|
||||||||||||||||||||||||||
| SEC Info℠ | | | Home | | | Search | | | My Interests | | | Help | | | Sign In | | | Please Sign In | |||||||
|
||||||||||||||||||||||||||
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 7/06/22 Plug Power Inc. 8-K/A:5 6/30/22 10:204K Toppan Merrill/FA |
Document/Exhibit Description Pages Size 1: 8-K/A Amendment to Current Report HTML 34K 5: R1 Cover HTML 48K 8: XML IDEA XML File -- Filing Summary XML 11K 6: XML XBRL Instance -- tm2220551d1_8ka_htm XML 15K 7: EXCEL IDEA Workbook of Financial Reports XLSX 6K 3: EX-101.LAB XBRL Labels -- plug-20220630_lab XML 96K 4: EX-101.PRE XBRL Presentations -- plug-20220630_pre XML 64K 2: EX-101.SCH XBRL Schema -- plug-20220630 XSD 12K 9: JSON XBRL Instance as JSON Data -- MetaLinks 25± 33K 10: ZIP XBRL Zipped Folder -- 0001104659-22-077757-xbrl Zip 12K
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
CURRENT REPORT
Pursuant to Section 13 or 15(d)
of
the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): i June 30, 2022
(Exact name of registrant as specified in its charter)
| i Delaware | i 1-34392 | i 22-3672377 | ||
| (State or other jurisdiction | (Commission | (IRS Employer | ||
| of incorporation) | File Number) | Identification No.) |
| i 968 Albany Shaker Road, i Latham, i New York |
i 12110 | |
| (Address of principal executive offices) | (Zip Code) |
Registrant’s telephone number, including area code:
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 (see General Instruction A.2. below):
i ¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
i ¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
i ¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
i ¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Securities registered pursuant to 12(b) of the Act:
| Title of each class | Trading Symbol(s) |
Name of each exchange on which registered | ||
| i Common Stock, par value $0.01 per share | i PLUG | The i Nasdaq Capital Market |
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934(§ 240.12b-2 of this chapter).
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ¨
C:
Explanatory Note
i This Current Report on Form 8-K/A ("Amendment") is being filed as an amendment to the Current Report on Form 8-K filed by Plug Power Inc. (the “Company”) on July 1, 2022 ("Original Form 8-K"). The Company filed the Original Form 8-K with the Securities and Exchange Commission to report the results of the voting at the Company's Annual Meeting of Stockholders held on June 30, 2022 under Item 5.07. The purpose of this Amendment is to amend and restate Item 5.07 in the Original Form 8-K in its entirety to correct the stockholder vote totals.
C:
| Item 5.07. | Submission of Matters to a Vote of Security Holders. |
The Company held its 2022 annual meeting of stockholders (the “Annual Meeting”) on June 30, 2022 at 10:00 a.m. Eastern Time. At the Annual Meeting, the Company’s stockholders voted upon the following four matters:
| 1. | The election of George C. McNamee, Gregory L. Kenausis, and Jean A. Bua as Class II Directors, each to hold office until the Company’s 2025 annual meeting of stockholders and until such director’s successor is duly elected and qualified or until such director’s earlier resignation or removal. |
| 2. | The approval of an amendment to the Plug Power Inc. 2021 Stock Option and Incentive Plan as described in the Company’s proxy statement. |
| 3. | The approval of the non-binding, advisory resolution regarding the compensation of the Company’s named executive officers. |
| 4. | The ratification of Deloitte & Touche LLP (“Deloitte”) as the Company’s independent registered public accounting firm for the fiscal year ending December 31, 2022. |
At the Annual Meeting, the stockholders elected George C. McNamee, Gregory L. Kenausis, and Jean A. Bua as Class II Directors, approved the amendment to the Plug Power Inc. 2021 Stock Option and Incentive Plan, approved the non-binding, advisory resolution regarding the compensation of the Company’s named executive officers, and ratified the appointment of Deloitte as the Company’s independent registered public accounting firm for the fiscal year ending December 31, 2022.
Set forth below are the final voting results for each matter voted upon:
Proposal 1 - Election of Class II Directors
| Director | For | Withheld | Broker Non- Votes | |||||||||
| George C. McNamee | 236,157,080 | 40,377,854 | 90,658,352 | |||||||||
| Gregory L. Kenausis | 237,689,408 | 38,845,526 | 90,658,352 | |||||||||
| Jean A. Bua | 272,583,383 | 3,951,551 | 90,658,352 | |||||||||
Proposal 2 - Approval of an Amendment to the Plug Power Inc. 2021 Stock Option and Incentive Plan
| For | Against | Abstain | Broker Non-Votes | |||||||||||
| 249,359,837 | 26,108,740 | 1,066,357 | 90,658,352 | |||||||||||
Proposal 3 - Non-binding, Advisory Vote on Named Executive Officer Compensation
| For | Against | Abstain | Broker Non-Votes | |||||||||||
| 187,353,922 | 76,654,842 | 12,526,170 | 90,658,352 | |||||||||||
Proposal 4 - Ratification of Appointment of Deloitte
| For | Against | Abstain | Broker Non-Votes | |||||||||||
| 363,136,906 | 3,311,632 | 744,746 | 0 | |||||||||||
C:
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.
| PLUG POWER INC. | ||
| Date: July 6, 2022 | By: |
/s/ Paul Middleton |
| Chief Financial Officer | ||
C:
C:
| This ‘8-K/A’ Filing | Date | Other Filings | ||
|---|---|---|---|---|
 | ||||
| 12/31/22 | ||||
| Filed on: | 7/6/22 | |||
| 7/1/22 | 8-K | |||
| For Period end: | 6/30/22 | 8-K, DEF 14A | ||
| List all Filings | ||||
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 9/20/22 Plug Power Inc. S-8 9/20/22 4:59K Toppan Merrill/FA |