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Re: justdafactss post# 211175

Monday, 06/27/2022 5:05:08 PM

Monday, June 27, 2022 5:05:08 PM

Post# of 233110
As for mentioning a sub-clause of a plan in an SEC filing.....think of it this way...if all sub-clauses of every plan mentioned in a 10-K were included it would make reading these documents even more arduous. But, for sake of knowing that CytoDyn recognized and filed a declaration of their "Amended and Restated 2012 Equity Incentive Plan", look no further than their FY21 10-K report - Note 7 (Page 113) which states:


Note 7. Equity Awards and Warrants

The Company has one active stock-based equity plan at May 31, 2021, the CytoDyn Inc. Amended and Restated 2012 Equity Incentive Plan (the “2012 Plan”) and one stock-based equity plan that is no longer active, but under which certain prior awards remain outstanding, the CytoDyn Inc. 2004 Stock Incentive Plan (the “2004 Plan” and, together with the 2012 Plan, the “Incentive Plans”). In September 2020, the stockholders approved the CytoDyn Inc. Amended and Restated 2012 Equity Incentive Plan to increase the number of shares available for issuance from 25 million to 50 million shares, among other amendments. The total number of shares available to be issued will increase on the first day of each fiscal year in an amount equal to 1% of the total outstanding shares on the last day of the prior fiscal year, and the term of the Plan was extended for an additional 10 years to September 30, 2030. As of May 31, 2021, the Company had 15.3 million shares available for future stock-based grants under the 2012 Plan.


https://www.cytodyn.com/investors/sec-filings/annual-reports#document-18042-0001558370-21-009730

Not sure it is understood that CytoDyn's "Amended and Restated 2012 Equity Incentive Plan" is not a contract between parties but is an internal "benefit" plan that "provides for the grant of incentive stock options, nonqualified stock options, stock appreciation rights, restricted stock, restricted stock units and other stock-based awards to the Company’s employees (and the employees of any subsidiary), non-employee directors, and outside consultants or advisers." Pretty sure it's not covered under the consumer contractual law cited. If anyone feels that it falls under a "consumer contract" then I encourage to file a case with the Delaware Chancellery (https://courts.delaware.gov/chancery/) - I direct attention to the section "Attorneys and Litigants" for detailed information on directions to get a suit filed.

If there's any question of the "Amended and Restated 2012 Equity Incentive Plan" being approved or not, please refer to the 8-K announcing the passing of it by a narrow margin in favor.
https://www.cytodyn.com/investors/sec-filings/all-sec-filings/content/0001193125-20-261200/d935957d8k.htm?TB_iframe=true&height=auto&width=auto&preload=false

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