AFFY » Topics » Item 4. Submission of Matters to a Vote of Security Holders.

This excerpt taken from the AFFY 10-K filed Mar 13, 2008.



Item 4.    Submission of Matters to a Vote of Security Holders.



        Not applicable.



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PART II.



This excerpt taken from the AFFY 10-K filed Apr 2, 2007.

Item 4.   Submission of Matters to a Vote of Security Holders.

In November 2006, we submitted certain matters to our stockholders for their approval by written consent in connection with our initial public offering. On November 22, 2006, our stockholders approved each of these matters, as set forth below. We did not receive written consents from every stockholder. On November 22, 2006, there were 41,527,386 shares of common stock outstanding (on an as-if converted basis and without giving effect to the one-for-four reverse split of our common stock and preferred stock effected on November 30, 2006). The results of the voting (on an as-if-converted basis and without giving effect to the one-for-four reverse split of our common stock and preferred stock effected on November 30, 2006) from the stockholders that returned written consents to us is as follows:

1. The amendment and restatement of our Amended and Restated Certificate of Incorporation to effect a one-for-four reverse split of our common stock and preferred stock, and in connection therewith, to reduce the number of outstanding shares of our capital stock;

For: 31,717,134
Against: 0

2. The amendment and restatement of our Amended and Restated Certificate of Incorporation following our initial public offering;

For: 31,717,134
Against: 0

3. The amendment and restatement of our Bylaws following our initial public offering;

For: 31,717,134
Against: 0

4. The adoption of the 2006 Equity Incentive Plan;

For: 31,717,134
Against: 0

5. The adoption of the 2006 Employee Stock Purchase Plan;

For: 31,717,134
Against: 0

7. The approval of our form of Indemnity Agreement; and

For: 31,717,134
Against: 0

8. The amendment of our 2001 Stock Option/Stock Issuance Plan to increase the number of shares available for issuance thereunder by 1,122,500 (280,625 shares on a post-reverse split basis).

For: 31,717,134
Against: 0

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PART II.

EXCERPTS ON THIS PAGE:

10-K
Mar 13, 2008
10-K
Apr 2, 2007
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