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: (407) 839-0095

 

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