Item 5.07 SUBMISSION OF MATTERS TO A VOTE OF SECURITY HOLDERS
The Company’s 2025 annual stockholder meeting was held on June 5, 2025. As of the record date for the meeting, the Company had 171,162,048 shares of common stock issued and outstanding or underlying the Company’s outstanding Series A Preferred Stock or the applicable warrants held by holders of shares of the Company’s outstanding Series B Preferred Stock and Series C Preferred Stock, and entitled to vote.
All of the nominees for director listed in proposal 1 of the proxy statement were elected as follows:
| | | | | | | | | | | | | | |
| Name | For | Against | Abstain | Broker Non-Votes |
| Trevor Bowen | 154,992,584 | 1,955,801 | 184,665 | 6,404,299 |
| | | | |
| Wade Burton | 155,065,087 | 2,037,619 | 30,344 | 6,404,299 |
| | | | |
| Stanley R. Zax | 125,662,609 | 31,282,776 | 187,665 | 6,404,299 |
Proposal 2 of the proxy statement, approval of an amendment to the Company’s Second Amended and Restated 2009 Equity Participation Plan to increase the number of shares of the Company’s common stock available for awards thereunder by an additional 3,400,000 shares, was approved by the following votes
| | | | | | | | | | | |
| For | Against | Abstain | Broker Non-Votes |
| 130,828,907 | 18,713,215 | 7,590,928 | 6,404,299 |
Proposal 3 of the proxy statement, the vote to approve, on an advisory (non-binding) basis, the compensation of the Company’s named executive officers (commonly referred to as a “say-on-pay” vote), was approved by the following votes
| | | | | | | | | | | |
| For | Against | Abstain | Broker Non-Votes |
| 98,101,534 | 51,379,834 | 7,651,682 | 6,404,299 |
Proposal 4 of the proxy statement, the ratification of the selection of KPMG LLP as the Company’s independent registered accountants for its fiscal year ending December 31, 2025, was approved by the following votes:
| | | | | | | | |
| For | Against | Abstain |
| 162,088,566 | 1,410,560 | 38,223 |
