UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 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) April 17, 2018
Datawatch Corporation
(Exact Name of Registrant as Specified in Its Charter)
Delaware
(State or Other Jurisdiction of Incorporation)
| 000-19960 | 02-0405716 |
| (Commission File Number) | (IRS Employer Identification No.) |
| 4 Crosby Drive | |
| Bedford, Massachusetts | 01730 |
| (Address of Principal Executive Offices) | (Zip Code) |
(978) 441-2200
(Registrant’s Telephone Number, Including Area Code)
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 Rule 405 of the Securities Act of 1933 (17 CFR §230.405) or Rule 12b-2 of the Securities Exchange Act of 1934 (17 CFR §240.12b-2).
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 Annual Meeting of Stockholders of Datawatch was held on April 17, 2018, at which the stockholders voted on the following matters:
| 1. | The election of Richard de J. Osborne, Joan McArdle, Thomas H. Kelly, Christopher T. Cox, Colin Mahony, David C. Mahoney, Randy Seidl, Donald R. Friedman and Michael A. Morrison to the Board of Directors to serve for the ensuing year or until their respective successors are duly elected and qualified; and |
| 2. | The ratification of the appointment of RSM US LLP, Datawatch’s independent registered public accounting firm (“Auditor Ratification”). |
The final voting results as certified by the independent inspector of elections, Broadridge Financial Solutions, Inc., for each of the proposals submitted to a vote of the stockholders at the Annual Meeting are as follows:
| Director Nominee | Total Votes For | Total Votes Withheld | Broker Non-Votes | |||
| Richard de J. Osborne | 6,074,125 | 37,605 | 4,464,234 | |||
| Joan McArdle | 6,077,175 | 34,555 | 4,464,234 | |||
| Thomas H. Kelly | 5,577,257 | 534,473 | 4,464,234 | |||
| Christopher T. Cox | 6,077,505 | 34,225 | 4,464,234 | |||
| Colin Mahony | 6,071,825 | 39,905 | 4,464,234 | |||
| David C. Mahoney | 6,062,075 | 49,655 | 4,464,234 | |||
| Randy Seidl | 5,847,325 | 264,405 | 4,464,234 | |||
| Donald R. Friedman | 5,835,725 | 276,005 | 4,464,234 | |||
| Michael A. Morrison | 6,062,325 | 49,405 | 4,464,234 |
| Proposal | Total Votes For | Total Votes Against | Abstentions | Broker Non-Votes | ||||
| Auditor Ratification | 10,538,304 | 20,326 | 17,334 | 0 |
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.
| DATAWATCH CORPORATION | ||
| By: | /s/ James Eliason | |
| Name: | James Eliason | |
| Title: | Chief Financial Officer | |
Date: April 19, 2018