apyx-20230810

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934

August 10, 2023

Date of Report (date of earliest event reported)
APYX MEDICAL CORPORATION
(Exact name of registrant as specified in its charter)
Delaware
0-12183
11-2644611
(State or other jurisdiction of incorporation or organization)
(Commission File Number)
(I.R.S. Employer Identification No.)
5115 Ulmerton Road, Clearwater, Florida33760
(Address of principal executive offices, zip code)
(727) 384-2323
Registrant's telephone number, including area code
_____________________________________________________________
(Former name or former address, if changed since last report.)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Securities registered pursuant to Section 12(b) of the Act:
Title of each class Trading Symbol(s) Name of each exchange on which registered
Common Stock APYX Nasdaq Global Select Market

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging growth company

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.


o



Item 5.07. Submission of Matters to a Vote of Security Holders.

On August 10, 2023, the following proposals were submitted to the stockholders of Apyx Medical Corporation (the "Company") at its annual meeting of stockholders: (1) the election of eight (8) directors; (2) the ratification of RSM US LLP as the Company's independent registered public accounting firm for the year ending December 31, 2023; and (3) the approval of the Company's 2023 Share Incentive Plan. The proposals are described in more detail in the Company's Definitive Proxy Statement on Schedule 14A filed with the U.S. Securities and Exchange Commission on June 23, 2023.

The following are the final voting results for each proposal.

Proposal 1: The Company's stockholders elected each of the following eight (8) directors to serve on the Board of Directors of the Company until their respective successors have been duly elected and qualified, by the following vote:
Name Number of Votes
Cast in Favor
Number of Votes
Cast Against
Number of Votes
Abstained
Andrew Makrides 18,748,227 224,464 16,442
Charles D. Goodwin 18,952,000 21,091 16,042
John Andres 18,725,266 136,424 127,443
Michael Geraghty 18,739,231 122,377 127,525
Lawrence J. Waldman 18,739,489 122,121 127,523
Craig Swandal 18,809,417 52,193 127,523
Minnie Baylor-Henry 18,739,671 122,019 127,443
Wendy Levine 18,806,895 55,195 127,043

Proposal 2:
The Company's stockholders ratified the appointment of RSM US LLP as the Company's independent registered public accounting firm for the year ending December 31, 2023 by the following vote:
Number of Votes
Cast in Favor
Number of Votes
Cast Against
Number of Votes
Abstained
24,542,917 26,534 53,343

Proposal 3: The Company's stockholders approved the Company's 2023 Share Incentive Plan by the following vote:
Number of Votes
Cast in Favor
Number of Votes
Cast Against
Number of Votes
Abstained
15,970,459 1,405,162 1,613,512


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.
Date: August 16, 2023 Apyx Medical Corporation
By: /s/ Tara Semb
Tara Semb
Chief Financial Officer, Secretary and Treasurer

Attachments

Disclaimer

Apyx Medical Inc. published this content on 16 August 2023 and is solely responsible for the information contained therein. Distributed by Public, unedited and unaltered, on 16 August 2023 19:55:04 UTC.