Item
5.07 Submission of Matters to a Vote of Security Holders.
On
December 22, 2020, the Company held its 2020 annual meeting of stockholders (the “Meeting”). At the Meeting,
stockholders (i) re-elected two directors to serve as the Class I directors on the Company’s board of directors (the “Board”)
until the 2023 annual meeting of stockholders or until their successors are duly elected and qualified and (ii) ratified the selection
by the audit committee of the Board of WithumSmith+Brown, PC (“Withum”) to serve as the Company’s independent
registered public accounting firm for the year ending December 31, 2020.
Set
forth below are the final voting results for each of the proposals:
Proposal
No. 1 – Election of directors
David
Chao and Donna Wells were re-elected to serve as the Class I directors. The voting results were as follows:
|
|
For
|
|
|
Against
|
|
|
Abstain
|
|
|
Broker Non-Votes
|
David Chao
|
|
|
20,466,689
|
|
|
|
0
|
|
|
|
4,102,847
|
|
|
N/A
|
Donna Wells
|
|
|
20,470,767
|
|
|
|
0
|
|
|
|
4,098,769
|
|
|
N/A
|
Proposal
No. 2 – Ratification of independent registered public accounting firm
The
stockholders ratified the selection of Withum to serve as the Company’s independent registered public accounting firm for
the year ending December 31, 2020. The voting results were as follows:
For
|
|
Against
|
|
Abstain
|
|
Broker Non-Votes
|
24,522,969
|
|
20,747
|
|
|
25,820
|
|
N/A
|
Important Information About the Business Combination and Where
to Find It
In connection with the
proposed Business Combination, Apex intends to file the Proxy with the SEC. Apex will mail a definitive proxy statement and
other relevant documents to its stockholders. Apex’s stockholders and other interested persons are advised to read, when
available, the preliminary proxy statement and any amendments thereto and the definitive proxy statement and documents incorporated
by reference therein filed in connection with the Business Combination, as these materials will contain important information about
AvePoint, Apex and the Business Combination. When available, the definitive proxy statement and other relevant materials for
the Business Combination will be mailed to stockholders of AvePoint as of a record date to be established for voting on the Business
Combination. INVESTORS ARE URGED TO READ THE DEFINITIVE PROXY STATEMENT AND OTHER RELEVANT MATERIALS CAREFULLY AND IN THEIR ENTIRETY
WHEN THEY BECOME AVAILABLE BECAUSE THEY WILL CONTAIN IMPORTANT INFORMATION ABOUT THE COMPANY AND THE TRANSACTION. Stockholders
will also be able to obtain copies of the preliminary proxy statement, the definitive proxy statement and other documents filed
with the SEC that will be incorporated by reference therein, without charge, once available, at the SEC’s website at www.sec.gov,
or by directing a request to: Apex Technology Acquisition Corp., 533 Airport Blvd., Suite 400, Burlingame, CA 94010, Attention:
Secretary, (619) 736-6855.
Participants in the Solicitation
Apex and its directors
and executive officers may be deemed participants in the solicitation of proxies from Apex’s stockholders with respect to
the Business Combination. A list of the names of those directors and executive officers and a description of their interests in
Apex is contained in Apex’s annual report on Form 10-K for the fiscal year ended December 31, 2019, which was filed with
the SEC on March 27, 2020 and is available free of charge at the SEC’s website at www.sec.gov, or by directing a request
to Apex Technology Acquisition Corp., 533 Airport Blvd., Suite 400, Burlingame, CA 94010, Attention: Secretary, (619) 736-6855.
Additional information regarding the interests of such participants will be contained in the Proxy.
AvePoint and its directors
and executive officers may also be deemed to be participants in the solicitation of proxies from the stockholders of Apex in connection
with the Business Combination. A list of the names of such directors and executive officers and information regarding their interests
in the Business Combination will be included in the Proxy.