Better Choice Company Initiates Legal Action Against Alphia, a Portfolio Company of Private Equity Firm PAI
March 26 2024 - 9:15AM
Better Choice Company, Inc. (NYSE: BTTR) (“Better Choice” or the
“Company”), a pet health and wellness company, initiated a legal
action to enforce a right of first refusal (“ROFR”) option
exercised by Alphia, Inc. (“Alphia”) BL4424547, which is controlled
by a Paris-based private equity firm, PAI Partners
(https://www.paipartners.com). Pursuant to the terms of a written
agreement between Alphia and the Company, Alphia is obligated to
acquire the assets of Halo, Purely for Pets, Inc., a wholly owned
subsidiary of Better Choice. Better Choice seeks to compel the
closing of the asset sale and, in the alternative, monetary damages
in excess of $19 million caused by Alphia for its misconduct in
connection with the ROFR. “After several unsuccessful attempts to
communicate with both Winston Song of PAI Partners and David
McLain, the CEO of Alphia, and given the significant burden imposed
upon Better Choice by Alphia’s refusal to close the transaction,
Better Choice had no viable option other than to pursue legal
action to enforce the terms of the ROFR, as well as all of its
rights,” stated Better Choice Chairman, Michael Young. The claim
has been filed in the Circuit Court of the 13th Judicial Circuit in
and for Hillsborough County, Florida.
About Better Choice Company, Inc.Better Choice
Company, Inc. is a pet health and wellness company focused on
providing pet products and services that help dogs and cats live
healthier, happier, and longer lives. We offer a broad portfolio of
pet health and wellness products for dogs and cats sold under our
Halo brand across multiple forms, including foods, treats, toppers,
dental products, chews, and supplements. We have a demonstrated,
multi-decade track record of success and are well positioned to
benefit from the mainstream trends of growing pet humanization and
consumer focus on health and wellness. Our products consist of
kibble and canned dog and cat food, freeze-dried raw dog food, and
treats, vegan dog food and treats, oral care products and
supplements. Halo’s core products are made with high-quality,
thoughtfully sourced ingredients for natural, science-based
nutrition. Each innovative recipe is formulated with leading
veterinary and nutrition experts to deliver optimal health. For
more information, please
visit https://www.betterchoicecompany.com.
Forward Looking StatementsThis press release
contains forward-looking statements within the meaning of the
Private Securities Litigation Reform Act of 1995. The words
“believe,” “may,” “estimate,” “continue,” “anticipate,” “intend,”
“should,” “plan,” “could,” “target,” “potential,” “is likely,”
“will,” “expect” and similar expressions, as they relate to us, are
intended to identify forward-looking statements. The Company has
based these forward-looking statements largely on our current
expectations and projections about future events and financial
trends that we believe may affect our financial condition, results
of operations, business strategy and financial needs. Some or all
of the results anticipated by these forward-looking statements may
not be achieved. Further information on the Company’s risk factors
is contained in our filings with the SEC. Any forward-looking
statement made by us herein speaks only as of the date on which it
is made. Factors or events that could cause our actual results to
differ may emerge from time to time, and it is not possible for us
to predict all of them. The Company undertakes no obligation to
publicly update any forward-looking statement, whether as a result
of new information, future developments or otherwise, except as may
be required by law.
Investor Contact:KCSA Strategic
CommunicationsValter Pinto, Managing DirectorT:
212-896-1254Valter@KCSA.com
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