AW Harris Awh 2024 48085 Doc. 121068521

8 payment and continuing through the present, Cyberlux has failed to make six (6) of the required monthly payments of $20,833.33. As of today, the unpaid consulting fees total $125,000 for the period January through June 2025, exclusive of interest. This ongoing failure to pay base compensation represents a separate and independent material breach of the Agreement. 31. Compounding these payment failures, Cyberlux has breached its reporting obligations under Section 3.3(a) of the Agreement by failing to provide monthly statements detailing payments received under Commissionable Contracts. Despite the clear requirement that such statements be provided within the first five business days of each month, Montague has received no statements whatsoever regarding the substantial payments Cyberlux has received under the Ukraine drone contract. This lack of transparency has forced Montague to rely on incomplete public information and third-party sources to determine the extent of amounts owed, thereby frustrating the Agreement's provisions designed to ensure accurate and timely commission payments. e. Amounts Due Montague 32. On June 10, 2025, a demand letter was sent—via email and Federal Express—by Montague to Cyberlux, detailing the breaches and amounts owed to Montague under the 2023 Consulting Agreement. 33. Cyberlux owes: (a) $1,935,000 in unpaid commissions on the approximately $38.7 million received during 2023; (b) $193,500 representing the 10% penalty on such underpayment pursuant to Section 3.3; (c) accrued interest on the unpaid commission at 1% per month from the date each payment was due; (d) $125,000 in unpaid monthly consulting fees for January through June 2025; and (e) accrued interest on unpaid consulting fees at 1% per month from each payment’s due date. UnofficialCopyOfficeofMarilynBurgessDistrictClerk

CAUSE NO. 2025-41073 PHILLIP RICK TUCKER, a/k/a RICK TUCKER, and NEILL WHITELEY, Individually, Plaintiffs, v. § § § § § § IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS CYBERLUX CORPORATION and MARK D. SCHMIDT, Individually, Defendants. § § § § § § 129TH JUDICIAL DISTRICT COURT MONTAGUE CAPITAL PARTNERS, LLC’S PETITION IN INTERVENTION TO THE HONORABLE JUDGE OF THE COURT: Montague Capital Partners, LLC (“Intervenor” or “Montague”) files its Petition in Intervention and in support thereof respectfully shows the Court as follows: I. INTRODUCTION 1. This Court has appointed Robert Berleth as Receiver over Cyberlux Corporation (“Cyberlux”) in the above-captioned proceeding. Montague seeks to intervene to protect its substantial contractual rights to sums totaling approximately $3,543,265.17 (before interest) arising from Cyberlux’s breach of the January 1, 2023 Amended and Restated Consulting Agreement and associated January 5, 2023 Memorandum (collectively, the “2023 Consulting Agreement”). Importantly, for purposes of this intervention, the Cyberlux Receiver will soon be in possession of a $25,795,303.38 payment to Cyberlux from Huntington Ingalls Industries (“HII”) of which Montague is entitled to receive 5% (i.e., $1,289,765.17). Accordingly, Montague files this Petition in Intervention to protect its interests in Cyberlux’s assets and ensure the orderly administration of claims against the receivership estate. Montague’s intervention will promote judicial efficiency by allowing the Receiver to consider creditor interests in a single 6/13/2025 1:32 PM Marilyn Burgess - District Clerk Harris County Envelope No. 101991528 By: Joshua Hall Filed: 6/13/2025 1:32 PM UnofficialCopyOfficeofMarilynBurgessDistrictClerk

11 43. Montague cannot adequately protect its interests without participating in these proceedings, as the Receiver will determine the priority and payment of claims against the estate. VII. FIRST CAUSE OF ACTION: BREACH OF CONTRACT 44. Montague incorporates by reference all preceding paragraphs as if fully set forth herein. 45. A valid and enforceable contract exists between Montague and Cyberlux in the form of the 2023 Consulting Agreement, which was duly executed by authorized representatives of both parties on or about January 1, 2023, and supplemented via the Memorandum dated January 5, 2023. 46. Montague has fully performed all conditions, covenants, and obligations required under the 2023 Consulting Agreement, including but not limited to: (a) providing strategic business development services; (b) identifying and developing acquisition opportunities; (c) assisting with the identification of business development opportunities involving Cyberlux’s portfolio of products and services; (d) sourcing and negotiating commercial contracts, including the $79 million HII contract; and (e) facilitating Cyberlux’s transformation into a defense contractor. 47. Cyberlux has materially breached the 2023 Consulting Agreement in multiple respects, including: (a) failing to pay the 5% commission due on approximately $38.7 million received under the Ukraine drone contract during 2023, totaling $1,935,000; (b) failing to pay the 2% commission on other Commissionable Contracts; (c) failing to pay monthly consulting fees from January 2025 through June 2025, totaling $125,000; (d) failing to provide monthly statements of payments received under Commissionable Contracts as required by Section 3.3(a); and (e) failing to pay interest and penalties on underpaid amounts as required by Sections 3.3(c) UnofficialCopyOfficeofMarilynBurgessDistrictClerk

