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): June 17, 2010
OXiGENE, INC.
(Exact name of registrant as specified in its charter)
Delaware | 0-21990 | 13-3679168 |
(State or other jurisdiction of incorporation) | (Commission File Number) | (I.R.S. Employer Identification No.) |
701 Gateway Boulevard, Suite 210, South San Francisco, CA 94080
(Address of principal executive offices)
Registrant's telephone number, including area code: (650) 635-7000
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the obligation of the registrant under any of the following provisions:
[_] Written communication 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 2010 annual meeting of the stockholders of OXiGENE, Inc. (the "Company") was held on June 30, 2010 at the Company’s offices in South San Francisco, California. Of the 69,664,000 shares of the Company’s common stock entitled to vote at the meeting, 48,243,216 shares were represented at the meeting in person or by proxy, constituting a quorum. The voting results are presented below.
1. Our stockholders elected 7 directors to serve for the ensuing year and until their successors are elected and qualified, or until their earlier death, resignation or removal. The votes regarding the election of directors were as follows:
Name | Votes For | Votes Withheld | Broker Non-Votes | |||
Roy Hampton Fickling | 36,559,677 | 714,266 | 10,969,273 | |||
Tamar D. Howson | 36,556,918 | 717,025 | 10,969,273 | |||
Mark Kessel | 36,555,652 | 718,291 | 10,969,273 | |||
Peter J. Langecker | 36,519,730 | 754,213 | 10,969,273 | |||
William N. Shiebler | 36,563,070 | 710,873 | 10,969,273 | |||
William D. Schwieterman | 36,543,586 | 730,357 | 10,969,273 | |||
Alastair J.J. Wood | 36,557,808 | 716,135 | 10,969,273 |
2. Approval of the issuance of shares of the Company’s common stock and warrants to purchase shares of the Company’s common stock to certain accredited investors pursuant to the Securities Purchase Agreement, dated as of March 10, 2010, by and between the Company and those accredited investors.
Votes For | Votes Against | Votes Abstained | Broker Non-Votes | |||
36,259,792 | 872,748 | 141,402 | 10,969,274 |
3. Approval of an amendment to the Company’s Restated Certificate of Incorporation to increase the authorized number of shares of OXiGENE common stock, $0.01 par value per share, from 175,000,000 to 300,000,000.
Votes For | Votes Against | Votes Abstained | Broker Non-Votes | |||
44,736,494 | 3,350,723 | 155,997 | 0 |
4. Ratification of the appointment of Ernst & Young LLP as the Company’s independent registered public accounting firm for the fiscal year ending December 31, 2010:
Votes For | Votes Against | Votes Abstained | Broker Non-Votes | |||
46,613,151 | 1,292,281 | 337,781 | 0 |
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
OXiGENE, Inc.
Date: July 1, 2010 _/s/ James B. Murphy________
By: James B. Murphy
Its: Vice President and Chief
Financial Officer