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 |
On May 17, 2023, Zynex, Inc. (the “Company”) held its Annual Meeting of Stockholders at the Company’s headquarters in Englewood, Colorado, for which meeting the Company filed, on March 30, 2023, a Proxy Statement on Schedule 14A (“Proxy Statement”). A total of 29,729,858 shares of common stock representing approximately 81% of the aggregate shares outstanding and eligible to vote and constituting a quorum were represented in person or by valid proxies at the annual meeting.
Thomas Sandgaard, Barry D. Michaels, Michael Cress and Joshua R. Disbrow were each elected as directors of the Company to serve until the next annual meeting of stockholders.
The majority of the stockholders voted in favor of the non-binding advisory proposal of the compensation disclosed in the Proxy Statement of the Company’s executive officers who are named in the Proxy Statement’s Summary Compensation Table.
The stockholders ratified the appointment of Marcum LLP as the Company’s independent registered public accounting firm for the fiscal year ending December 31, 2023.
The final voting results on these matters were as follows:
1. Election of Directors:
| Name | Votes For | Votes Withheld | Broker Non-Votes | |||
| Thomas Sandgaard | 24,900,661 | 292,691 | 4,536,506 | |||
| Barry D. Michaels | 24,019,379 | 1,173,973 | 4,536,506 | |||
| Michael Cress | 24,031,364 | 1,161,988 | 4,536,506 | |||
| Joshua R. Disbrow | 19,655,426 | 5,535,443 | 4,538,989 |
2. Non-Binding Advisory Vote of Executive Compensation set forth in the Company’s Proxy Statement Summary Compensation Table:
| Votes For | Votes Against | Votes Abstained | Broker Non-Votes | |||
| 23,653,381 | 727,977 | 811,994 | 4,536,506 |
3. Ratification of appointment of Marcum LLP as the Company’s independent registered public accounting firm for the fiscal year ending December 31, 2023:
| Votes For | Votes Against | Votes Abstained | |||||||
| 28,529,564 | 12,021 | 1,188,273 | |||||||
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.
| ZYNEX, INC. | ||
| Date: May 17, 2023 | By: | /s/ Dan Moorhead |
| Dan Moorhead | ||
| Chief Financial Officer |