0001140361-22-010370.txt : 20220321 0001140361-22-010370.hdr.sgml : 20220321 20220321170036 ACCESSION NUMBER: 0001140361-22-010370 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20220317 FILED AS OF DATE: 20220321 DATE AS OF CHANGE: 20220321 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Kalk Gary CENTRAL INDEX KEY: 0001906385 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-39887 FILM NUMBER: 22756255 MAIL ADDRESS: STREET 1: 1345 AVENUE OF THE AMERICAS CITY: NEW YORK STATE: NY ZIP: 10105 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: Fortress Capital Acquisition Corp CENTRAL INDEX KEY: 0001823733 STANDARD INDUSTRIAL CLASSIFICATION: BLANK CHECKS [6770] IRS NUMBER: 000000000 STATE OF INCORPORATION: E9 FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 1345 AVENUE OF AMERICAS STREET 2: 45TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10105 BUSINESS PHONE: (212) 798-6100 MAIL ADDRESS: STREET 1: 1345 AVENUE OF AMERICAS STREET 2: 45TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10105 4 1 form4.xml FORM 4 X0306 4 2022-03-17 0001823733 Fortress Capital Acquisition Corp FCAX 0001906385 Kalk Gary C/O 1345 AVENUE OF THE AMERICAS 45TH FLOOR NEW YORK NY 10105 true Class B ordinary shares, par value $0.0001 per share 2022-03-17 4 P 0 25000 300 A Class A ordinary shares, par value $0.0001 per share 25000 25000 D Pursuant to the Issuer's amended and restated memorandum and articles of association, the Class B ordinary shares have no expiration date and will automatically convert into Class A ordinary shares at the time of the Issuer's initial business combination on a one-for-one basis subject to adjustment pursuant to certain anti-dilution rights. The reporting person purchased 25,000 Class B ordinary shares for the aggregate consideration of $300.00. See Exhibit 24.1 - Power of Attorney /s/ Gary Kalk 2022-03-21 EX-24.1 2 brhc10035429_24-1.htm EXHIBIT 24.1
Exhibit 24.1

POWER OF ATTORNEY

Know all by these presents, that the undersigned hereby constitutes and appoints Daniel N. Bass and Varun Wadhawan of Fortress Capital Acquisition Corp. (the “Company”) or either of them signing singly, and with full power of substitution, the undersigned’s true and lawful attorney-in-fact to:

1.          prepare, execute in the undersigned’s name and on the undersigned’s behalf, and submit to the U.S. Securities and Exchange Commission (the “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 of reports required by Section 16(a) of the Securities Exchange Act of 1934 or any rule or regulation of the SEC;

2.          execute for and on behalf of the undersigned with respect to the Company, Schedules 13D and 13G and Forms 3, 4, and 5 in accordance with Sections 13 and 16(a) of the Securities Exchange Act of 1934 and the rules thereunder;

3.          do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Schedules 13D or 13G or Form 3, 4, or 5, complete and execute any amendment or amendments thereto, and timely file such form with the SEC 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 each 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 the foregoing attorneys-in-fact, in serving in such capacity at the request of the undersigned, are not assuming, nor is the Company assuming any of the undersigned’s responsibilities to comply with Sections 13 and 16 of the Securities Exchange Act of 1934.

This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 3, 4, and 5 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 attorneys-in-fact.

IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 17th day of March, 2022.


 
/s/ Gary Kalk
 
Name: Gary Kalk


[Signature Page to Power of Attorney]