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): August 28, 2015
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 obligation of the registrant under any of the following provisions:
o | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
o | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
o | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
o | 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 August 28, 2015 (the “Annual Meeting”). Four proposals were submitted to shareholders as described in the 2015 Proxy Statement and were approved by shareholders at the Annual Meeting. The proposals and the results of the shareholder votes are as follows.
1. | | | Broker |
| For | Withheld | Non-Votes |
Proposal to elect six directors | | | |
for one-year terms: | | | |
| | | |
Timothy C. Barabe | 12,503,559 | 957,541 | 25,588,136 |
Hans-Peter Hartung | 10,401,629 | 3,059,471 | 25,588,136 |
Gail J. Maderis | 12,324,939 | 1,136,161 | 25,588,136 |
Michael S. Richman | 12,496,172 | 964,928 | 25,588,136 |
Scott B. Seaman | 12,322,816 | 1,138,284 | 25,588,136 |
Neil K. Warma | 12,258,953 | 1,202,147 | 25,588,136 |
2. | | | | | Broker |
| | For | Against | Abstain | Non-Votes |
Proposal to approve | | | | |
an amendment to the Restated | | | | |
Certificate of Formation to increase | | | | |
the number of authorized shares | | | | |
of common stock to 150 million | 30,436,939 | 8,216,038 | 396,259 | 0 |
3. | | | | Broker |
| For | Against | Abstain | Non-Votes |
Proposal to approve | | | | |
an amendment to the Restated | | | | |
Certificate of Formation to effect | | | | |
a reverse stock split of the | | | | |
common stock, as determined | | | | |
by the Board of Directors in its | | | | |
discretion, of a ratio of not less | | | | |
than 1-for-4 and not more than | | | | |
1-for-8 | 34,060,036 | 4,624,809 | 364,391 | 0 |
4. | | | | | Broker |
| | For | Against | Abstain | Non-Votes |
Proposal to ratify the | | | | |
appointment of MaloneBailey, LLP | | | | |
as independent auditors for the fiscal | | | | |
year ending December 31, 2015 | 37,409,987 | 1,025,212 | 614,037 | 0 |
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.
| OPEXA THERAPEUTICS, INC. | |
| | | |
Dated: September 3, 2015 | By: | /s/ Karthik Radhakrishnan | |
| | Karthik Radhakrishnan | |
| | Chief Financial Officer | |
| | | |