Item 8.01. Other Events
On December 14, 2021, AVITA Medical, Inc. (the Company)
commenced its 2021 Annual Meeting of Stockholders (the Annual
Meeting), as previously scheduled, and adjourned the Annual Meeting
until Wednesday December 22, 2021 at 1:00 p.m. Pacific Time,
being Thursday December 23, 2021 at 8:00 a.m. AEDT due to a
lack of quorum. The Annual Meeting was adjourned to allow the
Company’s stockholders additional time to vote on the proposals
described in the Company’s proxy statement for the Annual
Meeting.
The reconvened Annual Meeting will be held virtually at the
following link http://meetnow.global/MTJNRZR.
Stockholders who have already voted do not need to recast their
votes. Proxies previously submitted in respect of the Annual
Meeting will be voted at the adjourned Annual Meeting unless
properly revoked. During the period of the adjournment, the Company
will continue to solicit votes from its stockholders with respect
to the proposals for the Annual Meeting.
Previously, the voting cut-off date for holders of the
Company’s CHESS Depositary Interests (“CDIs”) was Sunday
December 12, 2021 at 5:00 pm Pacific Time, being Monday
December 13, 2021 at 12:00 noon AEDT. Due to the adjournment
of the Annual Meeting, the voting cut off time for CDI holders has
now been extended to Monday December 20, 2021 at 5:00 p.m.
Pacific Time, being Tuesday December 21, 2021 at 12 noon
AEDT.
The Company encourages all stockholders of record as at 5:00 p.m.
on October 26, 2021 Pacific Time who have not yet voted, to do
so by Tuesday December 21, 2021 at 5:00 p.m. Pacific Time,
being Wednesday December 22 at 12:00 noon AEDT.
Notwithstanding the foregoing, any votes properly received before
the close of the Adjourned Annual Meeting on December 22,
2021, will be accepted.
Additional Information and Where to Find It
This document may be deemed to be solicitation material in respect
of the Annual Meeting to be held on December 22, 2021. As
discussed in the press release filed as an exhibit to this filing,
the Company previously filed a definitive proxy statement with the
United States Securities and Exchange Commission on
November 9, 2021. BEFORE MAKING ANY VOTING DECISIONS, SECURITY
HOLDERS ARE URGED TO READ THE DEFINITIVE PROXY STATEMENT AND ANY
OTHER RELEVANT DOCUMENTS FILED WITH THE SEC, BECAUSE THEY CONTAIN
IMPORTANT INFORMATION ABOUT THE ADJOURNED MEETING. The definitive
proxy statement has been mailed to stockholders who are entitled to
vote at the Annual Meeting. No changes have been made in the
proposals to be voted on by stockholders at the Annual Meeting. The
Company’s proxy statement and any other materials filed by the
Company with the SEC can be obtained free of charge at the SEC’s
website at https://www.sec.gov/Archives/edgar/data/0001762303/000119312521323869/d225325ddef14a.htm
or on the Company’s website at www.avitamedical.com.
Participants in the Solicitation
The Company and its directors and executive officers and other
employees may be deemed to be participants in the solicitation of
proxies in respect of the Adjourned Meeting. The Company has also
engaged Okapi Partners LLC, a proxy solicitation firm, to assist
management with obtaining adequate votes to achieve the required
quorum of at least a majority of the outstanding shares of Common
Stock.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits.
