Zyversa Therapeutics stockholders approve increase in authorized shares and reverse stock split authorization

With respect to Proposal No. 4, stockholders approved an amendment and restatement of the Company’s 2022 Omnibus Equity Incentive Plan to increase the number of shares of common stock reserved for issuance thereunder by 4,000,000 shares to 5,453,107 shares. The voting results were as follows: Votes For Votes Against Abstentions Broker Non-Votes 10,934,711 4,536,157 117,603 4,399,790

With respect to Proposal No. 2, stockholders ratified the selection of Ernst & Young LLP as the Company’s independent registered public accounting firm for the year ending December 31, 2023. The voting results were as follows: Votes For Votes Against Abstentions Broker Non-Votes 16,455,384 3,112,652 420,225 -

With respect to Proposal No. 3, stockholders adopted and approved of an amendment to the Company’s Second Amended and Restated Certificate of Incorporation to increase the Company’s authorized number of shares of capital stock from 111,000,000 to 251,000,000 and the Company’s authorized shares of common stock from 110,000,000 shares to 250,000,000 by filing a Certificate of Amendment to the Company’s Second Amended and Restated Certificate of Incorporation in the form attached to the Proxy Statement with the Secretary of State of the State of Delaware. The voting results were as follows: Votes For Votes Against Abstentions Broker Non-Votes 13,435,628 6,334,939 217,694 -

With respect to Proposal No. 1, stockholders elected the two Class I director nominees (Gregory G. Freitag and James Sapirstein) to hold office for a term of three years and until their successors are duly elected and qualified. The voting results were as follows: Director Name Votes For Votes Withheld Broker Non-Votes Gregory G. Freitag 12,139,841 3,448,630 4,399,790 James Sapirstein 12,142,342 3,446,129 4,399,790

With respect to Proposal No. 5, stockholders adopted and approved an amendment to the Company’s Second Amended and Restated Certificate of Incorporation to effect a reverse stock split of the Company’s issued shares of common stock at a ratio within the range of not less than 1-for-10 and not greater than 1-for-50, with the exact ratio within such range to be determined at the sole discretion of the Company’s board of directors, without further approval or authorization of the Company’s stockholders before the filing of an amendment to the Second Amended and Restated Certificate of Incorporation effecting the proposed reverse stock split. The voting results were as follows: Votes For Votes Against Abstentions Broker Non-Votes 13,294,640 6,354,694 338,927 -