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EBR Systems (EBRCZ) AGM OKs larger equity pool and option grants

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

Rhea-AI Filing Summary

EBR Systems, Inc. reported the results of its 2026 annual stockholder meeting held via webcast. Stockholders elected Class II directors John McCutcheon and Bronwyn Evans to serve until the 2029 annual meeting.

They also approved adding 18,010,366 shares of common stock to the 2021 Equity Incentive Plan under its evergreen provision and ratified multiple option grants to directors and related entities. These grants include options valued at US$716,154 for John McCutcheon, US$160,000 for Allan Will, and several US$130,000 awards for other directors and their nominated entities, all under Australian Securities Exchange listing rules.

Positive

  • None.

Negative

  • None.
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 Increase 18,010,366 shares Additional common stock reserved under 2021 Equity Incentive Plan
CEO Option Grant Value US$716,154 Options for John McCutcheon under 2021 Plan at time of grant
Option Grant to Allan Will US$160,000 Options under 2021 Plan at time of Board approval
Option Grants to Other Directors US$130,000 Individual option grant value for several directors and entities
Director Vote – McCutcheon 219,279,816 for; 2,140,682 withheld Election as Class II director
Director Vote – Evans 219,339,937 for; 2,080,561 withheld Election as Class II director
Equity Plan Proposal For Votes 166,610,416 for Approval of additional 18,010,366 plan shares
Equity Plan Uncast Shares 42,227,929 Votes not cast or disregarded under ASX Listing Rule 14.11.1
evergreen provision financial
"by operation of the “evergreen” provision set forth in the 2021 Plan"
An evergreen provision is a clause in a financing or contract that automatically renews or replenishes the arrangement unless one party actively cancels it, like a subscription that keeps renewing each term. For investors it matters because it creates predictable, ongoing access to funding or ongoing contractual obligations — helping liquidity and planning — but can also hide long-term commitments or dilution risks if not reviewed.
ASX Listing Rule 7.2 regulatory
"for the purposes of Exception 13 of Australian Securities Exchange (“ASX”) Listing Rule 7.2"
ASX Listing Rule 10.14 regulatory
"to Mr. John McCutcheon, pursuant to and for the purposes of ASX Listing Rule 10.14"
ASX Listing Rule 10.11 regulatory
"to the nominated holding of Dr. Bronwyn Evans, pursuant to and for the purposes of ASX Listing Rule 10.11"
Broker Non-Vote financial
"For | Against | Abstain | Broker Non-Vote | Uncast *"
Inline XBRL technical
"Cover Page Interactive Data (embedded within the Inline XBRL document)"
Inline XBRL is a file format for financial filings that embeds machine-readable data tags directly inside the human-readable report, so the same document can be read by people and parsed by software. For investors it makes extracting, comparing and verifying financial numbers faster and more reliable—like a grocery list where each item also has a barcode—reducing manual errors and speeding up analysis.
false 0001347123 0001347123 2026-05-06 2026-05-06 iso4217:USD xbrli:shares iso4217:USD xbrli:shares

 

 

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 6, 2026

 

EBR SYSTEMS, INC.
(Exact Name of Registrant as Specified in its Charter)

 

Delaware   000-56671   57-1164669
(State or Other
Jurisdiction of Incorporation)
  (Commission File Number)   (IRS Employer
Identification No.)

 

480 Oakmead Parkway

Sunnyvale, CA 94085

(Address of Principal Executive Office) (Zip Code)

 

Registrant's telephone number, including area code: (408) 720-1906

 

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 (see General Instruction A.2 below):

 

¨ 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: None

 

Title of each class Trading Symbol(s) Name of each exchange on which registered
None. None. None.

 

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 x

 

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.

