Item 5.07 Submission of Matters to a Vote of Security Holders.
On June 30, 2021, Apex Technology Acquisition Corporation (“Apex”) held a Special Meeting of Stockholders (the “Special Meeting”). At the Special Meeting, Apex’s stockholders voted on five proposals, each of which is described in more detail in Apex’s definitive proxy statement on Schedule 14A filed with the Securities and Exchange Commission on June 2, 2021 (the “Proxy Statement”). Only stockholders of record as of the close of business on June 1, 2021, the record date for the Special Meeting, were entitled to vote at the Special Meeting. As of the record date, 44,560,000 shares of Apex’s common stock were outstanding and entitled to vote at the Special Meeting. At the Special Meeting, there were 27,283,097 shares voted by proxy or in person, which constituted a quorum. An aggregate of 17,372 shares of Apex’s common stock, less than $0.2 million in aggregate value, were presented for redemption in connection with the Special Meeting. The Business Combination (as defined below) is expected to close on July 1, 2021. Final voting results are presented below:
Proposal 1. A proposal to approve and adopt the Business Combination Agreement and Plan of Reorganization, dated as of November 23, 2020, as amended on December 30, 2020, March 8, 2021 and May 18, 2021, by and among (i) Apex, (ii) AvePoint, Inc. (“AvePoint”), (iii) Athena Technology Merger Sub, Inc. and (iv) Athena Technology Merger Sub 2, LLC (as it may be amended from time to time, the “Business Combination Agreement”), a copy of which is attached to the Proxy Statement as Annex A, and the transactions contemplated by the Business Combination Agreement. The following is a tabulation of the votes with respect to this proposal, which was approved by Apex’s stockholders:
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Votes For | | Votes Against | | Votes Abstain |
27,140,624 | | 80,060 | | 62,413 |
Proposal 2. A series of proposals to approve the following amendments to Apex’s current amended and restated certificate of incorporation. A tabulation of the votes with respect to each subpart of this proposal, which were each approved by Apex’s stockholders, follow the descriptions of each such subpart.
Proposal 2a. To change Apex’s name to “AvePoint, Inc.”
| | | | |
Votes For | | Votes Against | | Votes Abstain |
27,060,671 | | 160,659 | | 61,767 |
Proposal 2b. To increase the number of authorized shares of common stock and “blank check” preferred stock.
| | | | |
Votes For | | Votes Against | | Votes Abstain |
25,230,923 | | 1,629,783 | | 422,391 |
Proposal 2c. To require that stockholders only act at annual and special meetings of the corporation and not by written consent.
| | | | |
Votes For | | Votes Against | | Votes Abstain |
25,647,734 | | 1,316,001 | | 319,362 |