Current Report Filing (8-k)

 

 

 

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)

September 13, 2018 (September 12, 2018)

 

HEMISPHERX BIOPHARMA, INC.

(Exact name of registrant as specified in its charter)

 

Delaware		001 - 27072		52-0845822
(state or other jurisdiction		(Commission		(I.R.S. Employer
of incorporation)		File Number)		Identification No.)

 

2117 SW Highway 484, Ocala FL		34474
(Address of principal executive offices)		(Zip Code)

 

Registrant’s telephone number, including area code: [phone]

 

2117 SW Highway 484, Ocala FL 34473

(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):

 

[  ]	Written communications 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))

 

Indicate by check mark whether the registrant is an emerging growth company as defined in 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 [  ]

 

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. [  ]

 

 

 

 

Item 5.07 Submission of Matters to a Vote of Security Holders

 

The Company’s Annual Meeting of Stockholders for 2018 was held on September 12, 2016. The requisite quorum for the meeting of 40.0% was present. At the meeting, stockholders voted as follows:

 

Election of Directors :

 

Nominees		For				Withheld				Broker Non-Votes
Thomas K. Equels			6,785,002				438,414				20,251,473
William M. Mitchell			6,580,686				642,730				20,251,473
Stewart L. Appelrouth			6,604,535				618,881				20,251,473

 

Ratification of the selection of Morrison, Brown, Argiz & Farra, LLC as our independent accountants :

 

For: 23,397,400

Against: 1,088,279

Abstain: 2,989,210

 

Advisory, non-binding, vote on approval of the compensation of the Company’s Named Executive Officers :

 

For: 5,422,897

Against: 1,325,480

Abstain: 475,039

 

The following votes were cast with regard to approval the Hemispherx 2018 Equity Incentive Plan:

 

For: 4,807,712

Against: 1,944,762

Abstain: 470,942

 

The following votes were cast with regard to approval of the Company’s name change:

 

For: 20,324,225

Against: 3,974,825

Abstain: 3,175,839

 

 

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.

 

HEMISPHERX BIOPHARMA, INC.
September 13, 2018	By:	/s/ Thomas K. Equels
		Thomas K. Equels, CEO