Amendment: Lifeway Foods Inc. filed SEC Form 8-K: Regulation FD Disclosure, Financial Statements and Exhibits
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CURRENT REPORT
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EXPLANATORY NOTE
This Form 8-K/A (this “Amendment”) is being filed solely to correct the date of the press release attached as Exhibit 99.1 to the Form 8-K filed on November 20, 2024 (the “Original 8-K”) from November 19, 2024 to November 20, 2024. Except for the aforementioned change, this Amendment does not amend, update or change any other items or disclosures contained in the Original 8-K. This Amendment restates and replaces the Original 8-K in its entirety.
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Item 7.01. Regulation FD Disclosure.
On November 20, 2024, Lifeway Foods, Inc., an Illinois corporation (the “Company”), issued a press release announcing the rejection by the Company’s board of directors (the “Board”) of the revised unsolicited proposal received from Danone North America PBC (“Danone”) on November 15, 2024. A copy of that press release is furnished as Exhibit 99.1 to this Current Report and incorporated herein by reference. A letter sent by the Company’s Chief Executive Officer, on behalf of the Board, to Danone’s President and Chief Executive Officer and a letter sent by the Company’s counsel, on behalf of the Board, to Danone’s counsel are furnished as Exhibits 99.2 and 99.3, respectively, to this Current Report and incorporated herein by reference.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits:
| Exhibit No. | Description |
| 99.1 | Press Release issued by the Company on November 20, 2024 |
| 99.2 | Letter from Company re: Proposed Acquisition of Lifeway Foods, Inc. and Stockholders’ Agreement, dated November 8, 2024 |
| 99.3 | Letter from Company Counsel re: Proposed Acquisition of Lifeway Foods, Inc. and Stockholders’ Agreement, dated November 8, 2024 |
| 104 | Cover Page Interactive Data File (embedded within the Inline XBRL document) |
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| LIFEWAY FOODS, INC. | |||
| Date: November 20, 2024 | By: | /s/ Julie Smolyansky | |
Name: Julie Smolyansky Title: Chief Executive Officer and Secretary | |||
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