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

This excerpt taken from the ENOC 10-Q filed Aug 13, 2008.
Item 4.  Submission of Matters to a Vote of Security Holders.

 

Our annual meeting of stockholders was held on Friday, May 9, 2008, in Boston, Massachusetts, at which the following matters were submitted to a vote of the stockholders:

 

(a)

 

Votes regarding the election of the person named below as a class I member to the board of directors for a three-year term and until his successor has been duly elected and qualified or until his earlier resignation or removal were as follows:

 

 

 

For

 

Withheld

 

Adam Grosser

 

16,309,729

 

293,087

 

 

(b)

 

Votes regarding ratification of the appointment of the accounting firm of Ernst & Young LLP as our independent registered public accounting firm for the current fiscal year were as follows:

 

For

 

Against

 

Abstentions

 

16,578,615

 

12,278

 

11,922

 

 

This excerpt taken from the ENOC 10-Q filed Oct 29, 2007.
Item 4.  Submission of Matters to a Vote of Security Holders

On April 30, 2007, we distributed a written consent to our stockholders requesting approval of an amendment to our certificate of incorporation to effect a stock split that was to become (and later became) effective prior to the closing of our IPO. Such action was effected pursuant to an action by written consent of our stockholders pursuant to Section 228 of the Delaware General Corporation Law. Written consents from stockholders holding an aggregate of 7,935,577 shares of our capital stock voting in favor of this matter were received by us and written consents were not received by us from stockholders holding an aggregate of 5,947,527 shares of our capital stock entitled to vote on such matter.

On May 9, 2007, we distributed a written consent to our stockholders requesting approval of the following matters in connection with our IPO: (i) the removal and re-election of Timothy Healy, Adam Grosser, David Brewster, William Lese, Philip Giudice, Richard Dieter and TJ Glauthier as directors, (ii) the amendment and restatement of our certificate of incorporation to implement certain corporate governance requirements and increases to our authorized capital stock that was to become (and later became) effective prior to the closing of our IPO, (iii) the amendment and restatement of our bylaws to provide certain changes consistent with our becoming a public company that was to become (and later became) effective prior to the closing of our IPO, (iv) the adoption of our 2007 Employee, Director and Consultant Stock Plan and (v) the approval of a form of indemnification agreement to be entered into between us and our directors, officers and certain employees. All such actions were effected pursuant to an action by written consent of our stockholders pursuant to Section 228 of the Delaware General Corporation Law. Written consents from stockholders holding an aggregate of 11,582,577 shares of our capital stock voting in favor of all of these matters were received by us and written consents were not received by us from stockholders holding an aggregate of 2,305,283 shares of our capital stock entitled to vote on such matters.

This excerpt taken from the ENOC 10-Q filed Aug 10, 2007.
Item 4.  Submission of Matters to a Vote of Security Holders

On April 30, 2007, we distributed a written consent to our stockholders requesting approval of an amendment to our certificate of incorporation to effect a stock split that was to become (and later became) effective prior to the closing of our IPO. Such action was effected pursuant to an action by written consent of our stockholders pursuant to Section 228 of the Delaware General Corporation Law. Written consents from stockholders holding an aggregate of 7,935,577 shares of our capital stock voting in favor of this matter were received by us and written consents were not received by us from stockholders holding an aggregate of 5,947,527 shares of our capital stock entitled to vote on such matter.

On May 9, 2007, we distributed a written consent to our stockholders requesting approval of the following matters in connection with our IPO: (i) the removal and re-election of Timothy Healy, Adam Grosser, David Brewster, William Lese, Philip Giudice, Richard Dieter and TJ Glauthier as directors, (ii) the amendment and restatement of our certificate of incorporation to implement certain corporate governance requirements and increases to our authorized capital stock that was to become (and later became) effective prior to the closing of our IPO, (iii) the amendment and restatement of our bylaws to provide certain changes consistent with our becoming a public company that was to become (and later became) effective prior to the closing of our IPO, (iv) the adoption of our 2007 Employee, Director and Consultant Stock Plan and (v) the approval of a form of indemnification agreement to be entered into between us and our directors, officers and certain employees. All such actions were effected pursuant to an action by written consent of our stockholders pursuant to Section 228 of the Delaware General Corporation Law. Written consents from stockholders holding an aggregate of 11,582,577 shares of our capital stock voting in favor of all of these matters were received by us and written consents were not received by us from stockholders holding an aggregate of 2,305,283 shares of our capital stock entitled to vote on such matters.

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