12 and 3.5. 48. As a direct and proximate result of Cyberlux’s breaches, Montague has suffered actual damages in the amount of at least $2,253,500 consisting of: (a) $1,935,000 in unpaid commissions on the $38.7 million payment; (c) $193,500 in contractual penalties; (d) $125,000 in unpaid monthly fees; and (e) interest accruing at 1% per month on all unpaid amounts. 49. Upon receipt of the $25,795,303.38 payment from HII, Cyberlux will owe Montague the 5% commission due thereon ($1,289,765.17) within ten business days. Cyberlux’s failure to timely pay this commission will trigger the 10% penalty provisions of Section 3.3(c). VIII. SECOND CAUSE OF ACTION: QUANTUM MERUIT 50. Montague incorporates by reference all preceding paragraphs as if fully set forth herein. 51. In the alternative, and without waiving the foregoing, Montague brings this its second cause of action, quantum meruit. 52. Montague rendered valuable services to Cyberlux, including identifying acquisition targets, negotiating complex commercial transactions, developing strategic business relationships, and specifically sourcing the $79 million HII contract for Ukraine drone sales. 53. These services were knowingly and voluntarily accepted by Cyberlux, as evidenced by: (a) Cyberlux’s execution of consulting agreements acknowledging the value of such services; (b) Cyberlux’s reliance on Montague’s expertise in completing acquisitions and securing contracts; and (c) Cyberlux’s receipt of approximately $38.7 million (with an additional $25.7 million pending) directly resulting from contracts sourced by Montague. 54. The services were not rendered gratuitously, as both parties understood and UnofficialCopyOfficeofMarilynBurgessDistrictClerk

14 acknowledging Montague’s role, and its receipt and retention of the revenues generated through Montague’s efforts. 62. Cyberlux voluntarily accepted and retained these benefits, including the revenues, business relationships, and enhanced market position resulting from Montague’s services. 63. Under the circumstances, it would be inequitable and unconscionable for Cyberlux to retain these benefits without compensating Montague, particularly where: (a) Cyberlux explicitly agreed to pay commissions on such revenues; (b) Montague’s efforts were the proximate cause of Cyberlux obtaining these contracts and revenues; and (c) Cyberlux has retained the full benefit while refusing to pay any compensation to Montague. 64. Cyberlux has been unjustly enriched in an amount no less than $3,543,265.17, representing the value of the benefits conferred and retained. 65. Montague has no adequate remedy at law to the extent its contract claims are deemed unenforceable, and equity requires that Cyberlux disgorge the benefits it has unjustly retained. X. CONDITIONS PRECEDENT 66. All conditions precedent to Montague’s recovery have been performed or have occurred, or have been waived or excused by Cyberlux’s conduct. XI. ATTORNEYS’ FEES AND COSTS 67. Montague incorporates by reference all preceding paragraphs as if fully set forth herein. 68. Under Sections 8.1 and 8.1(b) of the 2023 Consulting Agreement, Montague is entitled to “costs, or expenses of whatever kind” and “reasonable attorneys’ fees” for “breach of UnofficialCopyOfficeofMarilynBurgessDistrictClerk

