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Danone trims Lifeway Foods (Nasdaq: LWAY) stake in $19.50 share sale

Filing Impact
(Moderate)
Filing Sentiment
(Neutral)
Form Type
8-K

Rhea-AI Filing Summary

Lifeway Foods, Inc. disclosed that Danone USA Public Benefit Corporation is conducting a secondary underwritten public offering of 3,454,756 shares of Lifeway common stock at $19.50 per share. All shares are being sold by the selling stockholder, so Lifeway will not receive offering proceeds.

Lifeway has agreed to repurchase approximately $5.0 million of these shares at the same price, with the repurchase conditioned on the closing of the offering, which is expected on May 19, 2026 subject to customary conditions. The transaction is being made under an effective Form S-3 shelf registration, with BTIG, LLC acting as sole underwriter and book-running manager.

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Item 1.01 Entry into a Material Definitive Agreement Business
The company signed a significant contract such as a merger agreement, credit facility, or major partnership.
Item 8.01 Other Events Other
Voluntary disclosure of events the company deems important to shareholders but not covered by other items.
Item 9.01 Financial Statements and Exhibits Exhibits
Financial statements, pro forma financial information, and exhibit attachments filed with this report.
Secondary shares offered 3,454,756 shares Common stock sold by Danone USA Public Benefit Corporation
Offering price $19.50 per share Public offering price for secondary sale of common stock
Planned share repurchase Approximately $5.0 million Lifeway repurchase of shares in the offering at $19.50
Expected closing date May 19, 2026 Anticipated closing of secondary underwritten offering
Shelf registration reference Form S-3 No. 333-291148 Registration statement declared effective December 10, 2025
Underwriting Agreement financial
"entered into an underwriting agreement (the “Underwriting Agreement”) with BTIG, LLC"
An underwriting agreement is a contract where a company selling new stocks or bonds hires financial firms to buy those securities and resell them to investors. It matters because the agreement sets the offering price, number of securities, fees and which party bears the risk if sales fall short—think of it as a promise that the sale will happen and a roadmap investors can use to understand how the new securities reach the market.
secondary underwritten public offering financial
"announces pricing of Secondary Underwritten Public Offering of Common Stock"
A secondary underwritten public offering is a sale of already-existing shares by current owners (such as founders, early investors, or institutions) to the public, where one or more investment banks agree to buy any unsold shares and resell them to investors. It matters because it suddenly increases the number of shares available, can put downward pressure on the stock price, and signals that major shareholders are cashing out or providing more liquidity for trading.
shelf registration statement regulatory
"The Offering is being made pursuant to a shelf registration statement on Form S-3"
A shelf registration statement is a document a company files with regulators that allows it to sell shares or bonds quickly when it’s a good time to raise money. It’s like having a pre-approved plan ready so the company can act fast without going through lengthy paperwork each time they want to sell, making fundraising more flexible.
prospectus supplement regulatory
"A preliminary prospectus supplement and accompanying prospectus relating to and describing the terms"
A prospectus supplement is an additional document provided alongside a company's main offering details, offering updated or extra information about a specific financial product being sold. It helps investors understand the latest terms, risks, and details of the investment, similar to how an update or revision clarifies or expands on original instructions, ensuring they have current and complete information before making a decision.
forward-looking statements regulatory
"This press release contains “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act"
Forward-looking statements are predictions or plans that companies share about what they expect to happen in the future, like estimating sales or profits. They matter because they help investors understand a company's outlook, but since they are based on guesses and assumptions, they can sometimes be wrong.
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UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

FORM 8-K

CURRENT REPORT

 

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

 

Date of Report (Date of earliest event reported): May 14, 2026

 

LIFEWAY FOODS, INC.

 

(Exact Name of Registrant as Specified in Its Charter)

 

ILLINOIS   000-17363   36-3442829

(State or Other Jurisdiction of

Incorporation)

  (Commission
File Number)
  (I.R.S. Employer
Identification No.)

