The Marietta, Ga.-based company said that it plans to appeal the ruling, but is still planning to hold the meeting on that date.
“In all events, the company desires to hold the 2018 annual meeting at a time when the company can provide its shareholders with meaningful information so that shareholders would be in a position to act on an informed basis at the 2018 annual meeting,” the company said in an SEC filing.
MiMedx is fighting a proxy battle with former CEO Parker Petit, after the ouster last year of Petit and president & COO William Taylor and a board-directed independent probe that had already prompted the departure of CFO Michael Senken and treasurer John Cranston.
MiMedx said it would restate all of its earnings reports going back to 2012 and was cooperating with U.S. Securities & Exchange Commission and Justice Dept. investigations into the matter.
The company later said that all four executives’ departures were for cause, triggering the forfeit of all equity and incentive awards for the executives and Petit’s resignation from the board. Petit and Taylor denied the allegations in a statement from their lawyer.
In December, the accounting firm tapped to audit MiMedx’s books resigned in the wake of the financial issues the company faced.