Better Choice Co Inc
For the period ended Jun 30, 2024. Filed Aug 14, 2024.
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A company's report for each of its first three quarters. The financial statements are not audited. It shows how the business has moved since the last annual report, and what management says changed.
Jun 30, 2024 · Filed Aug 14, 2024
SRXH$0.81+1.5%Stored close · as of Nov 6, 2026
Extracted filing text, with the paragraph anchors used by the comparison.
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Item 6. Exhibits
| ITEM 6. | EXHIBITS AND FINANCIAL STATEMENT SCHEDULES |
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The following exhibits are filed herewith.
EXHIBIT INDEX
| Exhibit | Exhibit Description | Form | File No. | Exhibit | Filing date |
|---|---|---|---|---|---|
| 3.1 | Certificate of Incorporation, dated January 1, 2019 | 10-Q | 333-161943 | 3.1 | 04/15/2019 |
| 3.2 | Certificate of Amendment to Certificate of Incorporation, dated February 1, 2019 | 10-Q | 333-161943 | 3.2 | 04/15/2019 |
| 3.3 | Certificate of Amendment to Certificate of Incorporation, dated March 13, 2019 | 8-K | 333-161943 | 3.1 | 03/20/2019 |
| 3.4 | Certificate of Amendment to Certificate of Incorporation, dated April 18, 2019 | 10-KT | 333-161943 | 3.5 | 07/25/2019 |
| 3.5 | Certificate of Amendment to Certificate of Incorporation, dated July 30, 2020 | 8-K | 333-161943 | 99.1 | 07/30/2020 |
| 3.6 | Certificate of Merger of Sport Endurance, Inc. with and into the Company | 10-Q | 333-161943 | 3.4 | 04/15/2019 |
| 3.7 | Bylaws | 10-Q | 333-161943 | 3.5 | 04/15/2019 |
| 3.8 | Certificate of Designation for Series F Convertible Preferred Stock | 8-K | 333-161943 | 3.1 | 10/02/2020 |
| 3.9 | Certificate of Cancellation of Series F Preferred Stock of Better Choice | 8-K | 001-40477 | 3.10 | 08/11/2022 |
| 4.1 | Form of Warrant in connection with the November 2019 private placement | 8-K | 333-161943 | 4.2 | 11/15/2019 |
| 4.3 | Form of Warrant, dated December 19, 2019, by and among the Company and the Halo Sellers | 10-Q | 333-161943 | 4.8 | 01/31/2020 |
| 4.4 | Form of Warrant, dated December 19, 2019, by and among the Company and the Shareholder Personal Guarantors | 10-Q | 333-161943 | 4.10 | 01/31/2020 |
| 4.7† | Better Choice Company Inc. Amended and Restated 2019 Incentive Award Plan | 10-K | 333-161943 | 10.19 | 05/04/2020 |
| 4.8† | Form of 2019 Incentive Award Plan Stock Option Agreement | S-1 | 333-234349 | 10.7 | 10/28/2019 |
| 4.9 | Form of Common Stock Purchase Warrant in connection with the June 2020 private placement. | 10-Q | 333-161943 | 4.11 | 06/25/2020 |
| 4.11 | Form of July 2020 Warrants | 8-K | 333-161943 | 10.5 | 07/21/2020 |
| 4.12 | Form of Warrant in connection with the October 2020 Series F Private Placement | 8-K | 333-161943 | 4.1 | 10/02/2020 |
| 4.14 | Form of warrant in connection with the January 2021 Private Placement | S-1/A | 333-251241 | 4.22 | 02/16/2021 |
| 4.15 | Form of pre-funded and representative warrants in connection with the July 2024 Public Offering | S-1 | 333-280714 | 4.2 | 07/31/2024 |
| Exhibit | Exhibit Description | Form | File No. | Exhibit | Filing date |
|---|---|---|---|---|---|
| 10.1† | Form of Indemnification Agreement by and among the Company and its officers and directors | S-1 | 333-234349 | 10.8 | 10/28/2019 |
| 10.22 † | Employment Agreement, dated as of May 22, 2023, by and between Kent Cunningham and Better Choice Company, Inc. | 8-K | 001-40477 | 10.2 | 05/16/2023 |
| 10.24 † | Account Purchase Agreement, dated as of June 21, 2023, by and between Wintrust Receivables Finance, a division of Wintrust Bank N.A., and Halo, Purely for Pets, Inc. | 8-K | 001-40477 | 10.9 | 06/21/2023 |
| 10.25 | Employment Agreement, dated as of August 2, 2023, by and between Carolina Martinez and Better Choice Company, Inc. | 8-K | 001-40477 | 10.2 | 08/07/2023 |
| 10.26 | Better Choice Acquires Aimia Pet Healthco to Enter the GLP1 Pet Market | 8-K | 001-40477 | 99.1 | 02/12/2024 |
| 10.27 | Settlement Agreement, dated June 20, 2024, by and between Alphia, Inc. and Better Choice Company, Inc. | 8-K | 001-40477 | 10.1 | 06/21/2024 |
| 31.1 * | Certification of Principal Executive Officer Pursuant to Rules 13a-14(a) and 15d-14(a) under the Securities Exchange Act of 1934, as Adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. | ||||
| 31.2 * | Certification of Principal Financial Officer Pursuant to Rules 13a-14(a) and 15d-14(a) under the Securities Exchange Act of 1934, as Adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. | ||||
| 32.1 * | Certifications of Principal Executive Officer and Principal Financial Officer Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 | ||||
| 101 * | The following materials from the Company’s Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2023 formatted in Inline Extensible Business Reporting Language (“iXBRL”): (i) the Condensed Consolidated Statements of Operations, (ii) the Condensed Consolidated Balance Sheets, (iii) the Condensed Consolidated Statements of Stockholders’ Equity, (iv) the Condensed Consolidated Statements of Cash Flows and (v) related notes, tagged as blocks of text and including detailed tags. | ||||
| 104 * | Cover page from the Company’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2023, formatted in iXBRL (included as Exhibit 101). | ||||
| † | Indicates a management contract or any compensatory plan, contract or arrangement. |
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| * | Filed or furnished herewith. |
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| # | Certain schedules and similar attachments to this agreement have been omitted in accordance with Item 601(b)(5) of Regulation S-K. The Company will furnish copies of any schedules or similar attachments to the SEC upon request. |
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| *** | Certain information in this document has been excluded pursuant to Regulation S-K, Item 601(b)(10). Such excluded information is not material and would likely cause competitive harm to the registrant if publicly disclosed. |
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