Vivani Medical shareholders approve reincorporation to Delaware and governance changes at annual meeting

Proposal 4A : The stockholders approved a proposal to include a provision of the Company’s new Certificate of Incorporation in Delaware (the “Delaware Charter”) disallowing cumulative voting, as set forth below: Votes Non-Votes 28,761,039 218,095 98,507 6,471,052

Proposal 3 : The stockholders approved a proposed reincorporation pursuant to which the Company will change the state of its incorporation from California to Delaware, as set forth below: Votes Non-Votes 28,968,542 103,485 5,614 6,471,052

Proposal 4C : The stockholders approved a proposal to include a provision of the Company’s new Bylaws in Delaware (the “Delaware Bylaws”) permitting only the Board to call special meetings, as set forth below: Votes Non-Votes 26,713,084 723,481 1,641,076 6,471,052

Proposal 4D : The stockholders approved a proposal to include provisions of the Delaware Charter and Bylaws disallowing action by written consent of stockholders, as set forth below: Votes Non-Votes 26,695,069 666,911 1,715,661 6,471,052

Proposal 1 : The stockholders elected each of the five director nominees to the Board of Directors of the Company (the “Board”) to serve until the 2024 Annual Meeting of Stockholders or until their successors have been duly elected and qualified, as set forth below: Director Name Votes Withheld Broker Non-Votes Gregg Williams 28,610,760 466,881 6,471,052 Aaron Mendelsohn 28,694,356 383,285 6,471,052 Dean Baker 29,005,584 72,057 6,471,052 Alexandra Larson 29,005,855 71,786 6,471,052 Adam Mendelsohn 29,007,613 70,028 6,471,052

Proposal 2 : The stockholders, on an advisory basis, ratified the appointment of BPM, LLP as Vivani’s independent registered public accounting firm for the fiscal year ending December 31, 2023, as set forth below: Votes Non-Votes 35,330,026 73,358 145,310 0

Proposal 4B : The stockholders approved a proposal to include a provision of the Delaware Charter limiting the Company’s stockholders’ right to remove directors without cause, as set forth below: Votes Non-Votes 28,074,961 988,192 14,488 6,471,052

Proposal 4E : The stockholders approved a proposal to include a provision of the Delaware Charter providing that, unless Vivani Delaware consents in writing to the selection of an alternate forum, certain intra-corporate claims may be brought exclusively in the Delaware Court of Chancery (or, if such court lacks subject matter jurisdiction, the other state or federal courts in the State of Delaware), as set forth below: Votes Non-Votes 27,299,674 130,461 1,647,506 6,471,052

Proposal 4F : The stockholders approved a proposal to include a provision of the Delaware Charter requiring any complaint asserting a cause of action under the Securities Act of 1933 to be brought exclusively in the federal district courts of the United States, unless the Company consents in writing to the selection of an alternative forum, as set forth below: Votes Non-Votes 27,315,559 116,065 1,646,017 6,471,052

Proposal 5 : The stockholders, on a non-binding advisory basis, approved the compensation of the Company’s named executive officers, as set forth below: Votes Non-Votes 28,751,018. 256,320 70,303. 6,471,052