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 14, 2017
bovielogo2017a02.jpg
BOVIE MEDICAL CORPORATION
(Exact name of registrant as specified in its charter)
Delaware
0-12183
11-2644611
(State or other jurisdiction of
incorporation or organization)
(Commission File Number)
(I.R.S. Employer
Identification No.)
4 Manhattanville Road, Suite 106, Purchase, NY 10577
(Address of principal executive offices, zip code)
(914) 468-4009
(Issuer’s telephone number)
(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):
o
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
 
 
o
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
 
 
o
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
 
 
o
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 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 o
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. o




 
 
 
 
 
 

Item 5.07 - Submission of Matters to a Vote of Security Holders

On September 14, 2017, the following proposals were submitted to the stockholders of Bovie Medical Corporation (the “Company”) at its annual meeting of stockholders: (1) Election of six (6) directors to the Board of Directors; (2) Ratification of Frazier & Deeter, LLC, as Bovie's auditors for the fiscal year ending December 31, 2017; (3) Approval of a non-binding advisory resolution supporting the compensation of our named executive officers; (4) Approval of the Company’s 2017 Share Incentive Plan; (5) Approval of an amendment to the Company’s Certificate of Incorporation to increase the authorized number of shares of the Company’s common stock, having a par value of $.001 per share (“Common Stock”), from Forty Million (40,000,000) shares to Seventy-Five Million (75,000,000) shares of Common Stock.

The following are the final voting results for each proposal.


(1) The Company’s stockholders elected each of the following six (6) directors to serve on its Board of Directors until their successors are duly elected and qualified, by the following vote:
 
 
Number of Votes
Name
 
Cast in Favor
 
Cast Against
 
Withheld
 
 
 
 
 
 
 
Andrew Makrides
 
9,949,589
 
1,553,361
 
5,770,632
 
 
 
 
 
 
 
Robert L. Gershon
 
11,096,039
 
528,625
 
5,648,918
 
 
 
 
 
 
 
J. Robert Saron
 
11,070,002
 
564,187
 
5,639,393
 
 
 
 
 
 
 
John C. Andres
 
11,672,556
 
597,348
 
5,003,673
 
 
 
 
 
 
 
Michael Geraghty
 
11,037,411
 
1,321,438
 
4,914,733
 
 
 
 
 
 
 
Lawrence J. Waldman
 
11,761,551
 
597,258
 
4,914,768



(2) The Company’s stockholders ratified the appointment of Frazier & Deeter, LLC as its independent registered public accounting firm for the year ended December 31, 2017 by the following vote:
Votes For
 
Votes Against
 
Votes Abstained
 
 
 
 
 
20,561,630
 
1,450,485
 
3,869,034



(3) The Company’s stockholders approved the non-binding stockholder advisory vote on the compensation of our named executive officers:
Votes For
 
Votes Against
 
Votes Abstained
 
 
 
 
 
11,211,609
 
2,740,362
 
3,321,611



(4) The Company’s stockholders approved the Company’s 2017 Share Incentive Plan:
Votes For
 
Votes Against
 
Votes Abstained
 
 
 
 
 
10,424,838
 
3,511,801
 
3,336,943







(5) The Company’s stockholders approved an amendment to the Company’s Certificate of Incorporation to increase the authorized number of shares of the Company’s common stock, having a par value of $.001 per share (“Common Stock”), from Forty Million (40,000,000) shares to Seventy-Five Million (75,000,000) shares of Common Stock:
Votes For
 
Votes Against
 
Votes Abstained
 
 
 
 
 
17,082,405
 
5,679,922
 
3,118,821







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: September 15, 2017
By:
/s/ Robert L. Gershon
 
 
 
Robert L. Gershon
 
 
 
Chief Executive Officer