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Delcath (NASDAQ: DCTH) approves 1.8M-share boost to 2020 equity plan

Filing Impact
(Moderate)
Filing Sentiment
(Neutral)
Form Type
8-K

Rhea-AI Filing Summary

Delcath Systems, Inc. reported the results of its 2026 annual meeting of stockholders, where investors approved increasing the 2020 Omnibus Equity Incentive Plan by 1,800,000 shares of common stock. The plan provides additional shares for future equity-based awards to employees, directors and other participants.

Stockholders also elected two Class II directors to serve until the 2029 annual meeting, ratified CBIZ CPAs P.C. as independent auditor for the year ending December 31, 2026, and approved a non-binding advisory vote on executive compensation. Of 34,618,159 eligible common and convertible preferred shares, 23,346,271 shares, or about 67.44%, were represented at the meeting, indicating a solid voting turnout.

Positive

  • None.

Negative

  • None.
Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers Governance
Key personnel changes including departures, elections, or appointments of directors and executive officers.
Item 5.07 Submission of Matters to a Vote of Security Holders Governance
Results of a shareholder vote on proposals at an annual or special meeting.
Item 9.01 Financial Statements and Exhibits Exhibits
Financial statements, pro forma financial information, and exhibit attachments filed with this report.
Equity plan share increase 1,800,000 shares Additional common shares added to 2020 Omnibus Equity Incentive Plan
Shares eligible to vote 34,618,159 shares Common and convertible preferred stock eligible as of record date
Shares represented 23,346,271 shares Shares present or by proxy at 2026 annual meeting (~67.44%)
Plan amendment votes for 12,770,662 votes Votes in favor of increasing 2020 Omnibus Equity Incentive Plan
Auditor ratification votes for 22,719,287 votes Support for CBIZ CPAs P.C. as 2026 independent auditor
Say-on-pay votes for 13,244,653 votes Support for non-binding advisory vote on executive compensation
Director votes for (Czerepak) 14,903,665 votes Election as Class II director until 2029 annual meeting
Director votes for (Sylvester) 14,819,700 votes Election as Class II director until 2029 annual meeting
Omnibus Equity Incentive Plan financial
"approved an amendment to the Company’s 2020 Omnibus Equity Incentive Plan"
A single, company-wide plan that lets a business grant different kinds of stock-based pay — such as stock options, shares that vest over time, or other equity awards — to employees, directors and consultants. It matters to investors because it determines how much of the company can be paid out in shares, how quickly those shares enter the market, and how well employees are motivated to grow the business; think of it as a toolbox or menu for paying with ownership stakes that can dilute existing holders and affect company performance.
convertible preferred stock financial
"shares of the Common Stock and outstanding and convertible preferred stock eligible to vote"
Convertible preferred stock is a special class of company shares that pays priority, usually fixed, payments to holders and can be exchanged later for a set number of common shares. It matters to investors because it combines steady income and added protection with the chance to share in a company’s upside; think of it as a hybrid between a bond that pays regularly and an option to convert into growth-oriented stock, where the conversion rules influence both potential gains and how much common shareholders’ ownership may be reduced.
broker non-votes financial
"including the number of votes cast for and against each matter and, if applicable, the number of votes withheld, abstentions and broker non-votes"
Broker non-votes occur when a brokerage firm is unable to vote on a shareholder’s behalf during a company election or decision because the shareholder has not given specific voting instructions, and the broker is not allowed or chooses not to vote on certain matters. They are important because they can affect the outcome of votes, especially when the results are close, by effectively reducing the total number of votes cast.
independent registered public accounting firm financial
"as the Company’s independent registered public accounting firm for its fiscal year ending December 31, 2026"
An independent registered public accounting firm is an outside accounting company officially registered with the government regulator to examine and report on a public company's financial records and controls. Investors treat its reports like an impartial inspector’s certificate — they add credibility to financial statements, help spot errors or misleading claims, and reduce the risk that shareholders are relying on unchecked or biased numbers.
non-binding advisory vote financial
"approved a non-binding advisory vote on the compensation of the Company’s named executive officers"
A non-binding advisory vote is a shareholder vote that expresses investors’ opinion on a proposal (such as executive pay, corporate policy, or governance practices) but does not legally force the company to act. Think of it like a customer survey: it signals whether owners approve or disapprove and can pressure boards and managers to change course, so investors watch the result as an indicator of governance risk and potential future shifts in company strategy or leadership.
NASDAQ false 0000872912 0000872912 2026-05-13 2026-05-13
 
 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

 

FORM 8-K

 

 

CURRENT REPORT

Pursuant to Section 13 or 15(d)

of The Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): May 13, 2026

 

 

Delcath Systems, Inc.

(Exact name of registrant as specified in its charter)

 

 

 

Delaware   001-16133   06-1245881

(State or other jurisdiction

of incorporation)

 

(Commission

File Number)

 

(IRS Employer

Identification No.)