 

6431 West Oakton St. Morton Grove, IL   60053
(Address of principal executive offices)   (Zip code)

 

Registrant’s telephone number, including area code: (847) 967-1010

 

N/A

 

(Former Name or Former Address, if Changed Since Last Report)

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

Securities registered pursuant to Section 12(b) of the Act:

 

Title of each Class   Trading Symbol   Name of each exchange on which registered
Common Stock, no par value   LWAY   The Nasdaq Stock Market
Preferred Stock Purchase Rights   None   The Nasdaq Stock Market

 

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§ 230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§ 240.12b 2 of this chapter).

 

Emerging growth company

 

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.

 

 

   

 

 

Item 1.01. Entry into a Definitive Material Agreement.

 

Underwriting Agreement

 

On May 14, 2026, Lifeway Foods, Inc. (the “Company”) entered into an underwriting agreement (the “Underwriting Agreement”) with BTIG, LLC (the “Underwriter”) and Danone USA Public Benefit Corporation (the “Selling Stockholder”) in connection with a public offering of an aggregate of 3,454,756 shares (the “Shares”) of the Company’s common stock, no par value (the “Common Stock”), by the Selling Stockholder at a price to the public of $19.50 per share (the “Offering”).

 

The Offering is being made pursuant to a shelf registration statement on Form S-3 (No. 333-291148) that was previously filed with the Securities and Exchange Commission (“SEC”) and declared effective by the SEC on December 10, 2025 and a prospectus supplement.

 

The closing of the Offering is expected to occur on or about May 19, 2026, subject to the satisfaction of customary closing conditions. The Company will not receive any proceeds from the Offering. The Company has agreed to repurchase approximately $5.0 million of the Shares in the Offering at the same per share price to be paid by investors in the Offering (the “Share Repurchase”). The Offering is not conditioned upon the completion of the Share Repurchase, but the share repurchase is conditioned upon the completion of the Offering.

 

BTIG, LLC is acting as sole underwriter for the Offering.

 

The foregoing description of the Underwriting Agreement does not purport to be complete and is qualified in its entirety by reference to, and incorporate herein by reference, the full text thereof, a copy of which is filed herewith as Exhibit 1.1.

 

Item 8.01. Other Events.

 

On May 14, 2026, the Company issued a press release announcing the pricing of the Offering, a copy of which is attached hereto as Exhibit 99.1.

 

Item 9.01.Financial Statements and Exhibits.

 

(d) Exhibits:

 

Exhibit No.   Description
     
1.1   Underwriting Agreement dated May 14, 2026.
     
5.1   Opinion of Kelley Drye & Warren LLP regarding legality of securities being registered.
     
23.1    Consent of Kelley Drye & Warren LLP (included in Exhibit 5.1).
     
99.1   Press Release dated May 14, 2026.
     
104   Cover Page Interactive Data File (embedded within the Inline XBRL document).

 

 

 

 

 

 2 

 

 

SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

    LIFEWAY FOODS, INC.  
           
           
Date: May 14, 2026   By: /s/ Eric Hanson  
      Name: Eric Hanson  
      Title: Chief Financial and Accounting Officer  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 3 

Exhibit 99.1

 

Lifeway Foods Announces Pricing of Secondary Underwritten Public Offering of Common Stock

 

Morton Grove, IL — May 14, 2026 — Lifeway Foods, Inc. (Nasdaq: LWAY) (“Lifeway” or the “Company”) today announced the pricing of a secondary underwritten public offering (the “Offering”) of 3,454,756 shares of its common stock (“Common Stock”) by Danone USA Public Benefit Corporation (the “Selling Stockholder”) at a price to the public of $19.50 per share.

 

The Offering consists entirely of shares of Common Stock being sold by the Selling Stockholder and is expected to close on May 19, 2026, subject to customary closing conditions. The Company is not selling any shares of Common Stock in the Offering and will not receive any proceeds from the Offering. The Company has agreed to repurchase approximately $5.0 million of the Shares in the Offering at the same per share price to be paid by investors in the Offering (the “Share Repurchase”). The Offering is not conditioned upon the completion of the Share Repurchase, but the share repurchase is conditioned upon the completion of the Offering.

 

BTIG is acting as the sole book-running manager for the Offering.

