United States securities and exchange commission logo
June 17, 2024
Joe Ragan
Chief Executive Officer
ExcelFin Acquisition Corp.
100 Kingsley Park Dr.
Fort Mill, SC 29715
Re: ExcelFin
Acquisition Corp.
Preliminary Proxy
Statement on Schedule 14A
Filed June 12, 2024
File No. 001-40933
Dear Joe Ragan:
We have reviewed your
filing and have the following comment.
Please respond to this letter within ten business days by
providing the requested
information or advise us as soon as possible when you will respond. If
you do not believe a
comment applies to your facts and circumstances, please tell us why in
your response.
After reviewing your
response to this letter, we may have additional comments.
Preliminary Proxy Statement on Schedule 14A
Risk Factors, page 15
1. We note that you are
seeking to extend your termination date to December 25, 2024,
which is a date that is
38 months from your initial public offering. Since Section IM-5101-
2 of the Nasdaq listing
rules requires that a special purpose acquisition company complete
a business combination
within 36 months of the effectiveness of the initial public offering
registration statement,
please disclose that your proposal to extend your termination date
beyond 36 months does
not comply with this rule and describe the risks of your non-
compliance, including
that your shares may be subject to suspension and delisting from
Nasdaq.
We remind you that the company and its management are
responsible for the accuracy
and adequacy of their disclosures, notwithstanding any review, comments,
action or absence of
action by the staff.
Please contact Kibum Park at 202-551-6836 or Isabel Rivera at
202-551-3518 with any
questions.
Joe Ragan
ExcelFin Acquisition Corp.
June 17, 2024
Page 2
Sincerely,
FirstName LastNameJoe Ragan
Division of Corporation Finance
Comapany NameExcelFin Acquisition Corp.
Office of Real Estate & Construction
June 17, 2024 Page 2
cc: Bill Nelson, Esq.
FirstName LastName