POLARITYTE, INC. (NASDAQ:COOL) Files An 8-K Submission of Matters to a Vote of Security HoldersItem 5.07. Submission of Matters to a Vote of Security Holders.
The 2017 Annual Meeting of Stockholders (the “Annual Meeting”) of PolarityTE, Inc. (the “Company”) was held on October 18, 2017 at 615 Arapeen Drive, Suite 102, Salt Lake City, Utah 84108 at 10:00 a.m. local time. At the Annual Meeting, a total of 16,823,058 shares, or 81.0%, of the Company’s common stock and preferred stock, on an as converted basis and subject to beneficial ownership limitations, issued and outstanding as of the record date for the Annual Meeting were represented in person or by proxy. Set forth below is a brief description of each matter voted upon at the Annual Meeting and the voting results with respect to each matter.
1) To elect as Class III directors the nominees named in the proxy statement;
Nominee | Votes For | Votes Against | Abstain |
Denver Lough | 16,722,242 | 68,785 | 3,576 |
Edward Swanson | 16,722,529 | 68,498 | 3,576 |
John Stetson | 16,709,525 | 79,203 | 5,875 |
The nominees were elected.
2) To ratify the appointment of Jeff Dyer and Jon Mogford as Class I Directors;
Votes For | Votes Against | Abstain |
16,702,065 | 86,952 | 5,586 |
The appointment was ratified.
3) To ratify the appointment of EisnerAmper LLP as our independent public accountant for the fiscal year ending October 31, 2017;
Votes For | Votes Against | Abstain |
16,795,496 | 21,145 | 6,401 |
The appointment was ratified.
4) To advise the Company as to whether you approve the compensation of our named executive officers (Say-on-Pay).
Votes For | Votes Against | Abstain |
16,609,474 | 173,112 | 12,016 |
The compensation of our named executive officers was approved.
5) To advise the Company as to whether you prefer a vote to advise us on the compensation of our named executive officers every year, every two years or every three years (Say-on-Pay Frequency);
One Year | Two Years | Three Years | Abstain |
16,698,117 | 57,297 | 28,725 | 10,469 |
A vote every one year was approved.
6) To approve an amendment to the Company’s 2017 Equity Incentive Plan to increase the reservation of common stock for issuance thereunder to 7,300,000 shares from 3,450,000 shares;
Votes For | Votes Against | Abstain |
16,599,255 | 161,250 | 34,098 |
The amendment to the Company’s 2017 Equity Incentive Plan was approved.
7) To authorize the issuance of securities in one or more non-public offerings where the maximum discount at which securities will be offered will be equivalent to a discount of 20% below the market price of the common stock, as required by and in accordance with Nasdaq Marketplace Rule 5635(d);
Votes For | Votes Against | Abstain |
16,710,556 | 54,125 | 29,922 |
The issuance of securities was approved.
About POLARITYTE, INC. (NASDAQ:COOL)
PolarityTE, Inc., formerly Majesco Entertainment Company, is a technology company. The Company has developed, marketed, published and distributed software through online platforms. The Company develops applications for gaming on computers, handheld devices and game consoles. The Company is the owner of patent applications and know-how related to regenerative medicine and tissue engineering, as well as software applications used in diagnosis and treatment related to regenerative medicine. It seeks to develop and obtain regulatory approval for technology that will utilize a patient’s own tissue substrates for the regeneration of skin, bone, muscle, cartilage, fat, blood vessels and nerves. Its PolarityTE platform simplifies regeneration and allows cells to function naturally. The platform can be applied across all cells, tissues and composite structures. Its platform induces cell and tissue polarity, and creates functional tissue that mirrors natural development in the human body.