8-K for 2021 Annual Meeting Vote

8-K 1 eman-20210611x8k.htm 8-K 8-K for 2021 Annual Meeting Vote

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): June 10, 2021

eMagin Corporation

(Exact name of registrant as specified in charter)


Delaware	001-15751	56-1764501
(State or other jurisdiction of incorporation)	(Commission File Number)	(IRS Employer Identification No.)

700 South Drive, Suite 201
Hopewell Junction, NY 12533

(Address of principal executive office)

Registrant’s telephone number, including area code (845) 838-7900

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:

☐ 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))

Securities registered pursuant to Section 12(b) of the Act:


Title of each class	Trading Symbol(s)	Name of each exchange on which registered
Common Stock, $.001 Par Value Per Share	EMAN	NYSE American

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

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

On June 10, 2021, eMagin Corporation (the “Company”) held its virtual Annual Meeting of Stockholders. As of April 20, 2021, the record date for the meeting, the Company had outstanding and entitled to vote 71,975,792 shares of common stock and 5,659 shares of its outstanding Series B Convertible Preferred Stock, where each such share of Series B Convertible Preferred Stock was entitled to voting rights equal to the number of shares of common stock issuable upon conversion of the Series B Convertible Preferred Stock, which was a total of 18,726,009 shares of common stock. All matters submitted to a vote of the Company’s stockholders at the annual meeting were approved and all director nominees were elected.

The certified results of each of the matters voted upon at the annual meeting, which are more fully described in the Company’s definitive proxy statement filed with the Securities and Exchange Commission on April 29, 2021 (the “Proxy Statement”), are as follows:

(1)

Election of six (6) directors for terms expiring at the 2022 annual meeting of stockholders and until their successors are duly elected and qualified.


Directors	For	Withhold	Broker Non - Vote
Eric Braddom	36,076,463	1,648,546	22,042,991
Paul Cronson	35,705,080	2,019,929	22,042,991
Ellen B. Richstone	35,687,150	2,037,859	22,042,991
Andrew G. Sculley	35,880,916	1,844,093	22,042,991
Stephen M. Seay	35,690,001	2,035,008	22,042,991
Jill J. Wittels	36,070,881	1,654,128	22,042,991

(2)

Ratification of the appointment of RSM US LLP as the Company’s independent registered public accounting firm for the fiscal year ending December 31, 2021.


For	Against	Abstain	Broker Non - Vote
59,582,672	50,352	134,976	-

(3) Approval, on an advisory basis of the compensation of the Company’s named executive officers as disclosed in the Proxy Statement.


For	Against	Abstain	Broker Non - Vote
33,979,439	2,641,882	1,103,688	22,042,991

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.


	EMAGIN CORPORATION

Date: June 11, 2021	By:	/s/ Mark A. Koch
		Name: Mark A. Koch
		Title: Acting Chief Financial Officer

eMagin Corporation filed SEC Form 8-K: Submission of Matters to a Vote of Security Holders