UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM
CURRENT REPORT
Pursuant to Section 13 or 15(d)
of the Securities Exchange Act of 1934
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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) |
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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. |
At the annual meeting of the stockholders of Energous Corporation (the “Company”) held on June 14, 2023, the matters described below were voted on and the numbers of votes cast with respect to each matter were as indicated.
(1) Holders of the Company’s common stock voted to elect five members of the Board of Directors to serve until the next annual meeting of stockholders and until their successors are duly elected and qualified, as follows:
| Name | For | Withheld | Broker Non-Votes | |||
| Reynette Au |
21,122,033 | 4,197,870 | 27,759,021 | |||
| Rahul Patel |
21,349,806 | 3,970,097 | 27,759,021 | |||
| Sheryl Wilkerson |
20,621,708 | 4,698,195 | 27,759,021 | |||
| J. Michael Dodson |
22,018,833 | 3,301,070 | 27,759,021 | |||
| David Roberson |
22,000,856 | 3,319,047 | 27,759,021 | |||
| Cesar Johnston |
21,695,942 | 3,623,961 | 27,759,021 |
(2) Holders of the Company’s common stock voted to ratify the appointment of Marcum LLP as the Company’s independent registered public accounting firm for the fiscal year ending December 31, 2023, as follows:
Shares voted in favor: 51,454,641
Shares voted against: 1,289,620
Shares abstaining: 334,663
(3) Holders of the Company’s common stock voted to approve, by a non-binding advisory vote, the compensation paid by the Company to its named executive officers, as follows:
Shares voted in favor: 20,237,588
Shares voted against: 4,609,498
Shares abstaining: 472,817
Broker non-votes: 27,759,021
(4) Holders of the Company’s common stock voted to amend and restate the Company’s 2013 Equity Incentive Plan, as follows:
Shares voted in favor: 19,869,141
Shares voted against: 5,021,314
Shares abstaining: 429,448
Broker non-votes: 27,759,021
(5) Holders of the Company’s common stock voted to amend and restate the Company’s Employee Stock Purchase Plan, as follows:
Shares voted in favor: 20,893,226
Shares voted against: 4,037,825
Shares abstaining: 388,852
Broker non-votes: 27,759,021
(6) Holders of the Company’s common stock approved an amendment to the Company’s certificate of incorporation to effect a reverse stock split by a ratio not to exceed 1-for-20, as follows:
Shares voted in favor: 46,869,487
Shares voted against: 5,629,203
Shares abstaining: 580,234
(7) Holders of the Company’s common stock did not approve an amendment to the Company’s certificate of incorporation to effect an effective increase in the number of authorized shares of common stock to a number that is calculated as the current authorized common share amount multiplied by 2x (two times) the final reverse stock split ratio, as follows:
Shares voted in favor: 44,760,888
Shares voted against: 7,730,487
Shares abstaining: 587,549
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.
| ENERGOUS CORPORATION | ||||||
| Date: June 21, 2023 | By: | /s/ William Mannina | ||||
| William Mannina | ||||||
| Acting Chief Financial Officer | ||||||
Document and Entity Information |
Jun. 14, 2023 |
|---|---|
| Cover [Abstract] | |
| Entity Registrant Name | Energous Corp |
| Amendment Flag | false |
| Entity Central Index Key | 0001575793 |
| Document Type | 8-K |
| Document Period End Date | Jun. 14, 2023 |
| Entity Incorporation State Country Code | DE |
| Entity File Number | 001-36379 |
| Entity Tax Identification Number | 46-1318953 |
| Entity Address, Address Line One | 3590 North First Street |
| Entity Address, Address Line Two | Suite 210 |
| Entity Address, City or Town | San Jose |
| Entity Address, State or Province | CA |
| Entity Address, Postal Zip Code | 95134 |
| City Area Code | (408) |
| Local Phone Number | 963-0200 |
| Written Communications | false |
| Soliciting Material | false |
| Pre Commencement Tender Offer | false |
| Pre Commencement Issuer Tender Offer | false |
| Security 12b Title | Common Stock, $0.00001 par value |
| Trading Symbol | WATT |
| Security Exchange Name | NASDAQ |
| Entity Emerging Growth Company | false |
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