Hawks Acquisition Corp Will Redeem Its Public Shares and Will Not Consummate an Initial Business Combination
28 Juni 2023 - 5:27AM
Business Wire
Hawks Acquisition Corp (NYSE: HWKZ) (“Hawks” or the “Company”),
a publicly-traded special purpose acquisition company, today
announced that it will redeem all of its outstanding shares of
Class A common stock, par value $0.0001 (the “Class A Common
Stock”), other than shares of Class A Common Stock that have been
converted from shares of Class B Common Stock (as defined below)
(such shares to be redeemed, the “public shares”), because Hawks
will not consummate an initial business combination within the time
period required by its Amended and Restated Certificate of
Incorporation (the “Certificate of Incorporation”).
As stated in the Certificate of Incorporation, if the Company is
unable to complete an initial business combination by December 13,
2023 (or such earlier date as determined by the Company’s board of
directors (the “Board”)), the Company will: (i) cease all
operations except for the purpose of winding up, (ii) as promptly
as reasonably possible but not more than ten business days
thereafter, redeem the public shares, at a per-share price, payable
in cash, equal to the aggregate amount then on deposit in the trust
account, including interest earned on the funds held in the trust
account (net of permitted withdrawals and up to $100,000 of
interest to pay dissolution expenses), divided by the number of
then outstanding public shares, which redemption will completely
extinguish public stockholders' rights as stockholders (including
the right to receive further liquidating distributions, if any),
and (iii) as promptly as reasonably possible following such
redemption, subject to the approval of the remaining stockholders
and the board of directors, liquidate and dissolve, subject, in
each case, to the Company’s obligations under Delaware law to
provide for claims of creditors and other requirements of
applicable law. On June 27, 2023, the Board determined to set the
date by which the Company has to complete its initial business
combination to June 27, 2023.
The per-share redemption price for the public shares will be an
amount equal to the balance in the trust account after any
permitted Trust withdrawals for income taxes and permitted
liquidation expenses, divided by the number of public shares
outstanding (the “Redemption Amount”). The Company is in the
process of determining the estimated tax expenses and will announce
the Redemption Amount prior to liquidation. The last day that the
Company’s securities will trade on the New York Stock Exchange (the
“NYSE”) will be July 11, 2023. As of July 12, 2023, the public
shares will be deemed cancelled and will represent only the right
to receive the Redemption Amount.
The Redemption Amount will be payable to the holders of the
public shares upon presentation of their respective stock or unit
certificates or other delivery of their shares or units to the
Company’s transfer agent, Continental Stock Transfer & Trust
Company. Beneficial owners of public shares held in “street name,”
however, will not need to take any action in order to receive the
Redemption Amount.
There will be no redemption rights or liquidating distributions
with respect to the Company’s warrants, which will expire
worthless.
The Company’s sponsor has waived its redemption rights with
respect to the shares of Class A Common Stock converted from shares
of the Company’s Class B common stock, par value $0.0001 per share
(the “Class B Common Stock”) and private placement warrants
pursuant to the Certificate of Incorporation. After July 12, 2023,
the Company shall cease all operations except for those required to
wind up the Company’s business.
The Company expects that the NYSE will file a Form 25 with the
United States Securities and Exchange Commission (the “Commission”)
to delist its securities. The Company thereafter expects to file a
Form 15 with the Commission to terminate the registration of its
securities under the Securities Exchange Act of 1934, as
amended.
Forward-Looking Statements
This press release may include, and oral statements made from
time to time by representatives of Hawks may include,
“forward-looking statements” within the meaning of Section 27A of
the Securities Act of 1933, as amended, and Section 21E of the
Securities Exchange Act of 1934, as amended. Statements regarding
possible business combinations and the financing thereof, and
related matters, as well as all other statements other than
statements of historical fact included in this press release are
forward-looking statements. When used in this press release, words
such as “anticipate,” “believe,” “continue,” “could,” “estimate,”
“expect,” “intend,” “may,” “might,” “plan,” “possible,”
“potential,” “predict,” “project,” “should,” “would” and similar
expressions, as they relate to us or our management team, identify
forward-looking statements. Such forward-looking statements are
based on the beliefs of management, as well as assumptions made by,
and information currently available to, the Company’s management.
Actual results could differ materially from those contemplated by
the forward-looking statements as a result of certain factors
detailed in the Company’s filings with the Securities and Exchange
Commission (“SEC”). All subsequent written or oral forward-looking
statements attributable to us or persons acting on our behalf are
qualified in their entirety by this paragraph. Forward-looking
statements are subject to numerous conditions, many of which are
beyond the control of the Company, including those set forth in the
Risk Factors section of the Company’s annual report on Form 10-K
for the fiscal year ended December 31, 2022, filed with the SEC on
March 22, 2023. The Company undertakes no obligation to update
these statements for revisions or changes after the date of this
release, except as required by law.
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