15 any representation, warranty, or obligation under [the] Agreement.” 69. As a result of Cyberlux’s breaches and wrongful conduct, Montague has been required to retain counsel to pursue this intervention and protect its substantial interests in the receivership estate. 70. Additionally, under Texas law and principles of equity applicable to receivership proceedings, Montague is entitled to recover reasonable attorneys’ fees incurred in establishing and protecting its claims against the receivership estate, particularly where such efforts benefit the estate by ensuring proper administration of creditor claims. 71. Montague has incurred and will continue to incur reasonable and necessary attorneys’ fees and costs in prosecuting this intervention and protecting its interests in the receivership proceedings. Such fees are necessary to prevent further dissipation of assets and ensure Montague receives the compensation it rightfully earned. 72. Pursuant to Texas Civil Practice and Remedies Code Chapter 38, and applicable equitable principles, Montague requests recovery of all reasonable attorneys’ fees and costs incurred in this proceeding, including fees through trial or judgment, post judgment proceedings and in the event of success of on appeal, appellate fees whether Montague pursues an appeal as the appellee or defends an appeal as the appellee. XII. PRAYER 73. WHEREFORE, Montague Capital Partners, LLC respectfully prays that this Court: (a) Grant this Petition in Intervention and allow Montague to participate as a party in these receivership proceedings; UnofficialCopyOfficeofMarilynBurgessDistrictClerk

17 (h) Grant Montague all other relief, whether at law or in equity, to which it may be justly entitled. Respectfully submitted, CERSONSKY & MCANELLY, P.C. By: /s/ M.H.Cersonsky M.H. Cersonsky mhcersonsky@law-cmpc.com State Bar No. 04048500 1770 St. James Place, Suite 150 Houston, Texas 77056 (713) 600-8500 (Telephone) (713) 600-8585 (Facsimile) ATTORNEY FOR INTERVENOR MONTAGUE CAPITAL PARTNERS, LLC. UnofficialCopyOfficeofMarilynBurgessDistrictClerk

3 Plaintiffs Tucker and Whiteley and through the Court’s receivership proceedings. 9. Venue is proper in this county because it is the county in which all or a substantial part of the events giving rise to Plaintiffs Tucker’s and Whiteley’s claims occurred. IV. BACKGROUND a. Montague’s Work on Behalf of Cyberlux 10. Montague and Cyberlux have maintained a close working relationship since 2019, formalized in the original January 1, 2019 Consulting Agreement (attached as Exhibit A) and subsequently amended and restated via the January 1, 2023 Consulting Agreement (attached as Exhibit B) and January 5, 2023 Memorandum (attached as Exhibit C). 11. Montague, and its Managing Partner, Denis Kalenja, was the driving force behind Cyberlux’s most important acquisitions and was responsible for sourcing and negotiating the commercial agreements that account for the overwhelming majority of Cyberlux’s revenues to date. 12. Highlights of Montague’s work on behalf of Cyberlux include: • Formulating and leading Cyberlux’s transition from a small company focused on lighting systems to legitimate defense subcontractor; • Guiding Cyberlux’s acquisition of the (then-distressed) high-speed drone manufacturer Catalyst Machineworks (“Catalyst”) and advising on Catalyst’s transformation from drone-enthusiast company to the military/law￾enforcement drone manufacturing arm of Cyberlux; • Leading, negotiating and closing on Cyberlux’s acquisition of Datron World Communications, Inc. (“Datron”) and subsequently integrating Datron—and its tactical military communications equipment manufacturing capabilities— into Cyberlux; • Leading the effort to lift the “Caveat Emptor” (“CE”) designation of the OTC Markets Group (which allowed for brokers and trading platforms to handle buy and sell orders in Cyberlux stock)—Cyberlux shares were essentially “worthless” during the pendency of the CE designation; UnofficialCopyOfficeofMarilynBurgessDistrictClerk

4 • Sourcing the contract underlying Cyberlux’s most significant revenue stream—Cyberlux’s $79M August 29, 2023 contract with Huntington Ingalls Industries (“HII”) to deliver FlightEye Model K8 drones for use in Ukraine. 13. In exchange for Montague’s strategic business development services, work in identifying and developing acquisitions, and assistance with sourcing, negotiating and closing commercial contracts, Cyberlux agreed to pay Montague substantial fees and commissions (detailed below) pursuant to the 2023 Consulting Agreement. b. Relevant Terms of the 2023 Consulting Agreement 14. Section 3.2 of the Agreement provides: As base compensation for the Services and the rights granted to Cyberlux in this Agreement, Cyberlux shall pay Consultant a fixed fee of $250,000.00 (the “Fees”) per annum, payable in equal monthly installments on the first business day of each month, commencing January 3, 2023. 15. Section 3.3 of the Agreement states: In addition to the Fees, Consultant shall be entitled to receive two percent (2%), with the exception of any Ukraine-related commercial contracts for which the Consultant shall be entited [sic] to five percent (5%),of the gross amounts payable to Cyberlux (the “Commission”) under commercial contracts sourced by Consultant, including, without limitation, the proceeds of joint ventures, licenses and software as service agreements (collectively, the “Commissionable Contracts”). Commissionable Contracts, including designated lines of business, work orders, and similar in effect on the date hereof are listed on Schedule 2 hereto. (emphasis added) 16. Schedule 2 of the Agreement provides: The following are Commissionable Contracts and/or work orders in effect as of January 1, 2023. • That certain line of business related to the sale of tactical drones from time to time for use by the Ministry of Defense of Ukraine, including without limitation, Order UnofficialCopyOfficeofMarilynBurgessDistrictClerk

