false 2022-09-27 0001532390 The Alkaline Water Company Inc. 0001532390 2022-09-27 2022-09-27

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): September 27, 2022

THE ALKALINE WATER COMPANY INC.
(Exact name of registrant as specified in its charter)

Nevada 001-38754 99-0367049
(State or other jurisdiction (Commission (IRS Employer
of incorporation) File Number) Identification No.)

8541 E. Anderson Drive, Suite 100
Scottsdale, Arizona, United States 85255
(Address of principal executive offices) (ZIP Code)

Registrant’s telephone number, including area code: (480) 656-2423

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   Trading Symbols   Name of each exchange on which registered
Common stock, par value $0.001 per share   WTER   The Nasdaq Stock Market LLC

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.

Effective as of September 27, 2022, our company's 2020 Equity Incentive Plan was amended to increase the number of shares of common stock available for grant of non-stock awards by 5,000,000 shares.

Item 5.07 Submission of Matters to a Vote of Security Holders.

On September 27, 2022, we held an annual meeting of stockholders. At the meeting, our stockholders:

1. elected Frank Lazaran, David A. Guarino, Aaron Keay and Brian Sudano as the directors of our company;

2. ratified the appointment of Prager Metis CPAs, LLC as our independent registered public accounting firm; and

3. approved, ratified and confirmed the increase in the number of shares of common stock available for grant of non-stock option awards under our company's 2020 Equity Incentive Plan by 5,000,000 shares.

The final voting results for each of the proposals submitted to a vote of our stockholders are set forth below.

Proposal 1.  Election of Directors:

  For Against Abstain Broker Non-Votes
Frank Lazaran 41,129,121 5,563,775 270,283 34,760,502
David A. Guarino 40,930,726 5,669,710 362,743 34,760,502
Aaron Keay 40,460,212 6,146,864 356,102 34,760,502
Brian Sudano 40,620,591 5,978,013 364,575 34,760,502

Proposal 2.  To ratify the appointment of Prager Metis CPAs, LLC as our independent registered public accounting firm:

For Against Abstain Broker Non-Votes
79,471,921 552,302 1,249,458 34,760,502

Proposal 3.  To approve, ratify and confirm the increase in the number of shares of common stock available for grant of non-stock option awards under our company's 2020 Equity Incentive Plan by 5,000,000 shares:

For Against Abstain Broker Non-Votes
41,661,602 4,554,908 746,669 34,760,502


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.

THE ALKALINE WATER COMPANY INC.

/s/ David A. Guarino                                                

David A. Guarino

Chief Financial Officer and Director

September 30, 2022