Correspondence 0001493152-25-000984 from Better Choice Co Inc. (BTTR) (CIK 0001471727) (SRXH)
Better Choice Co Inc. (BTTR) (CIK 0001471727)
Date: Jan. 6, 2025 · CIK: 0001471727 · Accession: 0001493152-25-000984
AI Filing Summary & Sentiment
File numbers found in text: 001-40477
Referenced dates: January 2, 2025
Letter
Division of Corporation Finance Office of Manufacturing Attention: Bradley Ecker Preliminary Proxy Statement on Schedule 14A Filed on December 26, 2024 File No. 001-40477
Re: Better Choice Co Inc.
Dear Mr. Ecker:
On behalf of our client, Better Choice Company, Inc. (“the “Company”), we submit this letter in response to comments from the staff (the “Staff”) of the Securities and Exchange Commission (the “Commission”) contained in its letter dated January 2, 2025 (the “Comment Letter”), relating to the above-referenced Preliminary Proxy Statement on Schedule 14A submitted on December 26, 2024 (the “Proxy Statement”). We are concurrently submitting via EDGAR this letter and a revised draft of the Proxy Statement (the “Revised Proxy Statement”).
In this letter, we have recited the comments from the Staff in italicized, bold type and have followed each comment with the Company’s response in ordinary type.
Preliminary Proxy Statement on Schedule 14A
General
1. Your filing was tagged in the EDGAR system as a PRE 14A rather than as a PREM 14A, yet it appears to relate to a business combination. In this regard, we note disclosure on page 8 that shareholders of SRx Health Solutions, Inc. are expected to own 87% of the combined company, resulting in a change of control. Please file with the tag PREM 14A or tell us why you believe you are not required to do so.
We have filed the Revised Proxy Statement with the PREM 14A designation.
2. Please file the annexes listed on page 36 with your revised proxy statement.
We have filed the annexes listed on page 36 with the Revised Proxy Statement
Securities and Exchange Commission
January 6, 2025
Page
If you have questions with respect to the Revised Proxy Statement or the responses set forth above, please direct the questions to me at (212) 655-3518 or ll@msf-law.com.
Sincerely,
/s/ Louis
Lombardo
Show Raw Text
CORRESP
1
filename1.htm
January
6, 2025
U.S.
Securities and Exchange Commission
Division
of Corporation Finance
Office
of Manufacturing
Washington,
D.C. 20549-3720
Attention:
Bradley
Ecker
Jennifer
Angelini
Re:
Better
Choice Co Inc.
Preliminary
Proxy Statement on Schedule 14A
Filed
on December 26, 2024
File
No. 001-40477
Dear
Mr. Ecker:
On
behalf of our client, Better Choice Company, Inc. (“the “Company”), we submit this letter in response to comments
from the staff (the “Staff”) of the Securities and Exchange Commission (the “Commission”) contained
in its letter dated January 2, 2025 (the “Comment Letter”), relating to the above-referenced Preliminary Proxy Statement
on Schedule 14A submitted on December 26, 2024 (the “Proxy Statement”). We are concurrently submitting via EDGAR this
letter and a revised draft of the Proxy Statement (the “Revised Proxy Statement”).
In
this letter, we have recited the comments from the Staff in italicized, bold type and have followed each comment with the Company’s
response in ordinary type.
Preliminary
Proxy Statement on Schedule 14A
General
1. Your
filing was tagged in the EDGAR system as a PRE 14A rather than as a PREM 14A, yet it appears to relate to a business combination. In
this regard, we note disclosure on page 8 that shareholders of SRx Health Solutions, Inc. are expected to own 87% of the combined
company, resulting in a change of control. Please file with the tag PREM 14A or tell us why you believe you are not required to do
so.
We
have filed the Revised Proxy Statement with the PREM 14A designation.
2.
Please file the annexes listed on page 36 with your revised proxy statement.
We
have filed the annexes listed on page 36 with the Revised Proxy Statement
Securities
and Exchange Commission
January
6, 2025
Page
2
If
you have questions with respect to the Revised
Proxy Statement or the responses set forth above, please direct the questions to me at (212) 655-3518 or ll@msf-law.com.
Sincerely,
/s/ Louis
Lombardo
Louis
Lombardo