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Friday, January 12, 2018 10:09:48 AM
They are also incorporated in Delaware. They submitted a Q&A with their shareholder meeting proposals. They specifically discuss what their definition of a "broker non-vote" is. They deem a Reverse Stock Split as a "non-routine" proposal, and indicate that broker non votes would count against such a proposal. As a non-routine proposal, brokers would not have discretionary authority to vote on this proposal if they had not received instructions from the stock owner.
Here is a link to the Opgen shareholder material: https://seekingalpha.com/filing/3801775
See page 3 of their Q & A section.
If an attorney agrees with this opinion, I would be happy to contribute to our cause.
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