 

EBR Systems, Inc. (the “Company”) held its 2026 annual meeting of stockholders on May 6, 2026 U.S. Pacific time (the “Annual Meeting”) virtually via live webcast. At the Annual Meeting, upon the recommendation of the Company’s board of directors (the “Board”), the Company’s stockholders voted on the ten proposals set forth below. A more detailed description of each proposal is set forth in the Company’s Proxy Statement filed with the Securities and Exchange Commission on March 25, 2026 (Pacific time) (the “Proxy Statement”).

 

Proposal 1 - Election of Directors. The Company’s stockholders elected the following Class II director nominees to hold office until the Company’s 2029 Annual Meeting of Stockholders. The results of the vote were:

 

Nominee For Withhold Broker Non-Vote
John McCutcheon 219,279,816 2,140,682 0
Bronwyn Evans, Ph.D. 219,339,937 2,080,561 0

  

Proposal 2 - Approval of the addition of 18,010,366 shares of Common Stock under the 2021 Equity Incentive Plan. The Company’s stockholders approved the addition of 18,010,366 shares of common stock, par value $0.0001 per share (“Common Stock”), as adjusted for any splits or combinations, to the number of shares of Common Stock reserved for issuance under the 2021 Equity Incentive Plan (“2021 Plan”), by operation of the “evergreen” provision set forth in the 2021 Plan, pursuant to and for the purposes of Exception 13 of Australian Securities Exchange (“ASX”) Listing Rule 7.2, as disclosed in the Proxy Statement. The results of the vote were:

 

For Against Abstain Broker Non-Vote Uncast *
166,610,416 12,056,707 525,446 0 42,227,929

 

* Represents shares underlying votes that were not cast held by holders subject to a voting exclusion on the matter or that were disregarded, pursuant to ASX Listing Rule 14.11.1, as further described in the Proxy Statement

 

Proposal 3 - Approval of Grant of Options to John McCutcheon. The Company’s stockholders approved the grant of options to acquire shares of Common Stock of the Company equal in value to US$716,154 (at the time of the grant) under the 2021 Plan to Mr. John McCutcheon, pursuant to and for the purposes of ASX Listing Rule 10.14, on the terms and conditions set out in the Proxy Statement. The results of the vote were:

 

For Against Abstain Broker Non-Vote Uncast *
175,654,250 3,273,635 264,684 0 42,227,929

 

Proposal 4 - Approval of Grant of Options to Allan Will. The Company’s stockholders approved the grant of options to acquire shares of Common Stock of the Company equal in value to US$160,000 (at the time of Board approval of the grant) under the 2021 Plan to Mr. Allan Will, pursuant to and for the purposes of ASX Listing Rule 10.14, on the terms and conditions set out in the Proxy Statement. The results of the vote were:

 

For Against Abstain Broker Non-Vote Uncast *
175,581,950 3,345,935 264,684 0 42,227,929

 

Proposal 5 - Approval of Grant of Options to Karen Drexler. The Company’s stockholders approved the grant of options to acquire shares of Common Stock of the Company equal in value to US$130,000 (at the time of Board approval of the grant) under the 2021 Plan to Ms. Karen Drexler, pursuant to and for the purposes of ASX Listing Rule 10.14, on the terms and conditions set out in the Proxy Statement. The results of the vote were:

 

For Against Abstain Broker Non-Vote Uncast *
175,639,625 3,288,260 264,684 0 42,227,929

 

   
 

 

Proposal 6 - Approval of Grant of Options to Trevor Moody. The Company’s stockholders approved the grant of options to acquire shares of Common Stock of the Company equal in value to US$130,000 (at the time of Board approval of the grant) under the 2021 Plan to Mr. Trevor Moody, pursuant to and for the purposes of ASX Listing Rule 10.14, on the terms and conditions set out in the Proxy Statement. The results of the vote were:

 

For Against Abstain Broker Non-Vote Uncast *
175,614,625 3,288,260 289,684 0 42,227,929

  

Proposal 7 - Approval of Grant of Options to David Steinhaus. The Company’s stockholders approved the grant of options to acquire shares of Common Stock of the Company equal in value to US$130,000 (at the time of Board approval of the grant) under the 2021 Plan to Dr. David Steinhaus, pursuant to and for the purposes of ASX Listing Rule 10.14, on the terms and conditions set out in the Proxy Statement. The results of the vote were:

