Exhibit 3(a)(2)
EXHIBIT A TO
the Certificate of Correction to the
Certificate of Designations, Preferences and Rights of the
Series G Convertible Preferred Stock of
Eastside Distilling, Inc.
December 2, 2024
WHEREAS, pursuant to the authority expressly conferred upon the Board of Directors (the “Board”) of Eastside Distilling, Inc., a Nevada corporation (the “Company”) and by the Company’s Articles of Incorporation, as amended (the “Articles of Incorporation”), the Board previously designated the Series G Convertible Preferred Stock and the number of shares constituting such series, and fixed the rights, powers, preferences, privileges, limitations and restrictions relating to such series in addition to any set forth in the Articles of Incorporation, and the Company filed the Certificate of Designations, Preferences and Rights of the Series G Convertible Preferred Stock (the “Certificate of Designations”) on November 26, 2024. Capitalized words and phrases used and not defined herein shall have the meanings set forth in in the Certificate of Designations; and
WHEREAS, Section 3(b) of the Certificate of Designations contained a scrivener’s error with respect to the conversion provisions set forth therein.
NOW, THEREFORE, the Certificate of Designations is hereby corrected as follows:
Section 3(b) is hereby corrected by adding the following sentence to the end of that Section:
Notwithstanding anything herein to the contrary, in no event shall the Conversion Price be reduced to less than 20% of the “Minimum Price” as such term is defined by the rules and regulations of The Nasdaq Stock Market LLC.
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