0001567619-20-011762.txt : 20200605 0001567619-20-011762.hdr.sgml : 20200605 20200605093238 ACCESSION NUMBER: 0001567619-20-011762 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20200603 FILED AS OF DATE: 20200605 DATE AS OF CHANGE: 20200605 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: FRANZINO JOHN CENTRAL INDEX KEY: 0001813820 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-36338 FILM NUMBER: 20944826 MAIL ADDRESS: STREET 1: 8560 MAIN STREET STREET 2: SUITE 4 CITY: WILLIAMSVILLE STATE: NY ZIP: 14221 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: 22nd Century Group, Inc. CENTRAL INDEX KEY: 0001347858 STANDARD INDUSTRIAL CLASSIFICATION: CIGARETTES [2111] IRS NUMBER: 980468420 STATE OF INCORPORATION: NV FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 8560 MAIN STREET STREET 2: SUITE 4 CITY: WILLIAMSVILLE STATE: NY ZIP: 14221 BUSINESS PHONE: (716) 270-1523 MAIL ADDRESS: STREET 1: 8560 MAIN STREET STREET 2: SUITE 4 CITY: WILLIAMSVILLE STATE: NY ZIP: 14221 FORMER COMPANY: FORMER CONFORMED NAME: Touchstone Mining LTD DATE OF NAME CHANGE: 20051222 3 1 doc1.xml FORM 3 X0206 3 2020-06-03 0 0001347858 22nd Century Group, Inc. XXII 0001813820 FRANZINO JOHN 8560 MAIN STREET SUITE 4 WILLIAMSVILLE NY 14221 0 1 0 0 CFO Restricted Common Stock Units 100000 D The restricted stock units vest 50% on the one year anniversary of the date of grant and 50% on the two year anniversary of the date of grant. /s/ John Franzino by John Wolfel, as Attorney-in-Fact 2020-06-05 EX-24.1 2 sb052.htm

POWER OF ATTORNEY
Know all by these presents, that, for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the undersigned hereby constitutes and appoints Michael B. Kirwan and John J. Wolfel, and each or either of them, the undersigned’s true and lawful attorney-in-fact to:
1. 
prepare, execute in the name of the undersigned, and submit to the U.S. Securities and Exchange Commission (“SEC”) a Form ID, including amendments thereto, and any other documents necessary or appropriate to obtain codes and passwords enabling the undersigned to make electronic filings with the SEC;
2. 
execute for and on behalf of the undersigned (in accordance with Section 16(a) of the Securities Exchange Act of 1934, as amended, and the rules thereunder (the “Exchange Act”)), in the undersigned’s capacity as an officer and/or director of 22nd Century Group, Inc. (the “Company”), any and all Forms 3, 4 and/or 5, and any amendments thereto, that are necessary or advisable for the undersigned to file under Section 16(a) (such forms along with the Form ID are collectively, “Documents”);
3. 
do and perform any and all acts for and on behalf of the undersigned that may be necessary or desirable to complete and execute any such Documents and timely file such Documents with the United States Securities and Exchange Commission and any stock exchange or similar authority; and
4. 
take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit to, in the best interest of, or legally required by, the undersigned, it being understood that the Documents executed by such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve in such attorney-in-fact’s discretion.
The undersigned hereby grants to such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact (or such attorney-in-fact’s substitute or substitutes) shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted.  The undersigned acknowledges that such attorney-in-fact, in serving in such capacity at the request of the undersigned, is not assuming, nor is such attorney-in-fact’s substitute or substitutes assuming, any of the undersigned’s responsibilities to comply with the Exchange Act.  The undersigned agrees to defend and hold harmless such attorney-in-fact (and such attorney-in-fact’s substitute or substitutes) from and against any and all loss, damage or liability that such attorney-in-fact may sustain as a result of any action taken in good faith hereunder.
This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Documents with respect to the undersigned’s holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorney-in-fact.
IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 29th day of May, 2020.
/s/ John Franzino  
      Signature
      Name:  John Franzino