0001079973-24-000233.txt : 20240214 0001079973-24-000233.hdr.sgml : 20240214 20240214120005 ACCESSION NUMBER: 0001079973-24-000233 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20240123 FILED AS OF DATE: 20240214 DATE AS OF CHANGE: 20240214 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: SMITH MARK A CENTRAL INDEX KEY: 0001168243 ORGANIZATION NAME: FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-19333 FILM NUMBER: 24634733 MAIL ADDRESS: STREET 1: 641 LEXINGTON AVENUE STREET 2: 17TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10022 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: BION ENVIRONMENTAL TECHNOLOGIES INC CENTRAL INDEX KEY: 0000875729 STANDARD INDUSTRIAL CLASSIFICATION: AGRICULTURE CHEMICALS [2870] ORGANIZATION NAME: 08 Industrial Applications and Services IRS NUMBER: 841176672 STATE OF INCORPORATION: CO FISCAL YEAR END: 0630 BUSINESS ADDRESS: STREET 1: PO BOX 323 CITY: OLD BETHPAGE STATE: NY ZIP: 11804 BUSINESS PHONE: (212) 758-6622 MAIL ADDRESS: STREET 1: PO BOX 323 CITY: OLD BETHPAGE STATE: NY ZIP: 11804 FORMER COMPANY: FORMER CONFORMED NAME: RSTS CORP DATE OF NAME CHANGE: 19930328 4 1 ownership.xml X0508 4 2024-01-23 0 0000875729 BION ENVIRONMENTAL TECHNOLOGIES INC BNET 0001168243 SMITH MARK A 500 MOHAWK DRIVE #108 BOULDER CO 80303 1 1 1 0 President 0 Common Stock 2024-01-23 4 M 0 2439426 0.00 A 4416255 D Common Stock 2024-01-23 4 M 0 85354 0.00 A 85354 I Lotaylingkyur LLC Common Stock 53756 I Wife IRA Common Stock 62535 I MAS IRA Common Stock 12681 I Lotaylingkyur Foundation 2020 Non Adjusted Convertible Obligation 0.50 Common Stock 237464 237464 D Deferred Compensation 0.75 Common Stock 93934 93934 D Class CAP2017 Warrants 0.75 2024-01-23 4 M 0 300000 0.00 D Common Stock 0 D Class MAS Various Warrants 0.75 2024-01-23 4 M 0 1600487 0.00 D Common Stock 0 D Class MAS Various Warrants 0.75 2024-01-23 4 M 0 106500 0.00 D Common Stock 0 D Class MAS Various Warrants 0.75 2024-01-23 4 M 0 820209 0.00 D Common Stock 0 D Class FEB2021-2 0.75 2024-01-23 4 M 0 100001 0.00 D Common Stock 0 I Lotaylingkyur Inc. Options (Right to Buy) Common Stock 2425000 2425000 D On January 23, 2024 Mr. Smith and his spouse elected to exercise 2,827,196 warrants at an exercise price of $.75/warrant with price adjustments ranging from 75% to 90% which will result in the issuance of 2,439,426 shares of common stock. These warrants were exercised using the cashless exercise option. The administrative process involved in these exercises/issuances has been long and extended and none of the shares have been issued and delivered as of the date of filing this report. Details regarding these exercises are set forth in the notes below. On January 23, 2024 100,001 warrants registered to Lotaylingkyur, Inc. (controlled by Mr. & Mrs. Smith) were exercised at a price of $.75/warrant (with a 75% price adjustment), and 85,354 shares of common stock were issued (under Bion's S-8 Registration Statement and 2006 Incentive Plan). As of December 31, 2023, the balance of the 2020 Convertible Obligation owned by Mr. Smith was $118,731.68 convertible into 237,464 units (each unit consisting of one share and one warrant exercisable at $.75/warrant). Each warrant will include the potential to have a price adjustment of 75%. As of December 31, 2023, the balance of deferred compensation owed to Mr. Smith was $70,450 (convertible into 93,934 shares of common stock at $0.75 per share). On January 23, 2024, Mr. Smith exercised 300,000 Class CAP2017 warrants were exercised @ $.75/warrant (with a price adjustment of 90%) and 282, 422 shares of restricted stock were issued. On January 23, 2024, 1,600,487 Class MAS Various warrants were exercised at $0.75/warrant (with a price adjustment of 75%) and 1,366,042 shares were issued (under Bion's S-8 from the S-8 Registration Statement and 2006 Incentive Plan). On January 23, 2024, 106,500 Class MAS Various warrants were exercised at $0.75/warrant (with a price adjustment of 75%) and 90,900 shares of restricted stock were issued. On January 23, 2024, 820,209 Class MAS various warrants registered to Mr. Smith's spouse were exercised at $0.75 (with a price adjustment of 75%) and 700,062 shares were issued (under Bion's S-8 Registration Statement and 2006 Incentive Plan). These options are comprised of various classes and various exercise of prices with expiration dates ranging from 2024 to 2026 and exercise bonus terms ranging from 75% to 90%. /s/ Mark A. Smith 2024-02-14