MYnd Analytics, Inc. (OTCMKTS:MYAN) Files An 8-K Submission of Matters to a Vote of Security HoldersItem 5.07 Submission of Matters to a Vote of Security Holders.
Mynd Analytics, Inc. (the “Company”) held a Special Meeting of Stockholders on November 26, 2018 (the “Special Meeting”). As of the October 19, 2018 record date, there were 7,551,254 shares of common stock and 550,000 shares of Series A preferred stock outstanding and entitled to notice of and to vote at the Special Meeting. At the Special Meeting, 5,250,105 shares, or approximately 64.80% of shares entitled to vote, were present on-line or represented by proxy at the Special Meeting, which constituted a quorum.
Having received the affirmative vote of a majority of the votes cast at the Special Meeting, all of the proposals voted on at the Special Meeting were passed, with the final voting tabulation for each proposal given below:
| Proposal No.1 |
For |
Against |
Abstain |
|
Approval of the issuance of shares of Company common stock to Aspire Capital Fund, LLC to the terms of the Common Stock Purchase Agreement, dated May 15, 2018, in accordance with the shareholder approval requirements of NASDAQ Listing Rule 5635(d), as provided in Proposal No. 1 of the definitive Proxy Statement of the Company dated November 2, 2018 (the “Proxy Statement”) |
4,934,035 | 254,868 | 61,202 |
| Proposal No.2 |
For |
Against |
Abstain |
|
Approval of the amendment of the Company’s 2012 Omnibus Incentive Compensation Plan (the “2012 Plan”) to eliminate the annual individual award limits under the 2012 Plan, as provided in Proposal No. 2 of the Proxy Statement |
4,793,020 | 395,964 | 61,121 |
| Proposal No.3 |
For |
Against |
Abstain |
|
Approval of the amendment of the 2012 Plan to increase: (i) the total number of shares of common stock available for grant under the 2012 Plan (subject to the overall limits described in clause (ii) below) to an aggregate of 2,250,000 shares and (ii) the aggregate limitation on authorized shares available for grant under the 2012 Plan, following any increases to the evergreen provision, to 2,950,000 shares, as provided in Proposal No. 3 of the Proxy Statement |
4,632,083 | 506,108 | 111,914 |
| Proposal No.4 |
For |
Against |
Abstain |
|
Approval of adjournment of the Special Meeting, if necessary, to solicit additional proxies to vote in favor of the foregoing proposals, as provided in Proposal No. 4 of the Proxy Statement |
4,876,770 | 352,697 | 20,638 |
About MYnd Analytics, Inc. (OTCMKTS:MYAN)
MYnd Analytics, Inc., formerly CNS Response, Inc., is a cloud-based predictive analytics company that provides objective clinical decision support to mental healthcare providers for the treatment of behavioral disorders, including depression, anxiety, bipolar disorder and post-traumatic stress disorder (PTSD). It uses its neurometric platform, PEER Online, to generate Psychiatric Electroencephalogram, Evaluation Registry Reports to predict the likelihood of response by an individual to certain medications for the treatment of behavioral disorders. The Company’s technology helps in evaluating pharmacotherapy options in patients suffering from non-psychotic behavioral disorders. PEER provides medical professionals with medication sensitivity data for a subject patient based upon the identification and correlation of treatment outcome information from other patients with similar neurophysiologic characteristics. This treatment outcome information is contained in the PEER Online database.