5 no. 220/9169 dated September 21, 2022 for 1,000 tactical drones type FlightEye KOA031831, plus training, service and maintenance for use by Ministry of Defense of Ukraine. 17. And the January 5, 2023 Memorandum states (in relevant part): The Agreement cited in Schedule 2, that certain Order no. 220/9169 dated September 21, 2022 for 1,000 tactical drones type FlightEye KOA031831. The Parties desire to memorialize that such order was subsequently increased to 2,000 units, as to which 5% commission is payable pursuant to the Agreement. 18. Montague is entitled to receive commissions “for two years after the termination of the provision of Services under [the] Agreement” (Ex. B, Section 3.3(a)) and the Agreement does not terminate naturally until January 1, 2026 (Id. at Section 2: “the term of this Agreement . . . shall continue for a period of three years or until earlier terminated by either party”). The 2023 Consulting Agreement has not been terminated by either party. 19. Those terms—Section 3.2, Section 3.3, Schedule 2, and the excerpted portion of the Memorandum—form the primary basis for Montague’s claims for amounts payable and owing by Cyberlux under the 2023 Consulting Agreement. 20. Further, Montague is entitled to additional penalty payments, and interest payments, on unpaid commissions. Specifically, Section 3.3(c) provides: In respect of any underpayment of Commission, Cyberlux will pay interest on such underpayment at a rate of one percent (1%) per month; provided that if any payment in respect of any Commissionable Contract is underpaid by an amount in excess of ten percent (10%) of the amount payable thereunder in any month, the Parties agree that such underpayment represents willful misconduct or gross negligence on the part of Cyberlux, and must be cured within ten (10) business days with an additional payment premium of an amount equal to ten (10) percent of the underpayment amount. 21. Moreover, Section 3.5 provides: UnofficialCopyOfficeofMarilynBurgessDistrictClerk

6 Consultant shall have the right to charge interest on any unpaid Fees, Commission and expenses at the rate of one percent (1.0%) per month, commencing 15 days after the due date thereof, subject to the additional amount in respect of underpaid Commission set forth in Section 3.3 above. 22. In addition to the fees and commissions due under the 2023 Consulting Agreement, Montague is entitled to receive monthly statements (id. at Section 3.3(a): “Cyberlux will, within the first five (5) business days of each month provide Consultant with a statement of all payments made under Commissionable Contracts in the prior month”) and “have access to the books and records of Cyberlux in respect of all Commissionable Contracts in order to review and confirm the amounts payable as Commission.” (Id. at Section 3.3(c).) Cyberlux has not provided monthly statements detailing payments received under Commissionable Contracts. c. Payments to Cyberlux Under the Ukraine-related Commissionable Contract 23. On or about August 29, 2023, Cyberlux entered a contract with HII to deliver FlightEye Model K8 drones for use by the Ministry of Defense of Ukraine. This contract, with an initial total value of approximately $79 million, represents the culmination of Montague's strategic efforts to position Cyberlux as a key supplier in the defense sector. 24. Based on information available to Montague, including Cyberlux's public financial disclosures, Cyberlux received approximately $38.7 million in payments under this contract during 2023. 25. Furthermore, based upon documents filed by the Cyberlux Receiver in Atlantic Wave Holdings, LLC, et al. v. Cyberlux Corporation, et al., Cause No. 2024-48085, 129th Judicial District Court of Harris County, Texas (the “Atlantic Wave case”), Montague has learned that HII is expected to make an additional payment of $25,795,303.38 to Cyberlux in the near term. UnofficialCopyOfficeofMarilynBurgessDistrictClerk

