ShiftPixy, Inc. Announces Special Distribution of Shares of Industrial Human Capital, Inc.
13 Mai 2022 - 1:30PM
Business Wire
ShiftPixy, Inc. (NASDAQ: PIXY) (“ShiftPixy” or the “Company”), a
Florida-based national staffing enterprise which designs, manages,
and sells access to a disruptive, revolutionary platform that
facilitates employment in the rapidly growing Gig Economy, today
announced that its Board of Directors (the “Board”) approved a
special distribution to ShiftPixy shareholders in the form of
shares of common stock of Industrial Human Capital, Inc. (NYSE:
AXH), the special purpose acquisition company, or “SPAC”, in which
ShiftPixy currently owns an approximate 15% ownership stake. All
ShiftPixy shareholders of record as of May 17, 2022, will receive
their pro rata share of AXH common stock equal in proportion to
their percentage holdings of ShiftPixy common stock issued and
outstanding, subject to certain conditions described below. The
exact number of shares of AXH common stock to be received by
ShiftPixy shareholders for each share of ShiftPixy common stock
will be determined immediately before the record date based on the
number of shares of ShiftPixy common stock outstanding on an
as-converted and as-exercised basis. The AXH shares are expected to
be distributed to eligible ShiftPixy shareholders as soon as
practicable following the completion of AXH’s initial business
combination, subject to a registration statement covering the AXH
shares being declared effective by the Securities and Exchange
Commission (“SEC”). Fractional shares will not be issued, and no
distributions will be made in lieu of fractional shares. There is
no assurance that AXH will be able to successfully complete its
initial business combination, in which case AXH would cease all
operations except for the purpose of winding up and the AXH common
stock will be worthless.
ShiftPixy acquired the AXH shares subject to the special
distribution as part of its financial sponsorship of AXH. Pursuant
to the terms of that transaction, ShiftPixy is permitted to divest
these shares by whatever means it deems appropriate and in its best
interests to ensure that it does not become an “investment company”
subject to registration under the Investment Company Act of 1940
(the “1940 Act”). ShiftPixy’s Board believes that the special
distribution will enable the Company to avoid registration under
the 1940 Act.
Payment of the special distribution will be subject to certain
conditions, including: (i) consummation of AXH’s initial business
combination; (ii) filing with the SEC of a registration statement
covering the AXH common stock subject to the special distribution,
which the SEC has declared effective; and (iii) a determination by
the Board at the time of payment that the special distribution
complies with all relevant provisions of Wyoming law. In addition,
all shares subject to the special distribution shall be subject to
transfer restrictions pursuant to lock up provisions agreed to by
ShiftPixy and A.G.P./Alliance Global Partners (“AGP”), as
representative of the underwriters of the AXH initial public
offering, and AXH, that provide that such securities are not
transferable or salable until one (1) year after the completion of
the initial business combination, subject to certain exceptions, as
described in the Registration Statement on Form S-1 filed by AXH
with the SEC and declared effective on October 19, 2021.
ShiftPixy shareholders do not currently need to take any action
to receive the special distribution of AXH common stock. Following
the completion of AXH’s initial business combination, ShiftPixy
shareholders will continue to hold, along with their new shares of
AXH common stock, the same number of shares of ShiftPixy common
stock they held immediately prior to the special distribution.
ShiftPixy shareholders are encouraged to consult with their
financial and tax advisors regarding the specific implications of
receiving the special distribution.
About ShiftPixy
ShiftPixy is a disruptive human capital services enterprise,
revolutionizing employment in the Gig Economy by delivering a
next-gen platform for workforce management that helps businesses
with shift-based employees navigate regulatory mandates, minimize
administrative burdens and better connect with a ready-for-hire
workforce. With expertise rooted in management’s nearly 26 years of
workers’ compensation and compliance programs experience, ShiftPixy
adds a needed layer for addressing compliance and continued demands
for equitable employment practices in the growing Gig Economy.
ShiftPixy Cautionary Statement
The information provided in this release includes
forward-looking statements, the achievement or success of which
involves risks, uncertainties, and assumptions. These
forward-looking statements are made pursuant to the safe harbor
provisions within the meaning of Section 27A of the Securities Act
of 1933, and Section 21E of the Securities Exchange Act of 1934, as
amended (the “Exchange Act”). Although such forward-looking
statements are based upon what our management believes are
reasonable assumptions, there can be no assurance that
forward-looking statements will prove to be accurate. If any of the
risks or uncertainties, including those set forth below,
materialize or if any of the assumptions proves incorrect, our
results could differ materially from the results expressed or
implied by the forward-looking statements we make. The risks and
uncertainties include, but are not limited to, the occurrence of
any event, change or other circumstances that could give rise to
the termination of the proposed special distribution; the risk that
any necessary regulatory approvals may not be obtained or may be
obtained subject to conditions that are not anticipated; risks that
AXH’s initial business combination is not completed by October 22,
2022; risks that the anticipated tax treatment of the proposed
distribution is not obtained; risks related to litigation brought
in connection with the proposed special distribution; risks
associated with the nature of our business model; our ability to
execute our vision and growth strategy; our ability to form
ongoing, profitable relationships with Industrial Human Capital;
our ability to attract and retain clients; our ability to assess
and manage risks; changes in the law that affect our business and
our ability to respond to such changes and incorporate them into
our business model, as necessary; our ability to insure against and
otherwise effectively manage risks that affect our business; risks
arising from the COVID-19 pandemic or any other events that could
cause wide-scale business disruptions; competition; reliance on
third-party systems and software; our ability to protect and
maintain our intellectual property; and general developments in the
economy and financial markets. These and other risks are discussed
in our filings with the SEC, including, without limitation, our
Annual Report on Form 10-K, filed on December 3, 2021, as amended,
our Quarterly Reports on Form 10-Q and our Current Reports on Form
8-K. These documents, including the sections therein entitled “Risk
Factors,” identify important factors that could cause actual
results to differ materially from those contained in
forward-looking statements. All of our forward-looking statements
are expressly qualified by all such risk factors and other
cautionary statements. Statements made in connection with any
guidance may refer to financial statements that have not been
reviewed or audited. We undertake no obligation to update
forward-looking statements if circumstances or management's
estimates or opinions should change, except as required by
applicable securities laws. The information in this press release
shall not be deemed to be "filed" for the purpose of Section 18 of
the Exchange Act, or otherwise subject to the liabilities of that
section, and will not be deemed an admission as to the materiality
of any information that is required to be disclosed solely by
Regulation FD. Further information on these and other factors that
could affect our financial results is included in the filings we
make with the SEC from time to time. These documents are available
on the "SEC Filings" subsection of the "Investor Information"
section of our website at
https://ir.shiftpixy.com/financial-information/sec-filings, or
directly from the SEC’s website at https://www.sec.gov.
Consistent with the SEC’s April 2013 guidance on using social
media outlets like Facebook and Twitter to make corporate
disclosures and announce key information in compliance with
Regulation FD, we are alerting investors and other members of the
general public that we will provide updates on operations and
progress required to be disclosed under Regulation FD through the
Company’s social media on Facebook, Twitter, LinkedIn and YouTube.
Investors, potential investors, shareholders and individuals
interested in us are encouraged to keep informed by following us on
Facebook, Twitter, LinkedIn and YouTube.
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INVESTOR: InvestorRelations@shiftpixy.com
800.475.3655
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