Exhibit 99.1
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):
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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 (see General Instruction A.2. below):
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Securities registered pursuant to Section 12(b) of the Act:
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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).
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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 12, 2023, American Battery Technology Company (the “Company”) held its 2023 Annual Meeting of Stockholders (the “Annual Meeting”), where two proposals were voted on. The proposals are described in detail in the Company’s definitive proxy statement filed with the securities and exchange commission on October 3, 2023. Of the 46,139,014 shares of the Company’s common stock outstanding and entitled to vote at the Annual Meeting, 27,162,305 shares (or 58.87%), constituting a quorum, were represented in person or by proxy at the Annual Meeting.
The final voting results on each proposal are set forth below.
Proposal 1: The stockholders elected five directors to hold office until the next Annual Meeting or until their successors are duly elected and qualified, subject to prior death, resignation, or removal. The votes on this proposal were:
| NAME | FOR | WITHHELD | BROKER NON-VOTES | |||||||||
| Ryan Melsert | 14,913,739 | 426,965 | 11,821,601 | |||||||||
| Elizabeth Lowery | 14,761,569 | 579,135 | 11,821,601 | |||||||||
| Julie Blunden | 13,866,326 | 1,474,378 | 11,821,601 | |||||||||
| D. Richard (Rick) Fezell | 14,720,666 | 620,038 | 11,821,601 | |||||||||
| Sherif Marakby | 14,769,910 | 570,794 | 11,821,601 | |||||||||
Proposal 2: The stockholders ratified the appointment of Marcum LLP as the Company’s independent registered public accounting firm for the fiscal year ending June 30, 2024. The votes on this proposal were:
| FOR | AGAINST | ABSTAIN | BROKER NON-VOTES | ||||||||||
| 26,173,113 | 591,998 | 397,194 | 0 | ||||||||||
The results reported above are final voting results. No other matters were considered or voted upon at the meeting.
Item 7.01 Regulation FD Disclosure.
The Company made a presentation at the Annual Meeting. The Company is making such presentation available to stockholders by furnishing the presentation as Exhibit 99.1 to this Current Report on Form 8-K. The information in this Item 7.01 of this Current Report on Form 8-K, including the exhibit hereto, is furnished pursuant to Item 7.01 and shall not be deemed “filed” for any purpose, including for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities of Section 18. The information in this Item 7.01 of this Current Report on Form 8-K, including the exhibit furnished herewith, shall not be deemed incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, regardless of any general incorporation language in any such filing.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits:
| Exhibit No. | Description | |
| 99.1 | 2023 Stockholder Meeting Presentation | |
| 104 | Cover Page Interactive Data File (formatted in Inline XBRL and included as Exhibit 101). |
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| AMERICAN BATTERY TECHNOLOGY COMPANY | ||
| Date: December 13, 2023 | By: | /s/ Ryan Melsert |
| Ryan Melsert | ||
| Chief Executive Officer | ||
Exhibit 99.1