Better Choice Company initiated a legal action to enforce a right of first refusal option exercised by Alphia, BL4424547, which is controlled by a Paris-based private equity firm, PAI Partners. 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, 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.
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