The window to nominate a director for the 2026 annual meeting shut on Sunday, and the meeting date is still not public
WHAT HAPPENEDThe bylaw window for stockholder proposals and director nominations at the 2026 annual meeting shut at the close of business on Sunday, September 13. It had opened on August 14.1
WHAT CHANGEDAt the last briefing it was open with thirteen days to run. It is shut, and nothing has been filed since to announce the date of the meeting.1,2
WHY IT MATTERSThe same paragraph reopens it for ten days after a public announcement if the meeting falls more than 30 days before, or more than 60 days after, December 12. The meeting date, still unset, is what decides whether nominations are shut. Whether a submission on Monday the 14th would count against a Sunday deadline is a question for counsel.2,3
WHO OWNS ITThe bylaws name the Secretary of the Company. Scott Bartley has held that office, with Interim Chief Financial Officer and Treasurer, since October 27, 2025.1,4
WHAT IS LATENothing. A window shut on its own terms, and the June 30 deadline for proposals printed in the proxy has already gone by.5
WHAT DECISION IS REQUIREDSet the date of the 2026 annual meeting. That one choice settles this window, the proxy calendar and item five.
WHAT TO DO NEXTNext board agenda. Ask the Secretary to confirm on the record what came in between August 14 and September 13.
- 1Definitive proxy statement (DEF 14A) for the December 12, 2025 annual meeting · SEC filing · Oct 28, 2025 “any stockholder who would like to have a proposal considered at our 2026 annual meeting of stockholders must submit the proposal to the Secretary of the Company” / “not earlier than the close of business on August 14, 2026, and not later than the close of business on September 13, 2026”
- 2Definitive proxy statement (DEF 14A) for the December 12, 2025 annual meeting · SEC filing · Oct 28, 2025 “unless the date of our 2026 annual meeting is more than 30 days before or more than 60 days after December 12, 2026, in which case the proposal must be received no later than the 10th day following the day on which public announcement of the date of such meeting is first made”
- 3Form 8-K: annual meeting results and Amendment No. 3 to the Rights Agreement · SEC filing · Dec 17, 2025 “On December 12, 2025, the Company held its annual meeting of stockholders”
- 4Form 8-K, Item 5.02: appointment of an Interim Chief Financial Officer · SEC filing · Oct 31, 2025 “On October 27, 2025, the Board of Directors” / “appointed Scott Bartley, as Interim Chief Financial Officer, Treasurer and Secretary of the Company”
- 5Definitive proxy statement (DEF 14A) for the December 12, 2025 annual meeting · SEC filing · Oct 28, 2025 “in order for a stockholder proposal to be included in the Company's proxy statement for its 2026 annual meeting, such proposal must be received at the Company's principal executive offices”