8 payment and continuing through the present, Cyberlux has failed to make six (6) of the required monthly payments of $20,833.33. As of today, the unpaid consulting fees total $125,000 for the period January through June 2025, exclusive of interest. This ongoing failure to pay base compensation represents a separate and independent material breach of the Agreement. 31. Compounding these payment failures, Cyberlux has breached its reporting obligations under Section 3.3(a) of the Agreement by failing to provide monthly statements detailing payments received under Commissionable Contracts. Despite the clear requirement that such statements be provided within the first five business days of each month, Montague has received no statements whatsoever regarding the substantial payments Cyberlux has received under the Ukraine drone contract. This lack of transparency has forced Montague to rely on incomplete public information and third-party sources to determine the extent of amounts owed, thereby frustrating the Agreement's provisions designed to ensure accurate and timely commission payments. e. Amounts Due Montague 32. On June 10, 2025, a demand letter was sent—via email and Federal Express—by Montague to Cyberlux, detailing the breaches and amounts owed to Montague under the 2023 Consulting Agreement. 33. Cyberlux owes: (a) $1,935,000 in unpaid commissions on the approximately $38.7 million received during 2023; (b) $193,500 representing the 10% penalty on such underpayment pursuant to Section 3.3; (c) accrued interest on the unpaid commission at 1% per month from the date each payment was due; (d) $125,000 in unpaid monthly consulting fees for January through June 2025; and (e) accrued interest on unpaid consulting fees at 1% per month from each payment’s due date. UnofficialCopyOfficeofMarilynBurgessDistrictClerk

8 payment and continuing through the present, Cyberlux has failed to make six (6) of the required monthly payments of $20,833.33. As of today, the unpaid consulting fees total $125,000 for the period January through June 2025, exclusive of interest. This ongoing failure to pay base compensation represents a separate and independent material breach of the Agreement. 31. Compounding these payment failures, Cyberlux has breached its reporting obligations under Section 3.3(a) of the Agreement by failing to provide monthly statements detailing payments received under Commissionable Contracts. Despite the clear requirement that such statements be provided within the first five business days of each month, Montague has received no statements whatsoever regarding the substantial payments Cyberlux has received under the Ukraine drone contract. This lack of transparency has forced Montague to rely on incomplete public information and third-party sources to determine the extent of amounts owed, thereby frustrating the Agreement's provisions designed to ensure accurate and timely commission payments. e. Amounts Due Montague 32. On June 10, 2025, a demand letter was sent—via email and Federal Express—by Montague to Cyberlux, detailing the breaches and amounts owed to Montague under the 2023 Consulting Agreement. 33. Cyberlux owes: (a) $1,935,000 in unpaid commissions on the approximately $38.7 million received during 2023; (b) $193,500 representing the 10% penalty on such underpayment pursuant to Section 3.3; (c) accrued interest on the unpaid commission at 1% per month from the date each payment was due; (d) $125,000 in unpaid monthly consulting fees for January through June 2025; and (e) accrued interest on unpaid consulting fees at 1% per month from each payment’s due date. UnofficialCopyOfficeofMarilynBurgessDistrictClerk

9 34. Upon receipt of the $25,795,303.38 payment from HII referenced in the Atlantic Wave case, Cyberlux will owe Montague the 5% commission due thereon ($1,289,765.17) within ten business days. Cyberlux’s failure to timely pay this commission will trigger the 10% penalty provisions of Section 3.3(c). f. Cyberlux’s Demonstrated Pattern of Frustrating Creditor Recovery Efforts 35. The necessity of these receivership proceedings arises in part from Cyberlux’s demonstrated pattern of frustrating creditor recovery efforts. Court records reflect that Cyberlux has repeatedly made representations regarding its intentions to secure or satisfy obligations that have not materialized. In October 2024, Cyberlux represented to the Court in the Atlantic Wave case that a stay of execution had been granted in Virginia regarding the underlying judgment domesticated in Texas, when in fact no such stay had been requested or granted. Subsequently, in April 2025, Cyberlux represented to a federal court (in a baseless and, ultimately rejected, removal action) that it intended to file a supersedeas bond, yet no such motion was ever filed. 36. Cyberlux’s financial maneuvers have raised concerns regarding asset preservation. Records indicate that Cyberlux dissipated approximately $38 million in September 2023. Recently, in April 2025, after defaulting on a credit agreement with Legalist SPV III, LP (“Legalist”), Cyberlux amended its line of credit with Legalist to increase the borrowing limit from $7 million to $12.3 million, with the credit facility collateralized by accounts receivable on its Ukraine-related drone contracts. 37. The scope of creditor claims against Cyberlux underscores the critical need for centralized receivership administration. In addition to Montague’s substantial claims, multiple creditors have pursued recovery against Cyberlux, including Atlantic Wave’s domesticated judgment and a recent $1,631,221.32 judgment entered in favor of Thin Air Gear, LLC in UnofficialCopyOfficeofMarilynBurgessDistrictClerk

