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Robert Smith

Director at Hyperscale Data
Board

About Robert O. Smith

Robert O. Smith (age 80) is GPUS’s Lead Independent Director and Chair of the Audit Committee; the board has designated him an “audit committee financial expert.” He has served on the current board since 2016, with prior service from November 2010 to May 2015, and holds a BBA in Accounting from Ohio University . The board has determined he is independent under SEC and NYSE American standards .

Past Roles

OrganizationRoleTenureCommittees/Impact
Hyperscale Data, Inc. (f/k/a Ault Alliance)President, CEO, Chairman1990–2002Former chief executive; deep historical knowledge of the issuer
Computer Products, Inc. (Compower/Boschert division)President (division)1980–1990Senior operating leadership
Ametek/Lamb Electric; JM Smucker CompanyManagerial accounting roles1970–1980Finance and accounting foundation
Castelle CorporationDirector2004–2007Public company board experience
Hyperscale Data, Inc.Director (prior term)Nov 2010–May 2015Board governance continuity

External Roles

OrganizationRoleTenureCommittees/Impact
GWW (as referenced in company proxy)DirectorSince Sep 2022Public company directorship disclosed in GPUS filing
ROI (RiskOn International, Inc.)Lead Independent Director; Audit Committee ChairSince Oct 2023Governance leadership and audit oversight
Ault Disruptive (affiliate, now ceased)DirectorFeb 2021–Oct 2024Prior affiliate board; interlock history with other GPUS directors

Board Governance

  • Independence and leadership: The board classifies Smith as independent; he is Lead Independent Director and Chair of the Audit Committee, and is designated an “audit committee financial expert.” He also serves on the Nominating & Corporate Governance and Compensation Committees (member) .
  • Committee assignments (FY2024):
    • Audit Committee: Chair; independent; financial literacy affirmed .
    • Nominating & Governance: Member; chaired by M. Rosenberg .
    • Compensation: Member; chaired by J.A. Bentz .
  • Meeting activity (FY2024): Board met 9 times; Audit met 4 times; Nominating & Governance met 0 times (1 action by unanimous written consent); Compensation met 0 times (no actions by unanimous written consent) .
  • Director election slate (latest preliminary proxy): Smith stands as Lead Independent Director nominee; age 80; on board since 2016 .

Fixed Compensation

Director cash retainers for FY2024:

DirectorAnnual Retainer (Cash)Committee Chair FeeMeeting FeesNotes
Robert O. Smith$55,000Higher base due to additional Lead Independent Director services
Jeffrey A. Bentz$45,000Standard independent director base
Mordechai Rosenberg$45,000Standard independent director base
  • Policy note: Independent directors may receive discretionary bonuses; Board may adjust compensation if services exceed expectations (no bonuses disclosed for 2024) .

Performance Compensation

  • FY2024 non-employee director equity/option compensation: No stock awards or option awards were granted to Smith (or other independent directors) in 2024 per the disclosed table .
DirectorStock Awards ($)Option Awards ($)Performance Metrics Used
Robert O. SmithNot applicable (no equity granted in 2024)
  • Forward-looking: A subsequent preliminary proxy seeks stockholder approval for equity issuances to directors and executive officers to comply with NYSE American Rule 711, signaling potential future equity-based alignment (details not finalized in the excerpt reviewed) .

Other Directorships & Interlocks

CompanyRoleInterlock/Notes
GWW (as named in GPUS filing)DirectorSeparate directorship disclosed; details not elaborated in GPUS filing
ROI (RiskOn International, Inc.)Lead Independent Director; Audit ChairCross-ecosystem role; audit leadership
Ault DisruptiveFormer Director (through Oct 2024)Shared service history with GPUS director Jeffrey A. Bentz

Expertise & Qualifications

  • Audit and financial oversight: Designated “audit committee financial expert”; long-tenured chair of the Audit Committee .
  • Executive leadership: Former CEO/Chairman of GPUS (legacy era), division president at Computer Products; deep operating and financial background .
  • Education: BBA, Accounting, Ohio University .

Equity Ownership

  • Beneficial ownership (as of record date in 2025 DEF 14A): Smith beneficially owned 0 shares; indicated as less than 1% of outstanding .
  • Shares outstanding context: 1,706,356 Class A shares outstanding as of the record date noted in the proxy .
HolderBeneficially Owned SharesApprox. % of ClassNotes
Robert O. Smith0<1%Director; no reported ownership at record date
Class A Shares Outstanding (context)1,706,356As of record date referenced

Alignment signal: The absence of equity ownership and no FY2024 equity grants suggest limited direct “skin-in-the-game” for Smith relative to typical director equity practices .

Governance Assessment

  • Strengths

    • Independent leadership: Lead Independent Director with audit chair responsibilities and “financial expert” designation enhances oversight credibility .
    • Relevant experience: Prior CEO tenure at the issuer and extensive accounting/operational background support effective audit oversight and risk assessment .
    • Committee independence: Audit, Compensation, and Nominating/Governance committees comprised solely of independent directors per board determination .
  • Concerns / RED FLAGS

    • Committee inactivity: Nominating/Governance and Compensation Committees held zero meetings in FY2024, indicating weak committee engagement and potential oversight gaps .
    • Ownership alignment: Smith reported 0 beneficial ownership and received cash-only director compensation in 2024, with no equity awards—below typical alignment standards for public company directors .
    • Control and related-party context (company-level): Ault & Company and affiliates hold outsized voting power and the company relies on affiliated/convertible financings; while not tied to Smith personally, this environment elevates conflict risk that independent directors, including Smith as audit chair, must actively oversee .
    • Dilution exposure: Multiple proposals to approve conversions of notes (Orchid, SJC, Secure Net Capital, Target Capital) with potentially high dilution—again a company-level governance risk requiring rigorous independent oversight .
  • Outlook

    • Potential shift toward equity alignment: A preliminary proxy seeks approval for equity issuances to directors/executives (Rule 711), which, if adopted with robust performance conditions, could improve alignment; details pending final proxy/stockholder approval .

Overall: Smith brings credible independence and audit expertise, but low equity alignment and committee inactivity in FY2024 are notable governance weaknesses. Given the issuer’s complex capital structure and related-party financing context, sustained and transparent committee engagement—particularly by the audit and nominating/governance committees—will be critical to investor confidence .