0001140361-21-009157.txt : 20210318 0001140361-21-009157.hdr.sgml : 20210318 20210318182053 ACCESSION NUMBER: 0001140361-21-009157 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20210318 FILED AS OF DATE: 20210318 DATE AS OF CHANGE: 20210318 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: FRANK ALEXANDER C CENTRAL INDEX KEY: 0001226177 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-39995 FILM NUMBER: 21755781 MAIL ADDRESS: STREET 1: 525 OKEECHOBEE BLVD., SUITE 1770 CITY: WEST PALM BEACH STATE: FL ZIP: 33401 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: AFC Gamma, Inc. CENTRAL INDEX KEY: 0001822523 STANDARD INDUSTRIAL CLASSIFICATION: REAL ESTATE [6500] IRS NUMBER: 851807125 STATE OF INCORPORATION: MD FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 525 OKEECHOBEE BLVD., SUITE 1770 CITY: WEST PALM BEACH STATE: FL ZIP: 33401 BUSINESS PHONE: 561.510.2390 MAIL ADDRESS: STREET 1: 525 OKEECHOBEE BLVD., SUITE 1770 CITY: WEST PALM BEACH STATE: FL ZIP: 33401 3 1 form3.xml FORM 3 X0206 3 2021-03-18 0 0001822523 AFC Gamma, Inc. AFCG 0001226177 FRANK ALEXANDER C 525 OKEECHOBEE BLVD., SUITE 1770 WEST PALM BEACH FL 33401 true Common Stock 6685 D Stock Option (right to buy) 15.29 2027-11-18 Common Stock 700 D Share numbers give effect to the seven-for-one stock split of each share of the Issuer's Common Stock, which occurred on January 25, 2021. The shares subject to this option fully vested on November 18, 2020 and become exercisable upon the earlier of a "Change in Control Event" or "Public Offering Date" (as such terms are defined in the AFC Gamma, Inc. Stock Incentive Plan). Exhibit List: Exhibit 24 - Power of Attorney /s/ Regina Braman, attorney-in-fact for Alexander Frank 2021-03-18 EX-24 2 brhc10019933_ex24.htm EXHIBIT 24
Exhibit 24

POWER OF ATTORNEY
 
The undersigned hereby constitutes and appoints each of Leonard M. Tannenbaum, Chief Executive Officer of AFC Gamma, Inc., a Delaware corporation (the “Company”), Thomas Geoffroy, Chief Financial Officer of the Company, and Jeeho Lee, Randolph Yiap and Regina Braman of O’Melveny & Myers LLP, outside counsel to the Company, or either of them signing singly, and with full power of substitution, the undersigned’s true and lawful attorneyinfact to:
 

 (1)
prepare, execute in the undersigned’s name and on the undersigned’s behalf, and submit to the U.S. Securities and Exchange Commission (the “SEC”) a Form ID, including amendments thereto, and any other documents necessary or appropriate to obtain codes and passwords enabling the undersigned to make electronic filings with the SEC of reports required by Section 16(a) of the Securities Exchange Act of 1934 as amended and the rules thereunder (the “Exchange Act”) or any rule or regulation of the SEC;
 

 (2)
execute for and on behalf of the undersigned, in the undersigned’s capacity as an officer and/or director of the Company, Forms 3, 4, and 5 in accordance with Section 16(a) of the Exchange Act, and/or authenticating documents pursuant to the rules governing the SEC’s EDGAR Filer Management and application thereto;
 

 (3)
do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form 3, 4, or 5, complete and execute any amendment or amendments thereto, and timely file such forms with the SEC and any stock exchange or similar authority; and


(4)
take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorneyinfact, may be of benefit to, in the best interest of, or legally required by, the undersigned, it being understood that the documents executed by such attorncyinfact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorneyinfact may approve in such attorneyinfact’s discretion.
 
The undersigned hereby grants to each such attorneyinfact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary, or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorneyinfact, or such attorneyinfact’s substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted.
 
The undersigned acknowledges that:
 

 (1)
neither the Company nor the foregoing attorney-in-fact assumes (i) any liability for the undersigned’s responsibility to comply with the requirement of the Exchange Act, (ii) any liability of the undersigned for any failure to comply with such requirements or (iii) any obligation or liability of the undersigned for profit disgorgement under Section 16(b) of the Exchange Act; and
 

 (2)
this Power of Attorney does not relieve the undersigned from responsibility for compliance with the undersigned’s obligations under the Exchange Act, including without limitation the reporting requirements under Section 16 of the Exchange Act.
 
This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 3, 4, and 5 with respect to the undersigned’s holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneysinfact.
 
IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 19 day of  January, 2021.

  /s/ Alexander Frank
  
 
Signature
 
 
 
 Alexander Frank
 
 
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