0001104659-23-049763.txt : 20230425 0001104659-23-049763.hdr.sgml : 20230425 20230425202530 ACCESSION NUMBER: 0001104659-23-049763 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20230421 FILED AS OF DATE: 20230425 DATE AS OF CHANGE: 20230425 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Courtot George CENTRAL INDEX KEY: 0001867455 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-41236 FILM NUMBER: 23846503 MAIL ADDRESS: STREET 1: 400 SKOKIE BLVD STE 820 CITY: NORTHBROOK STATE: IL ZIP: 60062 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: Banyan Acquisition Corp CENTRAL INDEX KEY: 0001852633 STANDARD INDUSTRIAL CLASSIFICATION: BLANK CHECKS [6770] IRS NUMBER: 862556699 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 400 SKOKIE BLVD STE 820 CITY: NORTHBROOK STATE: IL ZIP: 60062 BUSINESS PHONE: 8477573812 MAIL ADDRESS: STREET 1: 400 SKOKIE BLVD STE 820 CITY: NORTHBROOK STATE: IL ZIP: 60062 4 1 tm2313756-6_4seq1.xml OWNERSHIP DOCUMENT X0407 4 2023-04-21 0 0001852633 Banyan Acquisition Corp BYN 0001867455 Courtot George C/O BANYAN ACQUISITION CORPORATION 400 SKOKIE BLVD, SUITE 820 NORTHBROOK IL 60062 0 1 0 0 Chief Financial Officer 0 Class B common stock 0 2023-04-21 4 A 0 5250 A Class A common stock 5250 5250 D Pursuant to the amendment to the amended and restated certificate of incorporation of Banyan Acquisition Corporation ("Banyan") that became effective on April 21, 2023, the shares of Class B Common Stock held by the Reporting Person became convertible into shares of Class A Common Stock at any time at the Reporting Person's election on a one-for-one basis. The shares of Class B Common Stock also automatically convert into shares of Class A Common Stock at the time of the closing of Banyan's initial business combination on a one-for-one basis and have no expiration date. Exhibit List: Exhibit 24 - Power of Attorney /s/ George Courtot 2023-04-25 EX-24 2 tm2313756d6_ex24.htm EXHIBIT 24

Exhibit 24

POWER OF ATTORNEY

KNOW ALL BY THESE PRESENT, that the undersigned hereby makes, constitutes and appoints Jerry Hyman and Keith Jaffee, acting singly and with full power of substitution or revocation, the undersigned’s true and lawful attorneys-in-fact, with full power and authority as hereinafter described on behalf of and in the name, place and stead of the undersigned to:

(i)

execute for and on behalf of the undersigned, in the undersigned’s capacity as a director, director nominee, officer or beneficial owner of shares of common stock of Banyan Acquisition Corporation, a Delaware corporation (the “Company”), any Schedule 13D or Schedule 13G, and any amendments, supplements or exhibits thereto (including any joint filing agreements) required to be filed by the undersigned under Section 13 of the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder (the “Exchange Act”), and any Forms 3, 4, and 5 and any amendments, supplements or exhibits thereto required to be filed by the undersigned under Section 16(a) of the Exchange Act;

(ii)

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 schedules or forms and timely file such forms with the United States Securities and Exchange Commission and any applicable stock exchange; and

(iii)

take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorneys-in-fact, 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 attorneys-in-fact 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 attorneys-in-fact may approve in such attorneys-in-fact’s discretion.

The undersigned hereby grants to such attorneys-in-fact 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 attorneys-in-fact’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 the foregoing attorneys-in-fact, in serving in such capacity at the request of the undersigned, are not assuming, nor is the Company assuming, any of the undersigned’s responsibilities to comply with, or any liability for the failure to comply with, Section 13 and/or 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 reports or schedules under Section 13 or Section 16 of the Exchange Act with respect to the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneys-in-fact.

IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 19 day of January 2022.

	By:	/s/ George Courtot
	Name:	George Courtot
	Title:	Chief Financial Officer