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Pursuant to Section 13 or 15(d)

of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): June 7, 2023




(Exact name of Registrant as Specified in Its Charter)




Delaware   001-41331   82-0606654
(State or Other Jurisdiction
of Incorporation)


File Number)

  (IRS Employer
Identification No.)


1800 El Camino Real, Suite D  
Menlo Park, California   94027
(Address of Principal Executive Offices)   (Zip Code)

Registrant’s Telephone Number, Including Area Code: (650) 331-9090

Not Applicable

(Former Name or Former Address, if Changed Since Last Report)



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:


Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)


Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)


Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))


Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Securities registered pursuant to Section 12(b) of the Act:


Title of each class




Name of each exchange

on which registered

Common Stock, $0.00001 par value   ANTX   The Nasdaq Global Select Market

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).

Emerging growth company  

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 June 7, 2023, AN2 Therapeutics, Inc. (the “Company”) held its 2023 annual meeting of stockholders (the “Annual Meeting”). Present at the beginning of the Annual Meeting via proxy were the holders of 16,610,548 shares of common stock of the Company, representing 85.50% of the 19,426,452 shares of common stock outstanding as of the close of business on April 19, 2023, the record date for the Annual Meeting, and constituting a quorum for the transaction of business.

At the Annual Meeting, the Company’s stockholders voted on two proposals, each of which is described in more detail in the Company’s definitive proxy statement on Schedule 14A filed with the U.S. Securities and Exchange Commission on April 26, 2023. The following is a brief description of each matter voted upon and the certified results, including the number of votes cast for or against each matter and, if applicable, the number of votes withheld, abstentions and broker non-votes with respect to each matter.



To elect the nominees Kabeer Aziz, Gilbert Lynn Marks, M.D. and Rob Readnour, Ph.D. as Class I directors until the Company’s 2026 annual meeting of stockholders or until their respective successors have been elected or appointed. The voting results were as follows:



   Votes For      Votes

Kabeer Aziz

     14,783,208        747,428        1,079,912        16,610,548  

Gilbert Lynn Marks, M.D.

     14,781,503        749,133        1,079,912        16,610,548  

Rob Readnour, Ph.D.

     14,607,802        922,834        1,079,912        16,610,548  



To ratify the appointment of PricewaterhouseCoopers LLP as the Company’s independent registered public accounting firm for the fiscal year ending December 31, 2023. The voting results were as follows:


Votes For


Votes Against





16,558,919   51,629   0   16,610,548


Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.


    AN2 Therapeutics, Inc.
Date: June 9, 2023     By:   /s/ Joshua Eizen
      Joshua Eizen
      Chief Legal Officer