.
On April 26, 2018, the stockholders of FlexShopper, Inc. (the “Company”) approved the Company’s 2018 Omnibus Equity Compensation Plan (the “2018 Omnibus Plan”) at the Company’s 2018 Annual Meeting of Stockholders (the “Annual Meeting”). The 2018 Omnibus Plan was previously approved by the Company’s board of directors (the “Board”), subject to stockholder approval.
The 2018 Omnibus Plan will be administered by the Board or the Compensation Committee of the Board and generally provides for the granting to the Company’s and its affiliates’ officers, employees, nonemployee directors, consultants and advisors of stock options, stock appreciation rights, restricted stock, restricted stock units (“RSUs”), other stock-based awards and performance awards. A description of the terms and conditions of the 2018 Omnibus Plan is set forth in the Company’s Proxy Statement for the Annual Meeting, as filed with the Securities and Exchange Commission (the “SEC”) on March 13, 2018 (the “Proxy Statement”), under the heading “Proposal 3−Approval of the FlexShopper, Inc. 2018 Omnibus Equity Compensation Plan,” which such description is incorporated herein by reference.
The description of the 2018 Omnibus Plan is qualified in its entirety by reference to the text of the 2018 Omnibus Plan, which is filed as Exhibit 10.1 hereto and incorporated herein by reference.
Item 5.07. Submission of Matters to a Vote of Security Holders.
The certified results of the matters voted upon at the Annual Meeting, which are more fully described in the Proxy Statement, are as follows:
Proposal 1 – Election of six directors nominated by the Board to serve until the next annual meeting of stockholders and the election of their successors:
For | Withheld | Broker Non-Votes | |
James D. Allen | 4,855,275 | 253,998 | 414,350 |
Daniel Ballen | 5,049,689 | 59,584 | 414,350 |
Brad Bernstein | 5,048,154 | 61,119 | 414,350 |
T. Scott King | 4,855,275 | 253,998 | 414,350 |
Carl Pradelli | 4,784,820 | 324,453 | 414,350 |
Katherine Verner | 5,070,144 | 39,129 | 414,350 |
Proposal 2 – Approval, on an advisory basis, of the compensation paid to the Company’s named executive officers in the year ended December 31, 2017:
For | Against | Abstain | Broker Non-Votes |
4,636,231 | 463,772 | 9,270 | 414,350 |
Proposal 3 – Approval of the FlexShopper, Inc. 2018 Omnibus Equity Compensation Plan:
For | Against | Abstain | Broker Non-Votes |
4,617,563 | 477,440 | 14,270 | 414,350 |
Proposal 4 – Ratification of the appointment of EisnerAmper LLP by the Audit Committee of the Board as the Company’s independent registered public accounting firm for 2018:
For | Against | Abstain |
5,378,693 | 27,683 | 117,247 |
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits.
Exhibit No. | Description |
10.1 | 2018 Omnibus Equity Compensation Plan. |
FlexShopper, Inc. ExhibitEX-10.1 2 f8k042618ex10-1_flexshopper.htm 2018 OMNIBUS EQUITY COMPENSATION PLAN Exhibit 10.1 flexshopper,…To view the full exhibit click here
About FlexShopper, Inc. (NASDAQ:FPAY)
FlexShopper, Inc. is a holding company. The Company, through FlexShopper, LLC (FlexShopper), is engaged in the business of providing certain types of durable goods to consumers on a lease-to-own basis and providing lease-to-own (LTO) terms to consumers of third-party retailers and e-tailers. FlexShopper and its online LTO products provide consumers the ability to acquire durable goods, including electronics, computers and furniture on a payment, lease basis. Concurrently, FlexShopper’s model provides e-tailers and retailers an opportunity to upturn their sales by utilizing FlexShopper’s online channels to connect with consumers that want to acquire products on an LTO basis. FlexShopper processes LTO transactions using its LTO Engine. The LTO Engine is FlexShopper’s technology that automates the process of consumers receiving spending limits and entering into leases for durable goods within a few minutes. FlexShopper owns two subsidiaries: FlexShopper 1, LLC and FlexShopper 2, LLC.