Thursday, August 09, 2012 12:07:10 AM
X. DIRECTOR ATTENDANCE AT ANNUAL SHAREHOLDER MEETINGS
It is the Board’s policy that, absent unusual or unforeseen circumstances, all of the directors of MUSCLEPHARM
are expected to attend each Annual Meeting of MUSCLEPHARM’s shareholders.
2. SEPARATION OF OFFICES OF CHAIRMAN AND CEO/LEAD DIRECTOR
The Board has no policy with respect to the separation of the offices of Chairman and the Chief Executive
Officer (“CEO”). However, the Board recognizes that the positions would be held separately if in the future
MUSCLEPHARM lists on NASDAQ.
Now, here's a big one with good implications for the shareholders:
The Compensation Committee shall consist of three to four members of the Board. Each member of the
Compensation Committee shall be independent in accordance with the independence criteria set forth in
any applicable SEC, listing or other laws, rules or regulations.
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From Annex B in the corporate governance PDF
1. A director who is, or has been within the last three years, an employee of the Corporation, or whose immediate family member is, or has been within the last three years, an executive officer of MSUSCLEPHARM, is not independent.
According to the handy chart they've drawn up http://musclepharm.com/sites/default/files/Board_of_Directors.pdf, the compensation committee will be Groussman, Prosser and Burr. And considering Groussman now owns a good amount of this stock, he's going to want to see some accountability at the CEO level (again, I'll believe it when I see it).
For those wanting to see an uplist, according to the corporate governance, there's more to an uplist than just price, such as a separation of the CEO and chairman of the board. However, I'm not sure of the ruling when there's a co-chair who is not CEO, such is the case with MSLP.
To prove I'm long and a "blood brother" of codie (though perhaps a dumber brother for having invested so much up to this point)
Good luck to all!
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