UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (date of earliest event reported): October 27, 2011
OPEXA THERAPEUTICS, INC.
(Exact name of registrant as specified in its charter)
| Texas | | 001-33004 | | 76-0333165 |
(State or other jurisdiction of incorporation) | | (Commission File Number) | | (IRS Employer Identification No.) |
2635 Technology Forest Blvd., The Woodlands, Texas | 77381 |
| (Address of principal executive offices) | (Zip Code) |
| Registrant’s telephone number, including area code: (281) 272-9331 |
| N/A |
| (Former name or former address, if changed since last report) |
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligations of the registrant under any of the following provisions:
⃞ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
⃞ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
⃞ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
⃞ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 5.07 Submission of Matters to a Vote of Security Holders
The Annual Meeting of Shareholders for Opexa Therapeutics, Inc. (“Opexa”) was held on October 27, 2011 (the “Annual Meeting”). Two proposals were submitted to shareholders as described in the 2011 Proxy Statement and were approved by shareholders at the Annual Meeting. The proposals and the results of the shareholder votes are as follows.
| | | Broker | |
1. | For | Withheld | Non-Votes | |
| Proposal to elect five directors | | | | |
| for one-year terms: | | | | |
| | | | |
| David E. Jorden | 8,790,728 | 530,505 | 7,283,171 | |
| Gail J. Maderis | 9,192,296 | 128,937 | 7,283,171 | |
| Michael S. Richman | 9,091,558 | 229,675 | 7,283,171 | |
| Scott B. Seaman | 9,173,411 | 147,822 | 7,283,171 | |
| Neil K. Warma | 9,118,073 | 203,160 | 7,283,171 | |
| | | | |
| | | | |
| | | | Broker |
| 2. | For | Against | Abstain | Non-Votes |
| Proposal to ratify the | | | | |
| appointment of MaloneBailey, LLP | | | | |
| as auditors for the fiscal year | | | | |
| ending December 31, 2011 | 14,940,224 | 467,825 | 1,196,355 | 0 |
Item 8.01. Other Events.
On November 2, 2011, Opexa issued a press release announcing the election of Gail J. Maderis to the Company’s Board of Directors at the Annual Meeting.
A copy of the press release is attached hereto as Exhibit 99.1 and incorporated herein by reference.
Item 9.01 Financial Statements and Exhibits
(d) Exhibits
The following exhibit is filed as part of this Current Report on Form 8-K:
Exhibit No. | Description |
| 99.1 | Press release issued November 2, 2011 |
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
Dated: | November 2, 2011 | OPEXA THERAPEUTICS, INC. |
| | | |
| | | |
| | By: | /s/ Neil K. Warma |
| | | Neil K. Warma |
| | | President & Chief Executive Officer |
EXHIBIT INDEX
Exhibit No. | Description |
| |
99.1 | Press Release issued November 2, 2011 |