 

566 Queensbury Avenue

Queensbury, New York

  12804
(Address of principal executive offices)   (Zip Code)

Registrant’s telephone number, including area code: (518) 743-8892

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

 

Title of Each Class

 

Trading

Symbol(s)

 

Name of Each Exchange

on Which Registered

Common Stock, $0.01 par value   DCTH   The Nasdaq Capital 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 5.02

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

Omnibus Equity Incentive Plan

At the 2026 annual meeting of stockholders held on May 13, 2026 (the “Annual Meeting”), the stockholders of Delcath Systems, Inc. (the “Company”) approved an amendment to the Company’s 2020 Omnibus Equity Incentive Plan (the “2020 EIP”) to increase by 1,800,000 the number of shares of the Company’s common stock, $0.01 par value (the “Common Stock”) available thereunder.

A more detailed summary of the material features of the 2020 EIP, as amended, including the terms of stock option grants thereunder, is set forth in the Company’s definitive proxy statement for the Annual Meeting filed with the Securities and Exchange Commission on April 2, 2026 (the “2026 Proxy Statement”). That summary and the foregoing descriptions are qualified in their entirety by reference to the text of the 2020 EIP, as amended, which is attached as Exhibit 10.1 to this Current Report on Form 8-K and is incorporated herein by reference.

 

Item 5.07

Submission of Matters to a Vote of Security Holders

At the Annual Meeting, the Company’s stockholders voted on four proposals, each of which is described in more detail in the 2026 Proxy Statement. Of the 34,618,159 shares of the Common Stock and outstanding and convertible preferred stock eligible to vote as of the record date, 23,346,271 shares, or approximately 67.44%, were present or represented by proxy at the Annual Meeting.

The following is a brief description of each matter voted upon and the certified results, including the number of votes cast for and against each matter and, if applicable, the number of votes withheld, abstentions and broker non-votes with respect to each such matter.

Proposal 1. Stockholders elected the following nominees to serve as Class II directors on the board of directors of the Company (the “Board”) until the Company’s 2029 Annual Meeting or until their successors have been duly elected and qualified. The voting results for such nominees were as follows:

 

Director Name

   Votes For      Votes
Withheld
     Broker Non
-Votes
 

Elizabeth Czerepak

     14,903,665        456,973        7,985,633  

John R. Sylvester

     14,819,700        540,938        7,985,633  

Proposal 2. Stockholders approved the amendment to the 2020 EIP to increase by 1,800,000 the number of shares of Common Stock available under thereunder. The voting results were as follows:

 

Votes For   Votes Against   Abstentions  

Broker Non-

Votes

12,770,662   2,322,773   267,202   7,985,634

Proposal 3. Stockholders ratified the selection by the Audit Committee of the Board of CBIZ CPAs P.C. as the Company’s independent registered public accounting firm for its fiscal year ending December 31, 2026. The voting results were as follows:

 

Votes For   Votes Against   Abstentions  

Broker Non-

Votes

22,719,287   191,205   435,779   N/A

Proposal 4. Stockholders approved a non-binding advisory vote on the compensation of the Company’s named executive officers. The voting results were as follows:

 

Votes For   Votes Against   Abstentions  

Broker Non-

Votes

13,244,653   1,748,570   367,413   7,985,635

 


Item 9.01

Financial Statements and Exhibits

(d) Exhibits

 

Exhibit

No.

   Description
10.1    Delcath Systems, Inc. 2020 Omnibus Equity Incentive Plan, as amended
104    Cover Page Interactive Data File (embedded within the Inline XBRL document)

 


SIGNATURES

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.

 

Date: May 14, 2026   DELCATH SYSTEMS, INC.
    By:  

/s/ David Hoffman

    Name:   David Hoffman
    Title:   General Counsel, Chief Compliance Officer and Secretary

FAQ

What did Delcath Systems (DCTH) stockholders approve at the 2026 annual meeting?

Stockholders approved increasing the 2020 Omnibus Equity Incentive Plan by 1,800,000 shares of common stock, re-elected two Class II directors, ratified CBIZ CPAs P.C. as auditor for 2026, and backed a non-binding advisory vote on executive compensation.

How many Delcath Systems (DCTH) shares were eligible to vote and represented?

There were 34,618,159 shares of common and convertible preferred stock eligible to vote. A total of 23,346,271 shares, representing approximately 67.44%, were present or represented by proxy at the 2026 annual meeting.

What were the voting results for Delcath’s equity incentive plan amendment?

The amendment to increase the 2020 Omnibus Equity Incentive Plan by 1,800,000 shares received 12,770,662 votes for, 2,322,773 against, and 267,202 abstentions, with 7,985,634 broker non-votes recorded on this proposal.

Which auditor did Delcath Systems (DCTH) stockholders ratify for fiscal 2026?

Stockholders ratified CBIZ CPAs P.C. as Delcath Systems’ independent registered public accounting firm for the fiscal year ending December 31, 2026, with 22,719,287 votes for, 191,205 against, and 435,779 abstentions.

How did Delcath Systems (DCTH) stockholders vote on executive compensation?

In a non-binding advisory vote on named executive officer compensation, Delcath received 13,244,653 votes for, 1,748,570 against, and 367,413 abstentions, with 7,985,635 broker non-votes, indicating overall support for its pay practices.

Were Delcath Systems (DCTH) director nominees elected at the 2026 annual meeting?

Yes. Class II director nominees Elizabeth Czerepak and John R. Sylvester were elected. Czerepak received 14,903,665 votes for and 456,973 withheld, while Sylvester received 14,819,700 votes for and 540,938 withheld, plus 7,985,633 broker non-votes each.

Filing Exhibits & Attachments

4 documents