Finally, any stockholder proposals
submitted for inclusion in the company's proxy materials for the annual meeting must be received by the corporate secretary on or before the above date and will be subject to the requirements of the proxy rules adopted under the US Securities Exchange Act of 1934, as amended, the company's charter and by-laws and Delaware law.
However, the two stockholder proposals
presented at the meeting have not been approved, it said.
Five stockholder proposals
presented at the meeting were each defeated by the following approximate vote percentages: Cumulative voting, 63 percent against; Independent director as chairman of the board, 86 percent against; Labeling products of cloning or genetic engineering, 92 percent against; Sustainability report, 60 percent against; Report on controlled-atmosphere killing, 91 percent against.
On September 18, however, the SEC reversed itself, clearing the way for a rash of stockholder proposals
challenging companies' discrimination policies.
Having moved the date of its meeting by over 30 days from the date of last year's annual meeting of stockholders, the deadline for submissions of stockholder proposals
for consideration at the meeting will be at the offices at 2344 Spruce Street, Suite A, Boulder, Colorado 80302, no later than 2 October 2014 and it also said that timely submission of a proposal does not guarantee its inclusion in the proxy materials.
The bank was successful in keeping stockholder proposals
on the bank's dividend and executive pay off its upcoming annual meeting ballot.
The company said that all stockholders at the close of business on 17 April 2014 will be entitled to vote at the annual meeting and that date will also be the deadline for stockholders to submit director nominations or stockholder proposals
for presentation at the meeting in writing, to the company's corporate secretary Eric Smith at 222 Central Park Avenue, Suite 2100, Virginia Beach, Virginia 23462.
Additionally, the company said that under Rule 14a-8 of the US Securities and Exchange Act of 1934, as amended and as set forth under the caption 'Stockholder Proposals
for 2014 Annual Meeting' in its proxy statement, stockholders are advised that the 3 October 2013 deadline continues to apply for any stockholder proposal
to be considered for inclusion in the proxy statement, for the 2014 meeting.