Eyenovia Inc. filed SEC Form 8-K: Submission of Matters to a Vote of Security Holders
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| Item 5.07. | Submission of Matters to a Vote of Security Holders. |
A Special Meeting of Stockholders (the “Special Meeting”) of Eyenovia, Inc. (“Eyenovia” or the “Company”) was held in a virtual format on January 21, 2025 starting at 10:00 AM EDT. Of Eyenovia’s 111,425,129 shares of common stock, $0.0001 par value per share (the “common stock”), issued and eligible to vote as of the record date of December 9, 2024, a quorum of 58,272,257 shares, or approximately 52.3% of the eligible shares, was present virtually or represented by proxy at the Special Meeting. The actions set forth below were taken at the Special Meeting. Each of the matters set forth below is described in detail in Eyenovia’s definitive proxy statement on Schedule 14A related to the Special Meeting, filed on December 23, 2024 (the “Proxy Statement”).
| 1. | Approval of an amendment to Eyenovia’s Amended and Restated Certificate of Incorporation, as amended, to effect a reverse stock split of the Company’s issued and outstanding shares of common stock, at a ratio of between 1:40 and 1:80 (the “Reverse Stock Split Amendment”). |
| Shares Voted For | Shares Voted Against | Shares Abstaining | Broker Non-Votes | |||||||||||
| 45,289,590 | 12,572,704 | 409,963 | 0 | |||||||||||
| 2. | Approval of an amendment to Eyenovia’s Amended and Restated 2018 Omnibus Stock Incentive Plan to reserve an additional 350,000 shares of the Company’s common stock for issuance thereunder, which number will not be adjusted as a result of the Reverse Stock Split Amendment. |
| Shares Voted For | Shares Voted Against | Shares Abstaining | Broker Non-Votes | |||||||||||
| 22,969,009 | 8,945,460 | 527,690 | 25,830,098 | |||||||||||
| 3. | Approval of, for purposes of Nasdaq Listing Rule 5635(d), the potential issuance of up to an aggregate of 73,029,273 shares of common stock upon the exercise of the Purchase Warrants issued by the Company pursuant to the Purchase Agreements (each, as defined in the Proxy Statement). |
| Shares Voted For | Shares Voted Against | Shares Abstaining | Broker Non-votes | |||||||||||
| 23,097,136 | 8,735,529 | 609,494 | 25,830,098 | |||||||||||
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 hereunto duly authorized.
| EYENOVIA, INC. | |
| Date: January 24, 2025 | /s/ Michael Rowe |
| Michael Rowe | |
| Chief Executive Officer |