UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
_________________
FORM
CURRENT REPORT
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| Item 8.01. | Other Events. |
Lifeway Foods, Inc. (the “Company”) is planning to move its 2023 annual meeting of stockholders (the “2023 Annual Meeting”) ahead by more than 60 days of the date of the 2022 annual meeting of stockholders. The Company will provide detail regarding the date, time, location and matters to be voted on at the 2023 Annual Meeting in the Company’s proxy statement for the 2023 Annual Meeting. In accordance with Rule 14a-8 under the Securities Exchange Act of 1934, as amended (“Rule 14a-8”), and the Amended and Restated Bylaws (the “Bylaws”) of the Company, the deadlines for the receipt of any stockholder proposals and director nominations to be considered at the 2023 Annual Meeting are set forth below.
Rule 14a-8 Proposals Deadline. Any stockholder proposals intended for inclusion in the Company’s definitive proxy statement for the 2023 Annual Meeting pursuant to Rule 14a-8 must be received at the Company’s principal executive office on or before March 17, 2023 (which the Company believes is a reasonable time before it begins to print and send its proxy materials). Such proposals also need to comply with the Securities and Exchange Commission stockholder proposal rules.
Advance Notice Proposals and Nominations. In addition, any stockholder seeking to nominate a director or to bring other business before the 2023 Annual Meeting outside of Rule 14a-8 under the advance notice provisions included in the Company’s Bylaws must provide timely notice, as set forth in the Bylaws. Specifically, written notice of any such proposed business or nomination must be received by our Secretary at our principal executive offices not earlier than close of business not earlier than the 120th day before prior to the annual meeting, or March 5, 2023, and not later than the close of business on the later of the ninetieth (90th) day prior to such annual meeting or the tenth (10th) day following the date on which public announcement of the date of such meeting is first made, or March 17, 2023. Any notice of proposed business or nomination also must comply with the notice and other requirements set forth in our Bylaws and with any applicable law.
| Item 9.01 | Financial Statements and Exhibits |
Exhibit Index
| Exhibit Number | Description | |
| 104 | Cover 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.
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LIFEWAY FOODS, INC.
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| Dated: February 8, 2023 | By: | /s/ Eric Hanson | |
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Name: Eric Hanson Title: Chief Financial Officer |
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