Current Report Filing (8-k)
September 30 2020 - 4:00PM
Edgar (US Regulatory)
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
DC 20549
FORM
8-K
CURRENT
REPORT
Pursuant
to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date
of Report (Date of earliest event reported): September 24, 2020
FUBOTV
INC.
(Exact
name of registrant as specified in its charter)
Florida
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000-55353
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26-4330545
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(State
or other jurisdiction of
incorporation
or organization)
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(Commission
File Number)
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(I.R.S.
Employer
Identification Number)
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1330
Avenue of the Americas, New York, NY
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10019
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(Address
of principal executive offices)
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(Zip
Code)
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Registrant’s
telephone number, including area code:
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(212)
672-0055
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Check
the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant
under any of the following provisions:
[ ]
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
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[ ]
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
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[ ]
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
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[ ]
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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Securities
registered pursuant to Section 12(b) of the Act:
Title
of each class
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Trading
Symbol(s)
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Name
of each exchange on which registered
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N/A
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N/A
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N/A
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Indicate
by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405
of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging
growth company [ ]
If
an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for
complying with any new or revised financial accounting standards pursuant to Section 13(a) of the Exchange Act. [ ]
Item 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.
On September 29, 2020, fuboTV Inc., a Florida
corporation (the “Company”), filed an amendment to its Articles of Incorporation to withdraw, cancel and terminate
the previously filed Certificate of Designation with respect to 2,000,000 shares of its Series D Convertible Preferred Stock,
par value $0.0001 per share (the “Amendment”). Evidence of the file-stamped Amendment had not been received
from Florida’s Secretary of State as of September 30, 2020. Upon the withdrawal, cancelation and termination of such designation,
all shares previously designated as Series D Convertible Preferred Stock will be returned to the status of authorized but undesignated
shares of Preferred Stock, par value $0.0001 per share of the Company.
The foregoing description of the Articles
of Amendment is qualified in its entirety by reference to the Articles of Amendment, a copy of which is filed as Exhibit 3.1 hereto
and incorporated herein by reference.
Item
5.07 Submission of Matters to a Vote of Security Holders.
On
September 24, 2020, a majority of the Series AA Convertible Preferred Stock (the “Series AA”) of the Company,
acting by written consent pursuant to Section 607.0704 of the Florida Business Corporation Act, approved a waiver under the Certificate
of Designation of Series AA of the Company in connection with the redemption of 203,000 shares of the Company’s Series D
Convertible Preferred Stock on September 2, 2020 (the “Redemption”). As of September 28, 2020, the holders
of 20,820,439 shares, or 65.86%, of the Series AA had approved the Redemption.
Item
9.01 Financial Statements and Exhibits.
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed
on its behalf by the undersigned, hereunto duly authorized.
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FUBOTV
INC.
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Date:
September 30, 2020
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By:
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/s/
David Gandler
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Name:
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David
Gandler
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Title:
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Chief
Executive Officer
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