Replies to post #169465 on NorthWest Biotherapeutics Inc (NWBO)

[AVII77]

No need to worry if you don’t vote that will Automatically equal and count as a yes vote.

This is not correct.

Because this vote is characterized as "non-routine", if you don't vote it will be the same as voting no.

Had it been characterized as "routine" then, if you don't vote (if you don't instruct your broker) then the broker may vote your uninstructed shares as he thinks best. In that case, you not voting may, and often does, result in a "yes" vote (brokers vote in support of management rec's most of the time).

It's ironic that a self proclaimed biotech investing expert spent all night trying to convince one shareholder of the importance of voting "yes" but failed to see that your public mischaracterization of the voting mechanics here might have far worse consequences for the outcome.

With respect to “non-routine” matters, such as Proposal No. 1, Proposal No. 2 and Proposal No. 3, a bank, brokerage firm or other nominee is not permitted under the rules governing self-regulatory organizations, or SRO rules, to vote its clients’ shares if the clients do not provide instructions. The bank, brokerage firm or other nominee will so note on the voting instruction form and this constitutes a “broker non-vote.” Broker non-votes and abstentions, if any, will have the effect of votes “AGAINST” with respect to such non-routine matters.

For the record, I think it should have been characterized as a "routine" matter. But the proxy makes it clear the vote counts will follow "non-routine" matter rules. (Other publicly traded companies have nullified the vote on authorized share increases after failing to characterize the voting (routine vs non-routine) correctly).