Item 5.07 Submission of Matters to a Vote of Security Holders
On September 12, 2024, BARK, Inc. (the "Company") held its 2024 Annual Meeting of Stockholders (the "Annual Meeting") to consider and vote on the proposals set forth below, each of which is described in the Company's definitive proxy statement filed with the U.S. Securities and Exchange Commission on July 29, 2024. The final voting results are set forth below.
Proposal 1
Election of Class C Director Nominees
The stockholders elected the persons named below as Class C directors to serve a three-year term ending at the Company's 2027 annual meeting and until his or her successor is elected and qualified. The results of such vote were as follows:
|
Director Nominee
|
For
|
Withhold
|
Broker Non-Votes
|
Larry Bodner
|
88,658,790
|
382,457
|
40,108,824
|
Jim McGinty
|
84,036,233
|
5,005,014
|
40,108,824
|
Proposal 2
Ratification of Appointment of Independent Registered Public Accounting Firm
The stockholders ratified the appointment of Deloitte & Touche LLP as the Company's independent registered public accounting firm for the fiscal year ending March 31, 2025. The results of such vote were as follows:
|
For
|
Against
|
Abstain
|
Broker Non-Votes
|
128,697,753
|
362,174
|
90,144
|
N/A
|
Proposal 3
Advisory Vote to Approve the Compensation of the Company's Named Executive Officers
The stockholders approved, on an advisory basis, the compensation of the Company's named executive officers. The results of such vote were as follows:
|
For
|
Against
|
Abstain
|
Broker Non-Votes
|
88,134,300
|
751,425
|
155,522
|
40,108,824
|
Proposal 4
Approval of the Amendment to the Company's Certificate of Incorporation
The stockholders approved the amendment to the Company's Certificate of Incorporation to remove the waiver and renunciation of corporate opportunities related to the Company. Approval
of the amendment required the affirmative vote of the holders of at least a majority in voting power of the outstanding shares of stock entitled to vote thereon, voting together as a single class. At the close of business on July 16, 2024, the record date for Annual Meeting, there were 174,285,655 shares of the Company's common stock outstanding. The results of such vote were as follows:
|
For
|
Against
|
Abstain
|
Broker Non-Votes
|
88,647,895
|
283,701
|
109,651
|
40,108,824
|