Additional Proxy Soliciting Materials (definitive) (defa14a)
02 Abril 2021 - 4:06AM
Edgar (US Regulatory)
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
DC 20549
SCHEDULE
14A
Consent
Revocation Statement Pursuant To Section 14(a) of the Securities Exchange Act of 1934
Filed
by the Registrant
|
[X]
|
|
Filed
by a Party other than the Registrant
|
[ ]
|
Check
the appropriate box:
|
[ ]
|
Preliminary
Consent Revocation Statement
|
[ ]
|
Confidential,
for Use of the Commission Only (as permitted by Rule 14a-6(e)(2))
|
[ ]
|
Definitive
Consent Revocation Statement
|
[X]
|
Definitive
Additional Materials
|
[ ]
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Soliciting
Material under §240.14a-12
|
TARONIS
FUELS, INC.
(Name
of Registrant as Specified in its Charter)
(Name
of Person(s) Filing Consent Revocation Statement, if other than the Registrant)
Payment
of Filing Fee (Check the appropriate box):
|
[X]
|
No
fee required.
|
[ ]
|
Fee
computed on table below per Exchange Act Rules 14a-6(i)(1) and 0-11.
|
|
(1)
|
Title
of each class of securities to which transaction applies:
|
|
(2)
|
Aggregate
number of securities to which transaction applies:
|
|
(3)
|
Per
unit price or other underlying value of transaction computed pursuant to Exchange Act Rule 0-11 (set forth the amount on which the
filing fee is calculated and state how it was determined):
|
|
(4)
|
Proposed
maximum aggregate value of transaction:
|
|
(5)
|
Total
fee paid:
|
[ ]
|
Fee
paid previously with preliminary materials.
|
[ ]
|
Check
box if any part of the fee is offset as provided by Exchange Act Rule 0-11(a)(2) and identify the filing for which the offsetting
fee was paid previously. Identify the previous filing by registration statement number, or the Form or Schedule and the date of its
filing.
|
|
(1)
|
Amount
Previously Paid:
|
|
(2)
|
Form,
Schedule or Registration Statement No.:
|
|
(3)
|
Filing
Party:
|
|
(4)
|
Date
Filed:
|
As
previously disclosed in Taronis Fuels, Inc.’s (the “Company”) definitive consent revocation statement on Schedule
14A filed with the Securities and Exchange Commission on March 10, 2021, Mr. Wetherald filed a lawsuit in the Delaware Court of Chancery
on March 5, 2021 seeking, among other relief, clarification from the court of the appropriate record date and the rights of certain shares
of Common Stock issued after February 12, 2021 with respect to the Activist Consent Solicitation.
On
April 1, 2021, the Delaware Court of Chancery issued a ruling in which it declared that the record date for purposes of the Activist
Consent Solicitation is February 12, 2021 (the “Record Date”). The Delaware Court of Chancery’s ruling, which
took immediate effect, means that only holders of record as of the close of business on February 12, 2021 may execute, withhold or revoke
consents with respect to the Activist Consent Solicitation. The Consent Proposals will become effective if valid, unrevoked consents
signed by the holders of a majority of the shares of Common Stock outstanding as of the Record Date are delivered to the Company no later
than April 13, 2021, which is the date that is 60 days following February 12, 2021.
The
Company is currently evaluating potential courses of action with respect to the Delaware Court of Chancery’s ruling.
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