10 Colorado federal court. These circumstances demonstrate the necessity of receivership proceedings to ensure orderly administration of claims and prevent further dissipation of assets that rightfully should satisfy creditor obligations. 38. Given this context, Montague’s intervention serves not only its own interests but also the broader goal of ensuring transparent and equitable treatment of all creditors through the receivership process. V. STANDARD FOR INTERVENTION 39. “Any party may intervene by filing a pleading, subject to being stricken out by the court for sufficient cause on the motion of any party.” Tex. R. Civ. P. 60. “A party has a justiciable interest in a lawsuit, and thus a right to intervene, when his interests will be affected by the litigation.” L. Offs. of Windle Turley, P.C. v. Ghiasinejad, 109 S.W.3d 68, 70 (Tex. App.—Fort Worth 2003, no pet.). It is appropriate for a party to intervene to protect its interest in property that is the subject of a turnover motion. See generally Breazeale v. Casteel, 4 S.W.3d 434, 436 (Tex. App.—Austin 1999, pet. denied.). VI. MONTAGUE’S INTEREST 40. Montague has a justiciable interest in this proceeding because it holds substantial contractual claims against Cyberlux that will be directly affected by the receivership administration. 41. Montague is entitled receive 5% of the $25,795,303.38 payment that HII is expected to transfer to the receivership estate shortly. 42. The disposition of this receivership—and HII’s $25 million payment into the receivership estate—will directly impact Montague’s ability to collect amounts owed under the 2023 Consulting Agreement, as the Receiver controls Cyberlux’s assets and payment streams. UnofficialCopyOfficeofMarilynBurgessDistrictClerk

CAUSE NO. 2025-41073 PHILLIP RICK TUCKER, a/k/a RICK TUCKER, and NEILL WHITELEY, Individually, Plaintiffs, v. § § § § § § IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS CYBERLUX CORPORATION and MARK D. SCHMIDT, Individually, Defendants. § § § § § § 129TH JUDICIAL DISTRICT COURT MONTAGUE CAPITAL PARTNERS, LLC’S PETITION IN INTERVENTION TO THE HONORABLE JUDGE OF THE COURT: Montague Capital Partners, LLC (“Intervenor” or “Montague”) files its Petition in Intervention and in support thereof respectfully shows the Court as follows: I. INTRODUCTION 1. This Court has appointed Robert Berleth as Receiver over Cyberlux Corporation (“Cyberlux”) in the above-captioned proceeding. Montague seeks to intervene to protect its substantial contractual rights to sums totaling approximately $3,543,265.17 (before interest) arising from Cyberlux’s breach of the January 1, 2023 Amended and Restated Consulting Agreement and associated January 5, 2023 Memorandum (collectively, the “2023 Consulting Agreement”). Importantly, for purposes of this intervention, the Cyberlux Receiver will soon be in possession of a $25,795,303.38 payment to Cyberlux from Huntington Ingalls Industries (“HII”) of which Montague is entitled to receive 5% (i.e., $1,289,765.17). Accordingly, Montague files this Petition in Intervention to protect its interests in Cyberlux’s assets and ensure the orderly administration of claims against the receivership estate. Montague’s intervention will promote judicial efficiency by allowing the Receiver to consider creditor interests in a single 6/13/2025 1:32 PM Marilyn Burgess - District Clerk Harris County Envelope No. 101991528 By: Joshua Hall Filed: 6/13/2025 1:32 PM UnofficialCopyOfficeofMarilynBurgessDistrictClerk

