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)
May 12,
2021
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cbdMD, Inc.
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(Exact name of registrant as specified in its charter)
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North Carolina
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001-38299
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47-3414576
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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 No.)
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8845 Red Oak Blvd, Charlotte, NC 28217
(Address of principal executive offices)(Zip Code)
Registrant's
telephone number, including area code: (704) 445-3060
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_______________________________________
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(Former name or former address, if changed since last
report)
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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 (see General Instruction A.2.
below):
☐
Written
communications pursuant to Rule 425 under the Securities Act (17
CFR 230.425)
☐
Soliciting material
pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
☐
Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17
CFR 240.14d-2(b))
☐
Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17
CFR 240.13e-4(c))
Securities
registered pursuant to Section 12(b) of the Act:
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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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common
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YCBD
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NYSE
American
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8.0%
Series A Cumulative Convertible Preferred Stock
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YCBDpA
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NYSE
American
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Indicate by check mark whether the registrant is an emerging growth
company as defined in 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).
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Emerging
growth company ☑
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If an
emerging growth company, indicate by checkmark if the registrant
has elected not to use the extended transition period for complying
with any new or revised financial accounting standards provided
pursuant to Section 13(a) of the Exchange
Act. ☐
Item
2.02 Results of Operation and Financial
Condition .
On
May 12, 2021 cbdMD, Inc. issued a press release announcing its
second quarter fiscal 2021 results. A copy of this press release is
furnished as Exhibit 99.1 to this report.
Pursuant
to General Instruction B.2 of Form 8-K, the information in this
Item 2.02 of Form 8-K, including Exhibit 99.1, is being furnished
and shall not be deemed “filed” for the purposes of
Section 18 of the Securities Exchange Act of 1934 or otherwise be
subject to the liabilities of that section, nor is it incorporated
by reference into any filing of cbdMD, Inc. under the Securities
Act of 1933 or the Securities Exchange Act of 1934, whether made
before or after the date hereof, regardless of any general
incorporation language in such filing.
Item
7.01 Regulation
FD Disclosure.
On
May 12, 2021 cbdMD, Inc. issued a press release announcing its
second quarter fiscal 2021 results. A copy of this press release is
furnished as Exhibit 99.1 to this report.
Pursuant
to General Instruction B.2 of Form 8-K, the information in this
Item 7.01 of Form 8-K, including Exhibit 99.1, is being furnished
and shall not be deemed “filed” for the purposes of
Section 18 of the Securities Exchange Act of 1934 or otherwise be
subject to the liabilities of that section, nor is it incorporated
by reference into any filing of cbdMD, Inc. under the Securities
Act of 1933 or the Securities Exchange Act of 1934, whether made
before or after the date hereof, regardless of any general
incorporation language in such filing.
Item
9.01 Financial
Statements and Exhibits.
(d)
Exhibits.
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Incorporated by Reference
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Filed or
Furnished
Herewith
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No.
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Exhibit Description
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Form
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Date Filed
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Number
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Press
release dated May 12, 2021
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Furnished
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SIGNATURES
Pursuant to the
requirements of the Securities Exchange Act of 1934, the registrant
has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
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cbdMD,
Inc.
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Date:
May 12, 2021
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By:
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/s/ T.
Ronan Kennedy
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T.
Ronan Kennedy, Chief Financial Officer
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