litigation
confidence high
sentiment negative
materiality 0.75
Beachbody files Section 205 petition to validate charter amendment after Boxed decision; hearing set March 14, 2023
Beachbody Company, Inc.
- Filed petition on Feb 16, 2023 to validate 2021 charter increase of Class A common stock from 300M to 1.6B shares.
- Petition seeks to ratify the amendment and all shares issued in reliance following Garfield v. Boxed ruling on separate class vote.
- Charter amendment was approved by majority of common stock voting together in June 2021, not separately by Class A stockholders.
- Hearing scheduled for March 14, 2023; failure could impair equity financing and stock-based compensation.
- Company had rejected a similar stockholder demand letter in April 2022 before the Boxed decision.