EVI Industries, Inc.
Extract: Bylaws Amended/Restated (Plain English Desc) from a 10-K on 09/14/2020   Download
SEC Document
SEC Filing

On September 11, 2020, the Company’s Board of Directors adopted and approved the Amended and Restated Bylaws of the Company, which includes amendments to the Company’s Bylaws, as previously amended, to include advance notice provisions which stockholders of the Company will be required to comply with in order to nominate directors or bring other business before a meeting of the Company’s stockholders. The advance notice provisions have been added as new Sections 12 and 13 of Article II of the Amended and Restated Bylaws and (i) include requirements as to the timing of providing notice to the Company of the proposed business or director nominee (generally, in the case of the Company’s annual meeting of stockholders, not later than the close of business on the 90th day, nor earlier than the close of business on the 120th day, prior to the anniversary date of the immediately preceding annual meeting of stockholders of the Company) and (ii) set forth the information required to be included in the stockholder’s notice, which includes, without limitation, information about the proposing stockholder and certain other Proponents (as defined in the Amended and Restated Bylaws) as well as the proposal or director nominee. As permitted by Delaware law, the Amended and Restated Bylaws also specifically allow the Company to hold stockholder meetings by means of remote communication (such as a virtual-only meeting or hybrid virtual meeting) if so determined by the Company’s Board of Directors. In addition the Amended and Restated Bylaws reflect ministerial changes, including the deletion of items that were historical in nature and certain updates to conform the Amended and Restated Bylaws to the current provisions of Delaware corporate law.