8-K - SRXH - Equibles

UNITED

STATES

SECURITIES

AND EXCHANGE COMMISSION

Washington,

D.C. 20549

FORM

8-K

CURRENT

REPORT

PURSUANT

TO SECTION 13 OR 15(d)

OF

THE SECURITIES EXCHANGE ACT OF 1934

Dateof Report (Date of earliest event reported): June 20, 2024

BetterChoice Company, Inc.

(Exactname of Registrant as Specified in its Charter)

Delaware	001-40477	83-4284557
(State<br> or other Jurisdiction of <br><br>Incorporation)	(Commission<br> <br><br>File Number)	(IRS<br> Employer<br><br> <br>Identification<br> No.)

12400Race Track Road

Tampa,Florida 33626

(Address of Principal Executive Offices) (Zip Code)

(Registrant’s Telephone Number, Including Area Code): (212) 896-1254

N/A

(Former name or former address, if changed since last report.)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

☐	Written<br> communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
☐	Soliciting<br> material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
☐	Pre-commencement<br> communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
☐	Pre-commencement<br> communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Securities registered pursuant to Section 12(b) of the Act:

Title of each class	Trading Symbol(s)	Name of each exchange on which registered
Common<br> Stock, $0.001 par value share	BTTR	NYSE<br> American

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

Emerging growth company ☐

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐

Item1.01 Entry into a Material Definitive Agreement

On June 20, 2024, Better Choice Company, Inc., a Delaware corporation, (the “Company”) agreed to settlement terms of the lawsuit initially filed against Alphia, Inc. (“Alphia”) on March 26, 2024, in the Circuit Court of the 13^th^ Judicial Circuit in and for Hillsborough County, Florida. The agreement, which dismisses the Company’s ongoing litigation with Alphia, provides for the retirement of the Company’s senior secured debt, including $5.0 million in principal and $0.4 million of payable-in-kind accrued interest as of March 31, 2024, the retirement of 335,640 warrants with a strike price of $11.44 per share that were set to expire in 2028, and the elimination of approximately $5.0 million of other indebtedness by the Company with savings up to $2.7 million if paid within 90 days.

Item9.01 Financial Statements and Exhibits

(d) Exhibits.

10.1	Alphia Settlement Agreement dated June 20, 2024
99.1	Press Release regarding Debt Retirement dated June 20, 2024
104	Cover<br> Page Interactive Data file (embedded within the Inline XBRL document)

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.

	Better Choice Company Inc.
	By:	/s/ Carolina Martinez
	Name:	Carolina<br> Martinez
	Title:	Chief<br> Financial Officer
June<br> 20, 2024

Exhibit10.1

Exhibit 99.1