UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM
CURRENT REPORT
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| Item 5.07 | Submission of Matters to a Vote of Security Holders. |
The 2024 Annual Meeting of Stockholders of Vivani Medical, Inc. (“Vivani” or the “Company”) was held on June 27, 2024 (the “Annual Meeting”). Holders of 35,232,561 of 54,978,465 shares of Vivani’s common stock were represented at the meeting in person or by proxy, constituting a quorum. The following are the voting results on each matter submitted to the stockholders of Vivani at the Annual Meeting.
Proposal 1: The stockholders elected each of the six director nominees to the Board of Directors of the Company (the “Board”) to serve until the 2025 Annual Meeting of Stockholders or until their successors have been duly elected and qualified, as set forth below:
| Director Name | Votes For | Votes Withheld | Broker Non-Votes |
| Gregg Williams | 24,143,432 | 190,883 | 10,898,246 |
| Aaron Mendelsohn | 24,083,342 | 250,476 | 10,898,743 |
| Dean Baker | 24,221,582 | 112,733 | 10,898,246 |
| Alexandra Larson | 24,263,731 | 70,584 | 10,898,246 |
| Adam Mendelsohn | 24,184,031 | 150,284 | 10,898,246 |
| Daniel Bradbury | 24,057,281 | 276,537 | 10,898,743 |
Proposal 2: The stockholders ratified the appointment by the Audit Committee of the Board of BPM LLP as Vivani’s independent registered public accounting firm for the fiscal year ending December 31, 2024, as set forth below:
| Votes For | Votes Against | Votes Abstained | Broker Non-Votes |
| 34,974,648 | 195,530 | 62,383 | 0 |
Proposal 3: The stockholders approved, on a non-binding advisory basis, the compensation of the Company’s named executive officers, as set forth below:
| Votes For | Votes Against | Votes Abstained | Broker Non-Votes |
| 22,484,128 | 203,434 | 1,646,753 | 10,898,246 |
| Item 9.01 | Financial Statements and Exhibits. |
(d) Exhibits.
| Exhibit No. | Description | |
| 104 | Cover Page Interactive Data File (embedded within the Inline XBRL document). |
SIGNATURE
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.
| VIVANI MEDICAL, INC. | ||
| Date: June 28, 2024 | By: | /s/ Adam Mendelsohn |
| Name: | Adam Mendelsohn | |
| Title: | Chief Executive Officer | |