VHAQ Viveon Health Acquisition Corp

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

Special Meeting of Viveon Health Acquisition Corp. 

On December 21, 2022, Viveon Health Acquisition Corp. (“Viveon”) called to order the Special Meeting of its Stockholders (the “Special Meeting”) for the purpose of approving, among other things, the proposed business combination between Viveon and Suneva Medical, Inc. (“Suneva”). For more information on the Special Meeting proposals, please refer to the Company’s proxy statement/prospectus, dated November 14, 2022, as supplemented on November 23, 2022. As of November 8, 2022, the record date, there was a total of 10,064,124 shares of common stock issued and outstanding and entitled to vote at the Special Meeting. Proxies were received for 8,932,032 shares of common stock, or approximately 88.75% of the shares issued and outstanding and entitled to vote at the Special Meeting; therefore a quorum was present. The Special Meeting was adjourned until 10:30 a.m. Eastern Time on January 20, 2023. The Adjournment Proposal received the following final voting results:

Annual Meeting of Viveon Health Acquisition Corp.

Viveon held its 2022 Annual Meeting of Stockholders (“Annual Meeting”) at 10:30 a.m. Eastern Time on December 23, 2022 for the purpose of approving: (i) the Second Extension Proposal; (ii) the Director Election Proposal; (iii) the Auditor Ratification Proposal; and (iv) the Adjournment Proposal, if needed. For more information on these proposals, which are described below, please refer to the Company’s proxy statement dated November 17, 2022. As of the record date of November 8, 2022, there was a total of 10,064,124 shares of common stock issued and outstanding and entitled to vote at the Annual Meeting. Proxies were received for 9,685,349 shares of common stock, or approximately 96.24% of the shares issued and outstanding and entitled to vote at the Annual Meeting; therefore a quorum was present.

Second Extension Proposal — a proposal to amend the Company’s amended and restated certificate of incorporation, to allow the Company to extend the date to consummate a business combination on a monthly basis for up to six times by an additional one month each time for a total of up to six months from December 28, 2022 until June 30, 2023 (the “Second Extended Date”), upon three calendar days’ advance notice prior to the applicable monthly deadline, unless the closing of the proposed Business Combination with Suneva Medical Inc., or any potential alternative initial business combination shall have occurred prior to the Second Extended Date.

Stockholders voted to approve the Second Extension Proposal. The Second Extension Proposal received the following final voting results:

Director Election Proposal — a proposal to re-elect the five current directors to the Company’s Board of Directors.

The five director nominees proposed by the Company’s Board of Directors were each elected to serve as a director until their successors are duly elected and qualified or until their earlier resignation or removal. The final voting results for each nominee were as follows:

Auditor Ratification Proposal — a proposal to ratify the appointment of Marcum LLP, as the Company’s independent auditors, for the fiscal year ending December 31, 2021.

Stockholders voted to ratify the appointment of Marcum LLP as the Company’s independent registered certified public accountants for the fiscal year ending December 31, 2021. The Auditor Ratification Proposal received the following final voting results: