BT Brands Files Lawsuit Against Noble Roman and Its Directors
03 Agosto 2023 - 1:15PM
Business Wire
BT Brands, Inc. (NASDAQ: BTBD and BTBDW) in an important step in
its effort to achieve a fair vote for Noble Roman shareholders,
together with CEO Gary Copperud, on August 2, 2023, filed a lawsuit
in Federal Court for the Southern District of Indiana naming both
the Company, Noble Roman’s, (“NROM”) and its Directors as
Defendants. The suit alleges that the Company and its Directors
violated federal law in omitting material information from its
Definitive Proxy Statement, that the Company and its Directors have
violated their fiduciary duties in attempting to prevent BT Brands’
nomination of Mr. Copperud, frustrating the expressed will of an
overwhelming number of shares. The lawsuit notes that Mr. Copperud
was recognized as an approved candidate for election as a director
at the July 6, 2023, Noble Roman annual meeting of stockholders,
scheduled for August 10, 2023. A recent tabulation of votes shows
shareholders favor Gary Copperud, BT Brands, Inc.’s nominee,
leading Scott Mobley, NROM’s nominee, by several million votes
representing nearly a 3.5:1 margin of potential victory. Also,
today, BT Brands and Mr. Copperud together filed a motion
requesting the Court to order the Company and its Directors to hold
an annual meeting at which Mr. Copperud’s nomination will be duly
considered, the votes in his favor counted, and the results of the
shareholders’ directive respected.
Owning a combined stake of more than 8% of NROM shares, BT
Brands nominated Mr. Copperud to serve as a director of NROM to add
a fresh perspective to its board, including reviews of policies
concerning executive compensation and corporate borrowing. In a
move made after it became clear that Mr. Copperud would defeat Mr.
Scott Mobley, just nine days prior to the original shareholder
annual meeting date, NROM declared that, despite initially enabling
and recognizing Mr. Copperud’s nomination, the nomination was
deemed to be not in compliance with Noble Roman’s Bylaws and
therefore, the nomination would not be considered as valid. because
BT Brands’ and Mr. Copperud’s shares were held in brokerage
accounts in “street name” rather than in certificate form under a
separate listing on the Transfer Agent‘s shareholder list.
Preliminary voting results show that steps to disqualify Mr.
Copperud frustrating the shareholders’ overwhelming desire to
inject fresh ideas onto the board have not damped the shareholders’
desire to cthank hoose Mr Copperud to replace Mr. Mobley. As stated
publicly, BT Brands expects to continue investigating, including
seeking documents required to be produced under Indiana law, NROM’s
actions and exploring all available remedies under Indiana and
Federal law. As Mr. Copperud noted, “We are advocating for all
shareholders in seeking fairness in the process; providing
shareholders the opportunity to have their voices heard.”
We remind shareholders that voting in the 2023 annual meeting of
shareholders of NROM is ongoing, and notwithstanding BT Brands’
continuing efforts to overturn NROM’s disqualification of Mr.
Copperud as a nominee for director, it is possible that we may not
be successful. We advise shareholders that they remain eligible to
vote in NROM’s annual meeting and that they should continue to vote
on the BLUE proxy in support of Mr. Copperud. A copy of the
Company’s lawsuit will be available at www.sec.gov later today.
About BT Brands, Inc.: BT Brands, Inc. (BTBD and BTBDW)
owns and operates a fast-food restaurant chain called Burger Time,
with locations in North and South Dakota and Minnesota. In
addition, the Company owns the Pie In The Sky Coffee and Bakery in
Woods Hole, Massachusetts, the Village Bier Garten in Cocoa,
Florida, and Keegan’s Seafood Grille near Clearwater, Florida. BT
Brands is seeking acquisitions within the restaurant industry.
Forward-Looking Statements
This press release may contain statements that might be
considered forward-looking statements or predictions of future
operations. Such statements are made pursuant to the safe harbor
provisions of the Private Securities Litigation Reform Act of 1995
and are based on management’s belief or interpretation of
information currently available. These statements and assumptions
involve certain risks and uncertainties. Actual events may also
differ from these expectations as a result of the risks identified
from time to time in our filings with the Securities and Exchange
Commission. We assume no duty to update these statements as of any
future date.
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version on businesswire.com: https://www.businesswire.com/news/home/20230803514615/en/
KENNETH BRIMMER 612-229-8811 or Investors Contact: InvestorCom LLC John Glenn
Grau, 203-972-9300 info@investor-com.com
proxy@investor-com.com
(203) 972-9300 or (877) 972-0090
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