Sec Form 3 Filing - Bigger Michael @ Eastside Distilling, Inc. - 2023-09-29

Insider filing report for Changes in Beneficial Ownership
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FORM 3
Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP
Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(h) of the Investment Company Act of 1940
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1. Name and Address of Reporting Person
Bigger Michael
2. Issuer Name and Ticker or Trading Symbol
Eastside Distilling, Inc. [ EAST]
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
_____ Director X __ 10% Owner
_____ Officer (give title below) _____ Other (specify below)
(Last) (First) (Middle)
11700 W CHARLESTON BLVD 170-659,
3. Date of Earliest Transaction (MM/DD/YY)
09/29/2023
(Street)
LAS VEGAS, NV89135
4. If Amendment, Date Original Filed (MM/DD/YY)
6. Individual or Joint/Group Filing (Check Applicable Line)
_____ Form filed by One Reporting Person
__ X __ Form filed by More than One Reporting Person
(City) (State) (Zip)
Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned
1.Title of Security
(Instr. 3)
2. Transaction Date (MM/DD/YY) 2A. Deemed Execution Date, if any (MM/DD/YY) 3. Transaction Code
(Instr. 8)
4. Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4 and 5)
5. Amount of Securities Beneficially Owned Following Reported Transaction(s)
(Instr. 3 and 4)
6. Ownership Form: Direct (D) or Indirect (I)
(Instr. 4)
7. Nature of Indirect Beneficial Ownership
(Instr. 4)
Code V Amount (A) or (D) Price
Common Stock 4,808 I Bigger Capital Fund, LP ( 1 ) ( 2 )
Common Stock 4,808 I District 2 Capital Fund LP ( 1 ) ( 3 )
Common Stock 296,722 I The B.A.D. Company, LLC ( 1 ) ( 4 )
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned
( e.g. , puts, calls, warrants, options, convertible securities)
1. Title of Derivative Security
(Instr. 3)
2. Conversion or Exercise Price of Derivative Security 3. Transaction Date (MM/DD/YY) 3A. Deemed Execution Date, if any (MM/DD/YY) 4. Transaction Code
(Instr. 8)
5. Number of Derivative Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4, and 5)
6. Date Exercisable and Expiration Date
(MM/DD/YY)
7. Title and Amount of Underlying Securities
(Instr. 3 and 4)
8. Price of Derivative Security
(Instr. 5)
9. Number of Derivative Securities Beneficially Owned Following Reported Transaction(s)
(Instr. 4)
10. Ownership Form of Derivative Security: Direct (D) or Indirect (I)
(Instr. 4)
11. Nature of Indirect Beneficial Ownership
(Instr. 4)
Code V (A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares
Amended and Restated Secured Convertible Promissory Note $ 3.05 09/29/2023 03/31/2025 Common Stock 65,458 I Bigger Capital Fund, LP ( 1 ) ( 2 )
Amended and Restated Secured Convertible Promissory Note $ 3.05 09/29/2023 03/31/2025 Common Stock 65,458 I District 2 Capital Fund LP ( 1 ) ( 3 )
Amended and Restated Warrant $ 33.08 09/29/2023 09/29/2028 Common Stock 22,500 I Bigger Capital Fund, LP ( 1 ) ( 2 )
Amended and Restated Warrant $ 33.08 09/29/2023 09/29/2028 Common Stock 22,500 I District 2 Capital Fund LP ( 1 ) ( 3 )
Series C Preferred Stock $ 3.05 ( 5 ) ( 5 ) Common Stock 1,838,000 I The B.A.D. Company, LLC ( 1 ) ( 4 )
Reporting Owners
Reporting Owner Name / Address Relationships
Director 10% Owner Officer Other
Bigger Michael
11700 W CHARLESTON BLVD 170-659
LAS VEGAS, NV89135
X
BIGGER CAPITAL FUND L P
11700 W CHARLESTON BLVD 170-659
LAS VEGAS, NV89135
X
Bigger Capital Fund GP, LLC
11700 W CHARLESTON BLVD 170-659
LAS VEGAS, NV89135
X
District 2 Capital Fund LP
14 WALL STREET
2ND FLOOR
HUNTINGTON, NY11743
X
District 2 Capital LP
14 WALL STREET
2ND FLOOR
HUNTINGTON, NY11743
X
District 2 GP LLC
14 WALL STREET
2ND FLOOR
HUNTINGTON, NY11743
X
District 2 Holdings LLC
14 WALL STREET
2ND FLOOR
