EYENOVIA, INC. Files 8-K on Security Holder Rights and Voting

TL;DR

EYENOVIA filed an 8-K on 6/12/24 covering security holder rights and voting matters.

AI Summary

On June 12, 2024, EYENOVIA, INC. filed an 8-K report detailing material modifications to the rights of its security holders and the submission of matters to a vote. The filing also includes financial statements and exhibits, indicating ongoing corporate actions and financial reporting.

Why It Matters

This filing is important for EYENOVIA, INC. security holders as it informs them about changes to their rights and matters being put to a vote, impacting their investment.

Risk Assessment

Risk Level: low — This is a routine corporate filing that primarily provides information to security holders and does not indicate immediate financial distress or significant operational changes.

Key Players & Entities

• EYENOVIA, INC. (company) — Registrant
• June 12, 2024 (date) — Date of earliest event reported
• Delaware (jurisdiction) — State of incorporation
• 295 Madison Avenue, Suite 2400, New York, NY 10017 (address) — Principal Executive Offices

FAQ

Key Financial Figures

• $0.0001 — h registered) Common stock, par value $0.0001 per share EYEN The Nasdaq Stock Mar

Filing Documents

• tm2417270d1_8k.htm (8-K) — 47KB
• tm2417270d1_ex3-1.htm (EX-3.1) — 9KB
• 0001104659-24-071527.txt ( ) — 230KB
• eyen-20240612.xsd (EX-101.SCH) — 3KB
• eyen-20240612_lab.xml (EX-101.LAB) — 33KB
• eyen-20240612_pre.xml (EX-101.PRE) — 22KB
• tm2417270d1_8k_htm.xml (XML) — 4KB

03. Material Modification to Right of Security Holders

Item 3.03. Material Modification to Right of Security Holders. On June 12, 2024, Eyenovia, Inc. ("Eyenovia") filed a certificate of amendment to its Third Amended and Restated Certificate of Incorporation, as amended (the "Charter Amendment") with the Secretary of State of Delaware to increase the total number of shares of common stock, par value $0.0001 per share, that Eyenovia will have authority to issue from 90,000,000 shares to 300,000,000 shares. The foregoing description of the Charter Amendment does not purport to be complete and is qualified in its entirety by reference to Exhibit 3.1, which is incorporated herein by reference.

07. Submission of Matters to a Vote of Security Holders

Item 5.07. Submission of Matters to a Vote of Security Holders. The 2024 Annual Meeting of Stockholders (the "Annual Meeting") of Eyenovia was held in a virtual format on June 12, 2024 at 10:00 AM EDT. Of Eyenovia's 50,957,869 shares of common stock issued and eligible to vote as of the record date of April 16, 2024, a quorum of 29,150,513 shares, or approximately 57.20% of the eligible shares, was present virtually or represented by proxy at the Annual Meeting. The actions set forth below were taken at the Annual Meeting. Each of the matters set forth below is described in detail in Eyenovia's definitive proxy 1. Election of the following directors of Eyenovia, to serve one-year terms expiring in 2025 or until their successors have been elected and qualified. Nominee Shares Voted For Shares Voted to Withhold Authority Broker Non-Votes Tsontcho Ianchulev, M.D., M.P.H 12,869,660 668,480 15,612,373 Michael Geltzeiler 12,834,087 704,053 15,612,373 Rachel Jacobson 12,245,524 1,292,616 15,612,373 Charles E. Mather IV 12,219,189 1,318,951 15,612,373 Ram Palanki, Pharm.D. 12,680,408 857,732 15,612,373 Michael Rowe 12,800,958 737,182 15,612,373 Ellen Strahlman, M.D. 12,808,982 729,158 15,612,373 2. Ratification of the appointment of Marcum LLP as Eyenovia's independent registered public accounting firm for the fiscal year ending December 31, 2024. Shares Voted For Shares Voted Against Shares Abstaining Broker Non-Votes 27,980,022 897,793 272,698 0 3. Approval, on an advisory basis, of the compensation of Eyenovia's named executive officers. Shares Voted For Shares Voted Against Shares Abstaining Broker Non-votes 12,152,261 1,188,271 197,608 15,612,373 4. Recommendation, on an advisory basis, of the preferred frequency of future stockholder advisory votes on the compensation of Eyenovia's named executive officers. 1 Year 2 Y

Financial Statements and Exhibits

Financial Statements and Exhibits. (d) Exhibits Exhibit No. Description 3.1 Certificate of Amendment of Third Amended and Restated Certificate of Incorporation of Eyenovia, Inc. 104 Cover Page Interactive Data File (embedded within the Inline XBRL document)

SIGNATURES

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. EYENOVIA, INC. Date: June 14, 2024 /s/ John Gandolfo John Gandolfo Chief Financial Officer

View Full Filing

View this 8-K filing on SEC EDGAR