Beyond (BYON) provided an update regarding the proposed financing arrangements for its pending transaction with Container Store (TCS). When Beyond entered into the Securities Purchase Agreement dated October 15, the parties agreed that Container Store would secure new financing on terms commercially acceptable to Beyond as a condition to closing. Given the importance of The Container Store establishing a sustainable capital structure, Beyond negotiated for and obtained a right to determine, in its sole discretion, the adequacy of The Container Store’s financing arrangements. Based on the financing proposal presented to date, Beyond has concerns regarding The Container Store’s ability to reach agreement with lenders on terms that would satisfy the financing requirements under the Purchase Agreement. Beyond will continue to evaluate any financing proposals The Container Store may provide to Beyond. However, if The Container Store is unable to obtain commercially acceptable financing as set forth in the Purchase Agreement by January 31, 2025, then either party may terminate the Purchase Agreement.
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