Banyan Acquisition Corporation Announces Intent to Adjourn Special Meeting to Approve Extension Proposal and to Move Redemption Date
April 17 2023 - 3:30PM
Business Wire
Banyan Acquisition Corporation (NYSE: BYN.U, BYN, BYN.WS) (the
“Company”), a special purpose acquisition company, announced today
that it intends to adjourn, without conducting any business, the
Company’s special meeting of stockholders scheduled to be held on
April 18, 2023 (or any adjournment thereof) (the “Extension
Meeting”), at which the Company’s stockholders will vote on, among
other things, proposals to amend the Company’s amended and restated
certificate of incorporation and trust agreement to extend the date
by which the Company has to consummate a business combination (the
“Extension Proposals”) from April 24, 2023 to December 24, 2023, as
further described in the Company’s definitive proxy statement in
connection with such special meeting (the “Extension Proxy
Statement”), and to reconvene the Extension Meeting at 10:00 a.m.,
Eastern time, on April 21, 2023. The Extension Proxy Statement was
mailed on or about March 31, 2023 to the Company’s stockholders of
record as of March 24, 2023. In connection with the intended
adjournment of the Extension Meeting, the Company is extending the
deadline for holders of its shares of Class A common stock to
exercise their right to redeem their shares of Class A common stock
for their pro rata portions of the funds available in the Company’s
trust account (the “Trust Account”) to 5:00 p.m., Eastern time, on
April 19, 2023 (two business days before the adjourned Extension
Meeting is to be reconvened). Any request for redemption, once made
by a public stockholder, may not be withdrawn once submitted to the
Company unless the Company’s board of directors determines (in its
sole discretion) to permit the withdrawal of such redemption
request (which they may do in whole or in part). The Extension
Meeting will still be held virtually at
https://www.cstproxy.com/banyanacquisition/2023.
Stockholders of record as of March 24, 2023 are entitled to vote
at the Extension Meeting. Stockholders who have not yet done so are
encouraged to vote as soon as possible. If any such stockholders
have questions or need assistance in connection with the Extension
Meeting, please contact the Company’s proxy solicitor, Morrow
Sodali LLC by telephone by dialing (800) 662-5200 or (203) 658-9400
or by sending an email to BYN.info@investor.morrowsodali.com.
About Banyan Acquisition Corporation
Banyan Acquisition Corporation, led by CEO, Keith Jaffee, and
Chairman, Jerry Hyman, is a special purpose acquisition company
formed with the purpose of entering into a business combination
with one or more businesses. While the Company may pursue an
initial business combination with a company in any sector or
geography, it intends to focus its search on businesses within the
foodservice industry.
Participants in the Solicitation
The Company, Banyan Acquisition Sponsor LLC and the Company’s
directors and executive officers and other persons may be deemed to
be participants in the solicitation of proxies from the Company’s
stockholders in respect of the Extension Meeting. Important
information regarding the Company’s directors and executive
officers is available in its Extension Proxy Statement filed with
the SEC on March 30, 2023. Additional information regarding the
participants in the proxy solicitation and a description of their
direct and indirect interests are contained in the Extension Proxy
Statement.
No Offer or Solicitation
This communication shall not constitute an offer to sell or the
solicitation of an offer to buy any securities, nor shall there be
any sale of securities in any jurisdiction in which the offer,
solicitation or sale would be unlawful prior to the registration or
qualification under the securities laws of any such
jurisdiction.
Additional Information
The Company has filed the Extension Proxy Statement with the SEC
for the Extension Meeting to consider and vote upon the Extension
Proposals and other matters and, beginning on or about March 31,
2023, mailed the Extension Proxy Statement and other relevant
documents to its stockholders as of the March 24, 2023 record date
for the Extension Meeting. The Company’s stockholders and other
interested persons are advised to read the Extension Proxy
Statement and any other relevant documents that have been or will
be filed with the SEC in connection with the Company’s solicitation
of proxies for the Extension Meeting because these documents will
contain important information about the Company, the Extension
Proposals and related matters. Stockholders may also obtain a free
copy of the Extension Proxy Statement, as well as other relevant
documents that have been or will be filed with the SEC, without
charge, at the SEC’s website located at www.sec.gov or by directing
your request to Morrow Sodali LLC by telephone by dialing (800)
662-5200 or (203) 658-9400 or by sending an email to
BYN.info@investor.morrowsodali.com.
Forward -Looking Statements
Certain statements made in this release with respect to the
Company and the Extension Meeting are “forward looking statements”
within the meaning of the “safe harbor” provisions of the United
States Private Securities Litigation Reform Act of 1995. When used
in this release, the words “estimates,” “projected,” “expects,”
“anticipates,” “forecasts,” “plans,” “intends,” “believes,”
“seeks,” “may,” “will,” “should,” “future,” “propose” and
variations of these words or similar expressions (or the negative
versions of such words or expressions) are intended to identify
forward-looking statements. These forward-looking statements are
not guarantees of future performance, conditions or results, and
involve a number of known and unknown risks, uncertainties,
assumptions and other important factors, many of which are outside
the Company’s control, that could cause actual results or outcomes
to differ materially from those expressed in, or implied by, the
forward-looking statements. Important factors, among others, that
may affect actual results or outcomes include: the risk that
approval of the Extension Proposals by the Company’s stockholders
is not obtained; the inability of the Company to enter into a
definitive agreement with respect to an initial business
combination within the time provided in the Company’s amended and
restated certificate of incorporation; the level of redemptions
made by the Company’s stockholders in connection with the Extension
Proposals and its impact on the amount of funds available in the
Company’s Trust Account to complete an initial business
combination; and those factors discussed in the Annual Report under
the heading “Risk Factors,” and other documents the Company filed,
or will file, with the SEC. The Company does not undertake any
obligation to update or revise any forward-looking statements,
whether as a result of new information, future events or otherwise,
except as required by law.
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Banyan Acquisition Corporation Keith Jaffee
Keith@banyanacquisition.com
Banyan Acquisition (NYSE:BYN)
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