UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date
of Report (Date of earliest event reported):
(Exact name of registrant as specified in its charter)
| (State or other jurisdiction of | (Commission | (IRS Employer | ||
| incorporation or organization) | File Number) | Identification No.) |
(Address of principal executive offices)
(Registrant’s telephone number, including area code)
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 | ||
| The
|
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 December 27, 2024, Vivakor, Inc. (the “Company”) held its 2024 annual meeting of stockholders (the “Annual Meeting”). The total shares voted at the meeting were 24,598,766, meaning greater than 50% of the shares of common stock outstanding and entitled to vote at the Annual Meeting were present in person or by proxy thereby constituting a quorum. The results of the matters voted on by the Company’s stockholders are set forth immediately below.
Proposal 1
Election of the four nominees to the Company’s board of directors:
| Name | Votes For | Votes Against | Withheld | Percentage Voted For | ||||||||||||
| James Ballengee | 24,544,488 | 0 | 54,278 | 59.85 | % | |||||||||||
| Tyler Nelson | 20.248,337 | 0 | 4,350,429 | 49.37 | % | |||||||||||
| John Harris | 24,515,038 | 0 | 83,728 | 59.78 | % | |||||||||||
| Albert Johnson | 24,411,171 | 0 | 187,595 | 59.27 | % | |||||||||||
| Michael Thompson | 24,544,588 | 0 | 54,178 | 59.85 | % | |||||||||||
Proposal 2
Ratification of the selection of Urish Popeck & Co., LLC as the Company’s independent registered public accounting firm for the fiscal year ending December 31, 2024:
| Votes For | Votes Against | Votes Abstained | Broker Non-Votes | |||||||||
| 24,541,945 | 7,827 | 0 | — | |||||||||
Proposal 3
Approval, on a non-binding advisory basis, the compensation of the Company’s named executive officers:
| Votes For | Votes Against | Votes Abstained | Broker Non-Votes | |||||||||
| 24,371,967 | 108,923 | 117,876 | — | |||||||||
On the basis of the above votes, (i) James Ballengee, Tyler Nelson, John Harris, Albert Johnson and Michael Thompson were elected as members of the Board; (ii) the proposal to ratify the selection of Urish Popeck & Co., LLC as the Company’s independent registered public accountant for the fiscal year ending December 31, 2024 was adopted; and (iii) the proposal to approve on a non-binding advisory basis, the compensation of the Company’s named executive officers was adopted.
1
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.
| VIVAKOR, INC. | |||
| Dated: January 3, 2025 | By: | /s/ James Ballengee | |
| Name: | James Ballengee | ||
| Title: | Chief Executive Officer | ||
2