Item 5.03. Amendments to Articles of Incorporation or Bylaws; Change in Fiscal
Year.
As previously disclosed, at a special meeting in lieu of the 2022 annual meeting
of stockholders held on December 15, 2022 (the "Special Meeting"), the
stockholders of Bite Acquisition Corp. (the "Company") approved alternative
proposals to amend the Company's amended and restated certificate of
incorporation (the "Charter") to (i) extend the date by which the Company has to
consummate an initial business combination from February 17, 2023 to up to
August 17, 2023 (the "Extension Charter Amendment Proposal") or (ii) change the
date by which the Company has to complete an initial business combination to the
time and date immediately following the filing of the amendment with the
Secretary of State of the State of Delaware (the "Termination Charter Amendment
Proposal"). The Company also previously disclosed that it would issue a Current
Report on Form 8-K to report its decision on whether or not to implement the
Extension Charter Amendment Proposal or the Termination Charter Amendment
proposal. On December 19, 2022, the Company determined to implement the
Extension Charter Amendment Proposal.
Accordingly, as approved by its stockholders at the Special Meeting, the Company
filed an amendment to its Charter with the Delaware Secretary of State on
December 19, 2022 (the "Charter Amendment"), to extend the date by which the
Company has to consummate an initial business combination (the "Business
Combination") from February 17, 2023 (the "Termination Date") to August 17,
2023, by electing to extend the date to consummate an initial business
combination on a monthly basis for up to six times by an additional one month
each time after the Termination Date, until August 17, 2023 or a total of up to
six months after the Termination Date, or such earlier date as determined by the
board of directors of the Company, unless the closing of the Company's initial
business combination shall have occurred, provided that Smart Dine, LLC (the
"sponsor") (or its affiliates or permitted designees) will deposit into a trust
account established for the benefit of the Company's public stockholders (the
"Trust Account") an amount determined by multiplying $0.05 by the number of
public shares then outstanding, up to a maximum of $150,000 for each such
one-month extension unless the closing of the Company's initial business
combination shall have occurred in exchange for a non-interest bearing,
unsecured promissory note payable upon consummation of a business combination.
The foregoing description is qualified in its entirety by reference to the
Charter Amendment, a copy of which is attached as Exhibit 3.1 hereto and is
incorporated by reference herein.
Item 9.01. Financial Statements and Exhibits
(c) Exhibits:
Exhibit
No. Description
3.1 Certificate of Amendment to the Amended and Restated Certificate of
Incorporation of Bite Acquisition Corp., dated December 19, 2022.
104 Cover Page Interactive Data File (embedded within the Inline XBRL
document).
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BITE ACQUISITION CORP. 
