UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
_________________
FORM
CURRENT REPORT
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| Item 5.02 | Departure of Director or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers. |
On August 10, 2023, the Board of Directors (the “Board”) Lifeway Foods, Inc. (the “Company”) accepted the tendered resignation of Ludmila Smolyansky, a member of the Company’s Board of Directors, effective immediately.
As previously disclosed, Ms. Smolyansky was elected to the Board for a term expiring at the Company’s Annual Meeting of Stockholders to be held in 2024 after being nominated pursuant to that certain Settlement Agreement dated as of July 27, 2022 by and between the Company, Ms. Smolyansky and Edward Smolyansky, as amended on November 7, 2022 (the “Settlement Agreement”). Ms. Smolyansky had previously tendered her resignation, subject to acceptance by all members of the Board other than Ms. Smolyansky, in accordance with the Settlement Agreement. Pursuant to the Settlement Agreement, the vacancy created by Ms. Smolyansky’s resignation will remain unfilled until a nominee named by Ms. Smolyansky and Edward Smolyansky, has been appointed or nominated by the Board upon satisfaction of its regular qualification procedures.
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SIGNATURE
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.
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LIFEWAY FOODS, INC.
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| Dated: August 11, 2023 | By: | /s/ Eric Hanson | |
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Name: Eric Hanson Title: Chief Financial and Accounting Officer |
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