 

The Offering is being made pursuant to a shelf registration statement on Form S-3 (No. 333-291148) that was previously filed with the Securities and Exchange Commission (“SEC”) and declared effective by the SEC on December 10, 2025. A preliminary prospectus supplement and accompanying prospectus relating to and describing the terms of the Offering is available on the SEC's website located at www.sec.gov. Copies of the final prospectus supplement and the accompanying prospectus relating to the Offering may also be obtained, when available, by contacting: BTIG, LLC, 65 East 55th Street, New York, New York 10022, Attn: Syndicate Department, BTIGSyndicateCoverage@btig.com.

 

This press release does not constitute an offer to sell or the solicitation of an offer to buy securities, and shall not constitute an offer, solicitation or sale in any jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of that jurisdiction.

 

About Lifeway Foods, Inc.

 

Lifeway Foods, Inc., which has been recognized as one of America's Growth Leaders by TIME, as Dairy Foods' Processor of the Year 2025, one of Forbes' Best Small Companies and named to Inc.'s 2025 Best in Business list in the Best Challenger Brands category, is America's leading supplier of the probiotic, fermented beverage known as kefir. In addition to its line of drinkable kefir, the Company also produces a variety of cheeses and a ProBugs® line for kids. Lifeway's tart and tangy fermented dairy products are now sold across the United States, Mexico, United Arab Emirates, Central America and the Caribbean. Learn how Lifeway is good for more than just you at lifewayfoods.com.

 

Cautionary Statement Regarding Forward-Looking Statements

 

This press release contains “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995, as amended, including, without limitation, express or implied statements related to Bel’s expectations regarding the timing and closing of the offering. The words “may,” “will,” “could,” “would,” “should,” “expect,” “plan,” “anticipate,” “intend,” “believe,” “estimate,” “predict,” “project,” “potential,” “continue,” “seek,” “target” and similar expressions are intended to identify forward-looking statements, although not all forward-looking statements contain these identifying words. Any forward-looking statements in this press release are based on management’s current expectations and beliefs and are subject to a number of risks, uncertainties and important factors that may cause actual events or results to differ materially from those expressed or implied by any forward-looking statements contained in this press release. The Company cautions you not to place undue reliance on any forward-looking statements, which speak only as of the date they are made. The Company disclaims any obligation to publicly update or revise any such statements to reflect any change in expectations or in events, conditions or circumstances on which any such statements may be based, or that may affect the likelihood that actual results will differ from those set forth in the forward-looking statements.

 

Derek Miller

Vice President of Communications, Lifeway Foods

Email: derekm@lifeway.net

 

General inquiries:

Lifeway Foods, Inc.

Phone: 847-967-1010

Email: info@lifeway.net

FAQ

What secondary offering did Lifeway Foods (LWAY) announce on May 14, 2026?

Lifeway Foods reported a secondary underwritten public offering of 3,454,756 common shares at $19.50 per share. All shares are being sold by Danone USA Public Benefit Corporation, not by Lifeway itself.

Will Lifeway Foods (LWAY) receive any cash from this secondary offering?

Lifeway Foods will not receive proceeds from the 3,454,756-share secondary offering. All sale proceeds go to Danone USA Public Benefit Corporation, which is the selling stockholder in this transaction.

What share repurchase is Lifeway Foods (LWAY) planning in connection with the offering?

Lifeway Foods has agreed to repurchase approximately $5.0 million of the shares sold in the offering at $19.50 per share. This repurchase is conditioned on completion of the secondary offering itself.

When is the Lifeway Foods (LWAY) secondary offering expected to close?

The secondary offering is expected to close on May 19, 2026. Completion is subject to customary closing conditions typical for underwritten public offerings of common stock.

Who is managing the Lifeway Foods (LWAY) secondary stock sale?

BTIG, LLC is acting as the sole underwriter and sole book-running manager. The offering is being conducted under Lifeway’s effective Form S-3 shelf registration statement and a related prospectus supplement.

Which Lifeway Foods (LWAY) shareholder is selling in the offering?

Danone USA Public Benefit Corporation is the sole selling stockholder in the secondary offering. It is selling 3,454,756 Lifeway common shares at a public offering price of $19.50 per share.

Filing Exhibits & Attachments

7 documents