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(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 Section 12(b) of the Act:
Title
of each class
Trading Symbol(s)
Name of each exchange on which registered
iCommon Stock
iAPYX
iNasdaq
Stock Market, LLC
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).
Emerging growth company i☐
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.
o
Item 5.07. Submission of Matters to a Vote of Security Holders.
On
August 11, 2022, the following proposals were submitted to the stockholders of Apyx Medical Corporation (the “Company”) at its annual meeting of stockholders: (i) the election of eight (8) directors; (ii) the ratification of RSM US LLP as the Company’s independent registered public accounting firm for the year ending December 31, 2022; and (iii) the approval of the a non-binding advisory resolution supporting the compensation of the Company’s named executive officers. The proposals are described in more detail in the Company’s Definitive Proxy Statement on Schedule 14A filed with the U.S. Securities and Exchange
Commission on June 24, 2022.
The following are the final voting results for each proposal.
(i)
The
Company’s stockholders elected each of the following eight (8) directors to serve on the Board of Directors of the Company until their respective successors have been duly elected and qualified, by the following vote:
Name
Number of Votes Cast in Favor
Number of Votes Cast Against
Number
of Votes Abstained
Andrew Makrides
15,836,669
98,141
19,556
Charles
D. Goodwin
15,887,040
47,770
19,556
John Andres
15,834,194
99,563
20,608
Michael
Geraghty
15,833,207
99,371
21,788
Lawrence J. Waldman
15,828,037
105,787
20,542
Craig
Swandal
15,903,350
30,414
20,602
Minnie Baylor-Henry
15,768,279
166,282
19,804
Wendy
Levine
15,909,798
24,758
19,809
(ii)
The Company’s stockholders ratified the appointment of RSM US LLP as the
Company's independent registered public accounting firm for the year ending December 31, 2022 by the following vote:
Number of Votes Cast in Favor
Number of Votes Cast Against
Number of Votes Abstained
21,352,026
83,026
33,353
(iii)
The
Company’s stockholders approved of a non-binding advisory resolution supporting the compensation of the Company’s named executive officers, by the following vote:
Number of Votes Cast in Favor
Number of Votes Cast Against
Number of Votes Abstained
15,568,856
366,319
19,190
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.
