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EX-99.1 - EXHIBIT 99.1 - LIBERATOR MEDICAL HOLDINGS, INC.v325005_ex99-1.htm



Washington, D.C. 20549





Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934


Date of Report (Date of earliest event reported): September 28, 2012



(Exact name of registrant as specified in its charter)


NEVADA 000-05663 87-0267292
(State or other jurisdiction (Commission (IRS Employer
Of incorporation) File Number) Identification Number)



2979 SE Gran Park Way, Stuart, Florida 34997

(Address of Principal Executive Offices)


(772) 287-2414

(Registrant’s telephone number, including area code)




(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 obligations 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))




Item 5.07      Submission of Matters to a Vote of Security Holders


On September 28, 2012, Liberator Medical Holdings, Inc., a Nevada corporation (the “Company”), held its annual meeting of stockholders to (i) elect directors; and (ii) ratify the appointment of its independent registered public accounting firm. A majority of the stockholders entitled to vote at the annual meeting were present at the annual meeting in person or by proxy. The following table shows the number of votes cast for, against, abstentions, and the number of broker non-votes on each matter.


Election of Directors: For Against Abstain Non-Vote
Mark A. Libratore 23,592,702 56,196 5,672 10,362,077
Jeannette Corbett 23,560,730 88,168 5,672 10,362,077
Morgan Duke 23,560,592 53,306 40,672 10,362,077
Tyler Wick 23,561,492 87,406 5,672 10,362,077


Ratification of

Public Accountants For Against Abstain  
Crowe Horwath LLP 28,328,203 5,535,372 153,072  


Item 8.01      Other Events


On September 28, 2012, Mark A. Libratore, the Company’s President and Chief Executive Officer, addressed the stockholders at the Company’s annual meeting of stockholders in Stuart, Florida. Mr. Libratore’s remarks are filed as Exhibit 99.1 to this Report on Form 8-K.


The information under this caption, “Item 8.01 – Other Events,” including information in any related exhibits, is being furnished to the Securities and Exchange Commission and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liability of that Section. This information shall not be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, except as shall be expressly set forth by specific reference in such a filing.


Item 9.01      Financial Statements and Exhibits


(d) Exhibits


Exhibit No. Description
99.1 Remarks of President and Chief Executive at the Company’s Annual Stockholders Meeting on September 28, 2012.






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.



Dated: October 3, 2012   /s/ Mark A. Libratore
    Mark A. Libratore, President