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UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

FORM 8-K

CURRENT REPORT

PURSUANT TO SECTION 13 OR 15(d) OF THE

SECURITIES EXCHANGE ACT OF 1934

Date of Report (Date of earliest event reported): June 9, 2022

Desktop Metal, Inc.

(Exact name of registrant as specified in its charter)

Delaware

    

001-38835

    

83-2044042

(State or other jurisdiction
of incorporation)

 

(Commission
File Number)

 

(IRS Employer
Identification No.)

63 Third Avenue
Burlington, Massachusetts

    

01803

(Address of principal executive offices)

 

(Zip Code)

(978) 224-1244

Registrant’s telephone number, including area code

N/A

(Former name or former address, if changed since last report.)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Securities registered pursuant to Section 12(b) of the Act:

Title of each class

    

Trading Symbol(s)

    

Name of each exchange on which registered

Class A common stock, par value $0.0001 per share

 

DM

 

New York Stock Exchange

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

Emerging growth company 

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.

Item 5.07. Submission of Matters to a Vote of Security Holders.

On June 9, 2022, the Company held its 2022 annual meeting of stockholders (the “Annual Meeting”). Proxies for the meeting were solicited in accordance with the Securities Exchange Act of 1934, as amended. At the Annual Meeting, the stockholders of the Company voted on the following proposals:

I.To elect the following persons as Class II directors until the Company’s 2025 annual meeting of stockholders. Each nominee for director was elected by a vote of the stockholders as follows:

Nominee

For

 

Against

Abstain

 

Broker Non-Votes

James Eisenstein

 

93,530,900

22,087,117

229,961

81,067,999

Wen Hsieh

 

107,004,633

8,639,974

203,371

81,067,999

Jeff Immelt

89,331,252

26,296,840

219,886

81,067,999

Stephen Nigro

 

104,911,499

10,735,845

200,634

81,067,999

Based on the foregoing votes, James Eisenstein, Wen Hsieh, Jeff Immelt, and Stephen Nigro were elected as directors.

II.To ratify the appointment of Deloitte & Touche LLP as independent registered public accounting firm for the year ending December 31, 2022. The proposal was approved by a vote of stockholders as follows:

For

 

Against

Abstain

194,099,834

1,883,374

932,769

Based on the foregoing votes, the appointment of Deloitte & Touche LLP was ratified.

III.To approve, on an advisory, non-binding basis, the compensation paid to our named executive officers.

For

 

Against

Abstain

 

Broker Non-Votes

111,536,185

3,935,375

376,418

81,067,999

Based on the foregoing votes, the stockholders approved, on an advisory basis, the compensation of the Company’s named executive officers.

IV.To approve, on an advisory, non-binding basis, the frequency of future advisory votes on compensation paid to our named executive officers.

1 Year

 

2 Years

 

3 Years

Abstain

 

Broker Non-Votes

114,593,192

253,359

422,338

579,089

81,067,999

Based on the foregoing votes, the stockholders advised that they were in favor of every one year as the frequency of holding a non-binding advisory vote on named executive officer compensation.

Based on the results of the vote, and consistent with the recommendation of the Company’s Board of Directors (the “Board”) with respect to the proposal, the Board has determined to hold a non-binding advisory vote regarding named executive officer compensation every one year until the next required non-binding advisory vote on the frequency of holding future votes regarding named executive officer compensation.

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

Desktop Metal, Inc.

 

Date: June 13, 2022

By:

/s/ Ric Fulop

Name:

Ric Fulop

Title:

Chief Executive Officer