Faraday Future amends bylaws, affects shareholder rights

Published 09/04/2025, 22:40
Faraday Future amends bylaws, affects shareholder rights

GARDENA, CA - Faraday Future Intelligent Electric Inc. (NASDAQ:FFAI), an emerging electric vehicle manufacturer with a market capitalization of $91.48 million, has implemented significant changes to its corporate structure and shareholder rights, as revealed in a recent filing with the Securities and Exchange Commission. The company's stock, currently trading at $1.10, has experienced significant volatility with a beta of 4.76, according to InvestingPro data.

On Monday, April 3, 2025, Faraday Future filed a Certificate of Designation, followed by a Certificate of Correction on Wednesday, April 9, 2025, to correct a clerical error. These documents, collectively known as the Series B Certificate of Designation, have established a new class of preferred stock, Series B Preferred Stock, which is not convertible into common stock and holds no entitlement to dividends.

The newly created Series B Preferred Stock, totaling 9 million shares, carries one vote per share, equaling the voting power of common stockholders in all matters presented to shareholders. In the event of liquidation or similar corporate restructuring, Series B Preferred Stockholders are prioritized in asset distribution. The amount they are entitled to receive is calculated based on the outstanding principal of their Unsecured Notes, minus any prior payments related to those notes, divided by the number of Series B shares held.

The Series B Preferred Stock is subject to transfer restrictions and cannot be transferred without the approval of the company's board of directors. Additionally, upon conversion of Unsecured Notes or Incremental Notes by a holder, a corresponding number of Series B Preferred Stock shares will be automatically redeemed by the company for no consideration and will cease to be outstanding.

These amendments come after a securities purchase agreement was made on March 21, 2025, under which Faraday Future agreed to issue the Series B Preferred Stock among other securities. The company's shares have declined nearly 59% year-to-date, reflecting ongoing challenges. InvestingPro analysis indicates a Weak overall Financial Health score of 1.24, suggesting potential risks for investors.

This strategic move could reshape the company's financial structure and influence future governance decisions. The company's stock (NASDAQ:FFAI) and warrants (NASDAQ:FFAIW) are traded on The Nasdaq Stock Market LLC. With the next earnings report due in 37 days, investors seeking deeper insights can access comprehensive analysis and additional metrics through InvestingPro's detailed research report, one of 1,400+ available for US equities.

The detailed terms of the Series B Preferred Stock and the related corrections are outlined in the SEC filing, which is based on the company's official statements.

In other recent news, Faraday Future Intelligent Electric Inc. has secured a new cash financing commitment of $41 million, marking the third funding round in six months. This brings the company's total raised funds to over $100 million since September 2024, intended to support corporate growth and the development of the FX brand. Additionally, Faraday Future has begun testing its FX 6 prototype vehicles, marking a significant step in its strategy to produce Advanced Intelligent Electric Vehicles for the mass market. The company plans to introduce a lineup of up to three models with price targets ranging from $20,000 to $50,000.

Faraday Future has also announced plans to enter the New York State EV market, offering premium leasing services for its FF 91 model and potential future FX models. This strategic move aims to boost the company's brand visibility and strengthen its U.S. presence. Furthermore, the company is seeking shareholder approval to increase its authorized Common Stock by 24%, as part of a broader plan to meet obligations to holders of its convertible notes.

In a recent 8-K filing, Faraday Future disclosed agreements with institutional investors to adjust stockholder rights and prevent conversion of notes at prices below initial levels before stockholder approval. These developments indicate Faraday Future's ongoing efforts to enhance its financial stability and strategic growth initiatives.

This article was generated with the support of AI and reviewed by an editor. For more information see our T&C.

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