Item 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.
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Second part…
Item 8.01 Other Events.
On October 19, 2022, the Company filed its Definitive Proxy Statement on Schedule 14A (the “Proxy Statement”) with the U.S. Securities and Exchange Commission related to its annual meeting of stockholders to be held on December 14, 2022 (the “2022 Annual Meeting”). Subsequent to the filing of the Proxy Statement, the Company discovered an error in the section of the Proxy Statement entitled “Stockholder Proposals for 2023 Annual Meeting.” The Proxy Statement incorrectly noted the anticipated dates for the opening and closing of the advance notice period for stockholders to submit notice of director nominations and stockholder proposals (other than proposals made pursuant to Rule 14a-8 under the Exchange Act) to be properly brought before the Company’s annual meeting of stockholders to be held in 2023 (the “2023 Annual Meeting”) in accordance with the By-Laws as being from August 10, 2023 to September 12, 2023.
Given that the 2022 Annual Meeting was first convened on December 14, 2022 prior to it being subsequently adjourned to January 13, 2023, a stockholder’s notice of director nominations and stockholder proposals for the 2023 Annual Meeting must be received not earlier than August 16, 2023 and not later than the close of business on September 15, 2023 (except that, in the event that the date of the 2023 Annual Meeting is advanced by more than 20 days, or delayed by more than 60 days, from the first anniversary of the 2022 Annual Meeting (as first convened), a stockholder’s notice must be received no earlier than the 120th day prior to the 2023 Annual Meeting and not later than the close of business on the later of (A) the 90th day prior to the 2023 Annual Meeting and (B) the tenth day following the day on which notice of the date of the 2023 Annual Meeting was mailed or public disclosure of the date of the 2023 Annual Meeting was made, whichever first occurs).
Item 9.01 Financial Statements and Exhibits.
Exhibit number Description 3.1 Amended and Restated By-Laws of Ocean Power Technologies, Inc., as adopted on June 9, 2023. 104 Cover Page Interactive Data File (embedded within the Inline XBRL document).
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