HUNTINGTON, NY11743
X
B.A.D. Company, LLC
11700 W CHARLESTON BLVD 170-659
LAS VEGAS, NV89135
X
Bigger Capital, LLC
11700 W CHARLESTON BLVD 170-659
LAS VEGAS, NV89135
X
Signatures
/s/ Michael Bigger 10/10/2023
Signature of Reporting Person Date
Bigger Capital Fund, LP, By: Bigger Capital Fund GP, LLC, its general partner, By: /s/ Michael Bigger, Managing Member 10/10/2023
Signature of Reporting Person Date
Bigger Capital Fund GP, LLC, By: /s/ Michael Bigger, Managing Member 10/10/2023
Signature of Reporting Person Date
District 2 Capital Fund LP, By: District 2 GP LLC, its general partner, By: District 2 Holdings LLC, its managing member, By: /s/ Michael Bigger, Managing Member 10/10/2023
Signature of Reporting Person Date
District 2 Capital LP, By: District 2 Holdings LLC, its general partner, By: /s/ Michael Bigger, Managing Member 10/10/2023
Signature of Reporting Person Date
District 2 GP LLC, By: District 2 Holdings LLC, its managing member, By: /s/ Michael Bigger, Managing Member 10/10/2023
Signature of Reporting Person Date
District 2 Holdings LLC, By: /s/ Michael Bigger, Managing Member 10/10/2023
Signature of Reporting Person Date
The B.A.D. Company, LLC, By: Bigger Capital, LLC, its manager, By: /s/ Michael Bigger, Managing Member 10/10/2023
Signature of Reporting Person Date
Bigger Capital, LLC, By: /s/ Michael Bigger, Managing Member 10/10/2023
Signature of Reporting Person Date
Explanation of Responses:
( 1 )The Reporting Persons listed on this Form 3 may be deemed members of a group holding equity securities of the Issuer. This filing shall not be deemed to be an affirmation that such a group exists for purposes of the Securities Exchange Act of 1934, as amended, or for any other purpose or that any such Reporting Person is a beneficial owner of securities of the Issuer. Each of the Reporting Persons disclaims beneficial ownership of the securities reported herein except to the extent of his or its pecuniary interest therein.
( 2 )These securities are directly held by Bigger Capital Fund, LP ("Bigger Capital"). Bigger Capital Fund GP, LLC ("Bigger GP"), as the general partner of Bigger Capital, may be deemed to beneficially own the securities directly held by Bigger Capital. Michael Bigger, as the managing member of Bigger GP, may be deemed to beneficially own the securities held directly by Bigger Capital.
( 3 )These securities are directly held by District 2 Capital Fund LP ("District 2 CF"). District 2 Capital LP ("District 2"), as the investment manager of District 2 CF, may be deemed to beneficially own the securities directly held by District 2 CF. District 2 GP LLC ("District 2 GP"), as the general partner of District 2 CF, may be deemed to beneficially own the securities direclty held by District 2 CF. District 2 Holdings LLC ("District 2 Holdings"), as the managing member of District 2 GP, may be deemed to beneficially own the securities held by District 2 CF. Michael Bigger, as the managing member of District 2 Holdings, may be deemed to beneficially own the securities owned by District 2 CF.
( 4 )These securities are directly held by The B.A.D. Company, LLC ("B.A.D"). The members of B.A.D. are Bigger Capital, District 2 CF and other entities. The Manager of B.A.D. is Bigger Capital, LLC, which has voting and dispositive power over the securities directly held by B.A.D. Michael Bigger, as the managing member of Bigger Capital, LLC, may be deemed to beneficially own the securities owned by B.A.D.
( 5 )The Series C Preferred Stock is convertible at any time, at the holder's election, and has no expiration date.

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* If the form is filed by more than one reporting person, see Instruction 4(b)(v).
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