 

For Against Abstain Broker Non-Vote Uncast *
175,614,625 3,288,260 289,684 0 42,227,929

 

Proposal 8 - Approval of Grant of Options to a Nominated Holding of Bronwyn Evans. The Company’s stockholders approved the grant of options to acquire shares of Common Stock of the Company equal in value to US$130,000 (at the time of Board approval of the grant) under the 2021 Plan to the nominated holding of Dr. Bronwyn Evans, pursuant to and for the purposes of ASX Listing Rule 10.11, on the terms and conditions set out in the Proxy Statement. The results of the vote were:

 

For Against Abstain Broker Non-Vote Uncast *
175,615,725 3,287,160 289,684 0 42,227,929

 

Proposal 9 - Approval of Grant of Options to a Nominated Entity of Chris Nave. The Company’s stockholders approved the grant of options to acquire shares of Common Stock of the Company equal in value to US$130,000 (at the time of Board approval of the grant) under the 2021 Plan to the nominated entity of Dr. Chris Nave, pursuant to and for the purposes of ASX Listing Rule 10.11, on the terms and conditions set out in the Proxy Statement. The results of the vote were:

 

For Against Abstain Broker Non-Vote Uncast *
175,614,625 3,284,210 293,734 0 42,227,929

 

No other matters were submitted for stockholder action at the Annual Meeting.  

 

Item 9.01. Financial Statements and Exhibits.

 

(d) Exhibits.

 

Exhibit    
Number   Description
     
     
104   Cover Page Interactive Data (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 7, 2026 EBR SYSTEMS, INC.
   
  By: /s/ John McCutcheon
  Name: John McCutcheon
  Title: Chief Executive Officer

 

 

 

 

 

 

FAQ

What did EBR Systems (EBRCZ) report in its latest 8-K filing?

EBR Systems reported results of its 2026 annual stockholder meeting. Shareholders elected two Class II directors, expanded the 2021 Equity Incentive Plan by 18,010,366 shares, and approved several option grants to directors and related entities under Australian Securities Exchange listing rules.

How did EBR Systems (EBRCZ) shareholders vote on director elections?

Shareholders elected John McCutcheon and Bronwyn Evans as Class II directors until the 2029 annual meeting. McCutcheon received 219,279,816 votes for and 2,140,682 withheld; Evans received 219,339,937 votes for and 2,080,561 withheld, with no broker non-votes reported for these items.

What change was approved to EBR Systems (EBRCZ) 2021 Equity Incentive Plan?

Shareholders approved adding 18,010,366 shares of common stock to the number reserved under the 2021 Equity Incentive Plan. This increase occurred via the plan’s evergreen provision and was approved for the purposes of Exception 13 of ASX Listing Rule 7.2, as described in the proxy statement.

Which EBR Systems (EBRCZ) executives or directors received option grants?

Approved option grants included US$716,154 in options for CEO John McCutcheon and US$160,000 for director Allan Will. Additional US$130,000 option grants were approved for directors Karen Drexler, Trevor Moody, David Steinhaus, and nominated holdings or entities of Bronwyn Evans and Chris Nave.

How did EBR Systems (EBRCZ) shareholders vote on expanding the equity plan?

For the equity plan share increase, 166,610,416 votes were cast for, 12,056,707 against, and 525,446 abstained, with no broker non-votes. An additional 42,227,929 shares were uncast due to voting exclusions or being disregarded under ASX Listing Rule 14.11.1.

Were any other matters voted on at EBR Systems (EBRCZ) 2026 annual meeting?

In total, nine proposals were considered: director elections, one proposal to increase shares under the 2021 Equity Incentive Plan, and eight proposals approving specific option grants. The company stated that no other matters were submitted for stockholder action at the annual meeting.

Filing Exhibits & Attachments

3 documents