quester614
3 days ago
That's really FUNNY!!!!! Of course you are correct because that is right out of the lawsuit.
What else that's in there is that XTI denies owing XERI any compensation. That's why XERI is suing XTI. DUH That would include the lost shares that you claim they are holding.
This is more proof that Duffy failed to deliver. We have been told that the Auctus loan was used for the JV. NOWHERE in XERI filings is there any record of this $5 mil payment toward the MERGER was made. The BEST BULLSHIT they had was that it was represented in the R&D which most of it came before the Auctus loan even had happened. That R&D money was always contended to be for the JV with NO MENTION of a merger payment because the Auctus loan was for the merger that at this point looks like XERI NEVER PAID meaning another DEFAULT from the BEGINNING
The best is that Duffy and CREW continued to lie saying the Auctus money went to the JV now saying he knew it was not viable but still took the $6 mil Auctus Note in Nov 2021 which has NO PROOF of it was allocated toward the MERGER. FACT Maybe Duffy and CREW Pocket change LOLOLOLOL
31. At the conclusion of September 2021, Xeriant had invested $2,761,006 in the development of the TriFan 600, as outlined in the Joint Venture Agreement. Exhibit B, §§ 4.3.1, 4.3.2.
32. By this juncture, it became evident that XTI lacked commercially viable engineering drawings or designs for the TriFan 600. The designs possessed by XTI were insufficient for implementation at any scale, let alone for the creation of a proper prototype capable of flight.
57. On September 9, 2021, XTI and Xeriant formalized their intention to merge by executing a Letter of Intent, which mandated a financing commitment of $5 million. See Exhibit C, Letter of Intent to Merge.
59. Maxim secured funding commitment from Auctus Fund, LP (βAuctusβ) to fulfill the funding obligation specified in the Letter of Intent.3
60. On December 5, 2021, XTI and Xeriant executed a Term Sheet regarding the merger.
https://cdn.yahoofinance.com/prod/sec-filings/0001481504/000147793223009096/xeri_ex991.htm