UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
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FORM
CURRENT REPORT
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Item 5.07. Submission of Matters to a Vote of Security Holders.
On May 16, 2023, ContraFect Corporation (the “Company”) convened its 2023 Annual Meeting of Stockholders (including any adjournments, continuations or postponements, the “Annual Meeting”). Due to the lack of a quorum, the meeting was adjourned to June 14, 2023.
On June 14, 2023, the Annual Meeting was reconvened. A total of 846,735 shares of common stock were present in person or represented by proxy at the reconvened Annual Meeting, representing approximately 54 percent of the Company’s outstanding common stock as of the March 27, 2023 record date. The following are the voting results for the proposals considered and voted upon at the meeting, each of which were described in the Company’s Definitive Proxy Statement filed with the Securities and Exchange Commission on April 3, 2023.
Item 1 — Election of eight directors for a term of office expiring on the date of the annual meeting of stockholders in 2024 and until their respective successors have been duly elected and qualified.
| NOMINEE | Votes FOR | Votes WITHHELD |
Broker Non-Votes | |||
| Lishan Aklog, M.D. |
343,909 | 55,254 | 447,572 | |||
| Sol J. Barer, Ph.D. |
364,388 | 34,775 | 447,572 | |||
| Jane F. Barlow |
369,143 | 30,020 | 447,572 | |||
| Steven C. Gilman, Ph.D. |
367,665 | 31,498 | 447,572 | |||
| David N. Low, Jr., M.B.A. |
367,623 | 31,540 | 447,572 | |||
| Michael J. Otto, Ph.D. |
366,978 | 32,185 | 447,572 | |||
| Roger J. Pomerantz, M.D., F.A.C.P. |
365,769 | 33,394 | 447,572 | |||
| Cary W. Sucoff, J.D. |
367,064 | 32,099 | 447,572 |
Item 2 — Ratification of the appointment of Ernst & Young LLP as the Company’s independent registered public accounting firm for the year ending December 31, 2023.
| Votes FOR | Votes AGAINST | Votes ABSTAINED | Broker Non-Votes | |||
| 812,718 | 27,698 | 6,319 | 0 |
Item 3 — Approval, on an advisory (non-binding) basis, of the compensation of the Company’s named executive officers.
| Votes FOR | Votes AGAINST | Votes ABSTAINED | Broker Non-Votes | |||
| 339,342 | 54,769 | 5,052 | 447,572 |
Based on the foregoing votes, the eight director nominees were elected and Items 2 and 3 were approved.
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.
| CONTRAFECT CORPORATION | ||||||
| Date: June 20, 2023 | By: | /s/ Natalie Bogdanos | ||||
| Natalie Bogdanos | ||||||
| General Counsel and Corporate Secretary | ||||||