If the Merger is completed, we will have no public stockholders and there will be no public participation in any future meetings of Splunk Stockholders. However, if the Merger is not completed, Splunk Stockholders will continue to be entitled to attend and participate in stockholder meetings.
If the Merger is completed, Splunk does not expect to hold a 2024 annual meeting of Splunk Stockholders. However, if the Merger is not completed, Splunk will hold a 2024 annual meeting of Splunk Stockholders.
As described in our annual proxy statement for the 2023 annual meeting of Splunk Stockholders filed on May 9, 2023, Splunk Stockholders have the opportunity to submit proper proposals for inclusion in our proxy statement and for consideration at the annual meeting of Splunk Stockholders currently scheduled for June 24, 2024 (the “2024 annual meeting”) by submitting their proposals in writing to our Secretary in a timely manner by January 9, 2024, and otherwise complying with the requirements of Rule 14a-8 of the Exchange Act.
In addition, our bylaws establish an advance notice procedure with regard to business to be brought before an annual meeting, including Splunk Stockholder proposals not included in our proxy statement. For director nominations or other business to be properly brought before our 2024 annual meeting by a Splunk Stockholder, such Splunk Stockholder must deliver written notice to our Secretary at our principal executive offices no later than March 24, 2024, and no earlier than February 23, 2024. If the date of our 2024 annual meeting is advanced by more than thirty (30) calendar days or delayed by more than sixty (60) calendar days from the anniversary date of the 2023 annual meeting, notice of a proposal will be timely if it is received by our Secretary at our principal executive offices no earlier than the close of business on the one hundred twentieth (120th) day prior to the 2024 annual meeting and not later than the later of the close of business on the ninetieth (90th) day before the 2024 annual meeting or the tenth (10th) day following the day we first publicly announce the date of the 2024 annual meeting.
A copy of the full text of the bylaw provisions governing the notice requirements set forth above may be obtained by writing to our Corporate Secretary. All notices of proposals and director nominations by Splunk Stockholders should be sent to Splunk Inc., 270 Brannan Street, San Francisco, California 94107, Attention: Corporate Secretary.
