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 25, 2020

 


 

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 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 25, 2020, eMagin Corporation (the “Company”) held its Annual Virtual Meeting of Stockholders. As of May 6, 2020, the record date for the meeting, the Company had outstanding and entitled to vote 53,818,852 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 7,545,333 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, 2020 (the “Proxy Statement”), are as follows:   



(1)

Election of six (6) directors for terms expiring at the 2021 annual meeting of stockholders and until their successors are duly elected and qualified.





 

 

 

 

 

 

 

 

Directors

 

For

 

Withhold

 

Broker Non - Vote

Eric Braddom

 

24,802,543 

 

1,698,718 

 

23,292,521 

Paul Cronson

 

24,801,813 

 

1,699,448 

 

23,292,521 

Ellen B. Richstone

 

24,786,725 

 

1,714,536 

 

23,292,521 

Andrew G. Sculley

 

24,785,737 

 

1,715,524 

 

23,292,521 

Stephen M. Seay

 

24,741,103 

 

1,760,158 

 

23,292,521 

Jill J. Wittels

 

24,789,500 

 

1,711,761 

 

23,292,521 



(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, 2020.

 



 

 

 

 

 

 

For

 

Against

 

Abstain

 

Broker Non - Vote

49,512,056

 

39,628

 

242,098

 

-



(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

23,150,398

 

847,347

 

2,503,516

 

23,292,521


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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 26, 2020

By:

/s/ Mark A. Koch

 

 

Name: Mark A. Koch



 

Title: Acting Chief Financial Officer



































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