CAUSE NO. 2025-41073 PHILLIP RICK TUCKER, a/k/a RICK TUCKER, and NEILL WHITELEY, Individually, Plaintiffs, v. § § § § § § IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS CYBERLUX CORPORATION and MARK D. SCHMIDT, Individually, Defendants. § § § § § § 129TH JUDICIAL DISTRICT COURT MONTAGUE CAPITAL PARTNERS, LLC’S PETITION IN INTERVENTION TO THE HONORABLE JUDGE OF THE COURT: Montague Capital Partners, LLC (“Intervenor” or “Montague”) files its Petition in Intervention and in support thereof respectfully shows the Court as follows: I. INTRODUCTION 1. This Court has appointed Robert Berleth as Receiver over Cyberlux Corporation (“Cyberlux”) in the above-captioned proceeding. Montague seeks to intervene to protect its substantial contractual rights to sums totaling approximately $3,543,265.17 (before interest) arising from Cyberlux’s breach of the January 1, 2023 Amended and Restated Consulting Agreement and associated January 5, 2023 Memorandum (collectively, the “2023 Consulting Agreement”). Importantly, for purposes of this intervention, the Cyberlux Receiver will soon be in possession of a $25,795,303.38 payment to Cyberlux from Huntington Ingalls Industries (“HII”) of which Montague is entitled to receive 5% (i.e., $1,289,765.17). Accordingly, Montague files this Petition in Intervention to protect its interests in Cyberlux’s assets and ensure the orderly administration of claims against the receivership estate. Montague’s intervention will promote judicial efficiency by allowing the Receiver to consider creditor interests in a single 6/13/2025 1:32 PM Marilyn Burgess - District Clerk Harris County Envelope No. 101991528 By: Joshua Hall Filed: 6/13/2025 1:32 PM UnofficialCopyOfficeofMarilynBurgessDistrictClerk

CAUSE NO. 2025-41073 PHILLIP RICK TUCKER, a/k/a RICK TUCKER, and NEILL WHITELEY, Individually, Plaintiffs, v. § § § § § § IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS CYBERLUX CORPORATION and MARK D. SCHMIDT, Individually, Defendants. § § § § § § 129TH JUDICIAL DISTRICT COURT MONTAGUE CAPITAL PARTNERS, LLC’S PETITION IN INTERVENTION TO THE HONORABLE JUDGE OF THE COURT: Montague Capital Partners, LLC (“Intervenor” or “Montague”) files its Petition in Intervention and in support thereof respectfully shows the Court as follows: I. INTRODUCTION 1. This Court has appointed Robert Berleth as Receiver over Cyberlux Corporation (“Cyberlux”) in the above-captioned proceeding. Montague seeks to intervene to protect its substantial contractual rights to sums totaling approximately $3,543,265.17 (before interest) arising from Cyberlux’s breach of the January 1, 2023 Amended and Restated Consulting Agreement and associated January 5, 2023 Memorandum (collectively, the “2023 Consulting Agreement”). Importantly, for purposes of this intervention, the Cyberlux Receiver will soon be in possession of a $25,795,303.38 payment to Cyberlux from Huntington Ingalls Industries (“HII”) of which Montague is entitled to receive 5% (i.e., $1,289,765.17). Accordingly, Montague files this Petition in Intervention to protect its interests in Cyberlux’s assets and ensure the orderly administration of claims against the receivership estate. Montague’s intervention will promote judicial efficiency by allowing the Receiver to consider creditor interests in a single 6/13/2025 1:32 PM Marilyn Burgess - District Clerk Harris County Envelope No. 101991528 By: Joshua Hall Filed: 6/13/2025 1:32 PM UnofficialCopyOfficeofMarilynBurgessDistrictClerk

2 forum, avoiding piecemeal litigation. II. PARTIES 2. Intervenor Montague is a North Carolina limited liability company with its principal place of business at 101 Glen Lennox Dr., Suite 300, Chapel Hill, NC 27517. 3. Plaintiff Phillip Rick Tucker is an individual residing in Harris County, Texas. Daniel A. Ardmore, attorney of record for Plaintiff, will be served pursuant to Texas Rule of Civil Procedure 21. 4. Plaintiff Neill Whiteley is an individual residing in Montgomery County, Texas. Daniel A. Ardmore, attorney of record for Plaintiff, will be served pursuant to Texas Rule of Civil Procedure 21. 5. Defendant Cyberlux is a Nevada Corporation with its headquarters and principal place of business located at 800 Park Offices Drive, Suite 3209, Research Triangle Park, North Carolina 27709. Cyberlux will be served pursuant to the Texas Rules of Civil Procedure. Cyberlux is currently subject to receivership proceedings before this Court. 6. Defendant Mark D. Schmidt is an individual residing in Pittsboro, North Carolina. Mr. Schmidt will be served pursuant to the Texas Rules of Civil Procedure. Mr. Schmidt is currently subject to receivership proceedings before this Court. III. JURISDICTION AND VENUE 7. This Court has personal jurisdiction over Cyberlux and its assets because it conducts substantial business in Texas and operates a drone manufacturing facility in Montgomery, Texas. 8. This Court has subject matter jurisdiction via the underlying claims of the named UnofficialCopyOfficeofMarilynBurgessDistrictClerk

