UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K/A
(Amendment No. 1)
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 13, 2017
VUZIX CORPORATION
(Exact name of registrant as specified in its charter)
Delaware
(State or other jurisdiction of incorporation)
| 001-35955 | 04-3392453 |
| (Commission File Number) | (IRS Employer Identification No.) |
25 Hendrix Road, Suite A,
West Henrietta NY 14586
(Address of principal executive offices)(Zipcode)
(585) 359-5900
(Registrant’s Telephone Number, Including Area Code)
Copies to:
Gregory Sichenzia, Esq.
Jeff Cahlon, Esq.
Sichenzia Ross Ference Kesner LLP
61 Broadway, 32nd Floor
New York, New York 10006
Phone: (212) 930-9700
Fax: (212) 930-9725
Not Applicable
(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:
| ☐ | 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)) |
Explanatory Note
This Amendment No. 1 to Form 8-K amends and restates the Current Report on Form 8-K filed by Vuzix Corporation on June 19, 2017 solely to correct a typographical error in the first paragraph of Item 5.02.
| Item 5.02 | Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers. |
On June 15, 2017, Tim Harned was appointed to the board of directors of Vuzix Corporation (the “Company”). Mr. Harned will also serve on the audit committee and nominating committees of the Company’s board of directors.
On June 15, 2017, Paul Boris was re-appointed to the board of directors of the Company. Mr. Boris had previously been appointed to the board of directors on June 20, 2016 and he resigned from the board on May 8, 2017 when he joined the Company as its Chief Operating Officer.
| Item 5.07. | Submission of Matters to a Vote of Security Holders. |
On June 13, 2017, the Company held its annual meeting of stockholders. At the annual meeting, Paul J. Travers, Grant Russell, Edward Kay, Alexander Ruckdaeschel and Michael Scott were each elected as directors of the Company to serve until the next annual meeting of stockholders or until their successors have been elected and qualified, and stockholders ratified the board of directors’ appointment of Freed Maxick, CPAs, P.C. as the Company’s independent registered public accounting firm for 2017.The final voting results on these matters were as follows:
1. Election of Directors:
| Name | Votes For | Votes Withheld | Broker Non-Votes | |||
| Paul J. Travers | 10,864,201 | 199,183 | 8,075,415 | |||
| Grant Russell | 10,862,011 | 201,373 | 8,075,415 | |||
| Edward Kay | 10,779,071 | 284,313 | 8,075,415 | |||
| Alexander Ruckdaeschel | 10,411,136 | 652,248 | 8,075,415 | |||
| Michael Scott | 10,775,592 | 287,792 | 8,075,415 |
2. Ratification of appointment of Freed Maxick, CPAs, P.C. as the Company’s independent registered public accounting firm for 2017:
| Votes For | Votes Against | Votes Abstained | ||
| 18,792,501 | 308,829 | 37,469 |
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.
| Date: June 19, 2017 | VUZIX CORPORATION | |
|
By: |
/s/ Grant Russell | |
|
Grant Russell Chief Financial Officer | ||