Better for You Wellness Inc.

07/25/2024 | Press release | Distributed by Public on 07/25/2024 15:01

Accelaration/Increase of Financial Obligation Form 8 K

Item 2.04
Triggering Events That Accelerate or Increase a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement.
On January 17, 2024,
Better For You Wellness, Inc., a Nevada corporation (the "
Company
")
, issued to 1800 Diagonal Lending LLC (the "
Lender
") a promissory note in the principal amount of $65,000 (the "
Note
"). On July 19, 2024, the Company received a notice of default and demand (the "
Default Notice
") from the Lender due to its failure to make a required filings under the Securities Exchange Act of 1934, as amended. Upon receipt of a Default Notice, the Note provides (with all undefined terms, as defined in the Note):
"…the Note shall become immediately due and payable and the Borrower shall pay to the Holder, in full satisfaction of its obligations hereunder, an amount equal to the greater of (i) 150% times the sum of (w) the then outstanding principal amount of this Note plus (x) accrued and unpaid interest on the unpaid principal amount of this Note to the date of payment (the "Mandatory Prepayment Date") plus (y) Default Interest, if any, on the amounts referred to in clauses (w) and/or (x) plus (z) any amounts owed to the Holder pursuant to Sections 1.3 and 1.4(g) hereof (the then outstanding principal amount of this Note to the date of payment plus the amounts referred to in clauses (x), (y) and (z) shall collectively be known as the "Default Sum") . . . (the "Default Amount") and all other amounts payable hereunder shall immediately become due and payable, all without demand, presentment or notice, all of which hereby are expressly waived, together with all costs, including, without limitation, legal fees and expenses, of collection, and the Holder shall be entitled to exercise all other rights and remedies available at law or in equity.
If the Borrower fails to pay the Default Amount within five (5) business days of written notice that such amount is due and payable, then the Holder shall have the right at any time, so long as the Borrower remains in default (and so long and to the extent that there are sufficient authorized shares), to require the Borrower, upon written notice, to immediately issue, in lieu of the Default Amount, the number of shares of Common Stock of the Borrower equal to the Default Amount divided by the Conversion Price then in effect."
The Default Notice demanded the immediate payment of 150% of the remaining outstanding principal balance ($126,108.00 (current balance) * 1.5 = $189,162.00), together with accrued interest and "Default Interest," as provided for in the Note.
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