Item 5.07 Submission of Matters to a Vote of Security
Holders.
On September 23, 2016, the Company held its 2016 Annual
Meeting of Stockholders at its offices in Norcross, Georgia. As of the record date, August 24, 2016, there were 192,709,139 shares
of Common Stock outstanding. Represented at the meeting in person or by proxy were 151,393,959 votes representing 79 percent of
the total shares of Common Stock entitled to vote at the meeting. The following proposals were voted upon:
1.
To elect three directors;
The following three nominees were elected as directors
to serve until the 2017 Annual Meeting of Stockholders by votes as follows:
Gene S. Cartwright,
Vote Type
|
Voted
|
Voted (%)
|
For
|
47,419,831
|
89.93
|
Against
|
3,711,040
|
7.04
|
Abstain
|
1,595,601
|
3.03
|
Michael C. James,
Vote Type
|
Voted
|
Voted (%)
|
For
|
45,958,761
|
87.17
|
Against
|
4,756,264
|
9.02
|
Abstain
|
2,011,447
|
3.81
|
John E. Imhoff,
Vote Type
|
Voted
|
Voted (%)
|
For
|
48,957,673
|
92.85
|
Against
|
3,125,332
|
5.93
|
Abstain
|
643,467
|
1.22
|
There were 98,667,487 broker non-votes on this proposal.
2.
To approve an amendment to the Company’s certificate of incorporation to effect a 1-for-800
reverse stock split of all issued and outstanding shares of the Company’s common stock to be effected as soon as practicable
following such approval;
The proposal to approve the amendment to the Company’s
certificate of incorporation to effect a 1-for-800 reverse split was approved, and the votes were as follows:
Vote Type
|
Voted
|
Voted (%)
|
For
|
100,390,523
|
66.31
|
Against
|
49,410,780
|
32.64
|
Abstain
|
1,592,656
|
1.05
|
There were no broker non-votes on this proposal.
3.
To approve, on a non-binding, advisory basis, the compensation of the Company’s named
executive officers, as disclosed in the accompanying proxy statement pursuant to the compensation disclosure rules of the Securities
and Exchange Commission;
The proposal to approve on a non-binding, advisory basis,
the compensation of the Company’s named executive officers was approved, and the votes were as follows:
Vote Type
|
Voted
|
Voted (%)
|
For
|
42,599,605
|
80.79
|
Against
|
8,366,570
|
15.87
|
Abstain
|
1,760,297
|
3.34
|
There were no broker non-votes on this proposal.
4.
To ratify the appointment of UHY LLP as the Company’s independent registered public
accounting firm for the 2016 fiscal year; and
The proposal to ratify the appointment of UHY
LLP was approved, and the votes were as follows:
Vote Type
|
Voted
|
Voted (%)
|
For
|
137,784,112
|
91.01
|
Against
|
9,642,982
|
6.37
|
Abstain
|
3,966,865
|
2.62
|
There were no broker non-votes on this proposal.