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): November 18, 2020

Registrant’s telephone number, including area code: (888) 932-6537

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):

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

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 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.

Bylaws Amendment

On November 18, 2020, the Company’s Board of Directors approved an amendment to the Company’s bylaws to amend Section 8(c) thereof to change the voting standard for items, other than the election of directors, to be approved at a meeting of the shareholders from a majority of the shares present, in person or represented by proxy, and entitled to vote on the subject matter to a majority of the votes cast by holders of voting stock present in person or represented by proxy at the meeting and entitled to vote on such matter. The amendment also added a provision to Section 8(c) to clarify the effect of broker non-votes on non-routine matters, being that broker non-votes are counted for the purposes of establishing quorum but not for purposes of determining the number of votes cast of a matter that is determined to be non-rountine under applicable law, rules and regulations.

The full text of the amendment to the bylaws is set forth in Exhibit 3.1 hereto and is incorporated herein by reference.

Item 8.01 Other Events.

On November 18, 2020, the Company announced that, due to issues with the continued use of the prior location, it is moving its annual meeting of shareholders from 1630 Welton Street, Floor 4, Denver, CO 80202 to 357 S. McCaslin Blvd, 1^st Floor, Louisville, CO 80027. The annual meeting will continue to be held on November 30, 2020 at 9:00 a.m., local time. In relation to the change in meeting location, on November 18, 2020, the Company filed revised proxy materials with the Commission under cover of Schedule 14A and mailed an amended notice of meeting and the amended proxy materials to its stockholders of record as of October 23, 2020 (the record date for the annual meeting).

Item 9.01 Financial Statements and Exhibits.

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.

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