2 forum, avoiding piecemeal litigation. II. PARTIES 2. Intervenor Montague is a North Carolina limited liability company with its principal place of business at 101 Glen Lennox Dr., Suite 300, Chapel Hill, NC 27517. 3. Plaintiff Phillip Rick Tucker is an individual residing in Harris County, Texas. Daniel A. Ardmore, attorney of record for Plaintiff, will be served pursuant to Texas Rule of Civil Procedure 21. 4. Plaintiff Neill Whiteley is an individual residing in Montgomery County, Texas. Daniel A. Ardmore, attorney of record for Plaintiff, will be served pursuant to Texas Rule of Civil Procedure 21. 5. Defendant Cyberlux is a Nevada Corporation with its headquarters and principal place of business located at 800 Park Offices Drive, Suite 3209, Research Triangle Park, North Carolina 27709. Cyberlux will be served pursuant to the Texas Rules of Civil Procedure. Cyberlux is currently subject to receivership proceedings before this Court. 6. Defendant Mark D. Schmidt is an individual residing in Pittsboro, North Carolina. Mr. Schmidt will be served pursuant to the Texas Rules of Civil Procedure. Mr. Schmidt is currently subject to receivership proceedings before this Court. III. JURISDICTION AND VENUE 7. This Court has personal jurisdiction over Cyberlux and its assets because it conducts substantial business in Texas and operates a drone manufacturing facility in Montgomery, Texas. 8. This Court has subject matter jurisdiction via the underlying claims of the named UnofficialCopyOfficeofMarilynBurgessDistrictClerk

17 (h) Grant Montague all other relief, whether at law or in equity, to which it may be justly entitled. Respectfully submitted, CERSONSKY & MCANELLY, P.C. By: /s/ M.H.Cersonsky M.H. Cersonsky mhcersonsky@law-cmpc.com State Bar No. 04048500 1770 St. James Place, Suite 150 Houston, Texas 77056 (713) 600-8500 (Telephone) (713) 600-8585 (Facsimile) ATTORNEY FOR INTERVENOR MONTAGUE CAPITAL PARTNERS, LLC. UnofficialCopyOfficeofMarilynBurgessDistrictClerk

CAUSE NO. 2025-41073 PHILLIP RICK TUCKER, a/k/a RICK TUCKER, and NEILL WHITELEY, Individually, Plaintiffs, v. § § § § § § IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS CYBERLUX CORPORATION and MARK D. SCHMIDT, Individually, Defendants. § § § § § § 129TH JUDICIAL DISTRICT COURT MONTAGUE CAPITAL PARTNERS, LLC’S PETITION IN INTERVENTION TO THE HONORABLE JUDGE OF THE COURT: Montague Capital Partners, LLC (“Intervenor” or “Montague”) files its Petition in Intervention and in support thereof respectfully shows the Court as follows: I. INTRODUCTION 1. This Court has appointed Robert Berleth as Receiver over Cyberlux Corporation (“Cyberlux”) in the above-captioned proceeding. Montague seeks to intervene to protect its substantial contractual rights to sums totaling approximately $3,543,265.17 (before interest) arising from Cyberlux’s breach of the January 1, 2023 Amended and Restated Consulting Agreement and associated January 5, 2023 Memorandum (collectively, the “2023 Consulting Agreement”). Importantly, for purposes of this intervention, the Cyberlux Receiver will soon be in possession of a $25,795,303.38 payment to Cyberlux from Huntington Ingalls Industries (“HII”) of which Montague is entitled to receive 5% (i.e., $1,289,765.17). Accordingly, Montague files this Petition in Intervention to protect its interests in Cyberlux’s assets and ensure the orderly administration of claims against the receivership estate. Montague’s intervention will promote judicial efficiency by allowing the Receiver to consider creditor interests in a single 6/13/2025 1:32 PM Marilyn Burgess - District Clerk Harris County Envelope No. 101991528 By: Joshua Hall Filed: 6/13/2025 1:32 PM UnofficialCopyOfficeofMarilynBurgessDistrictClerk

CAUSE NO. 2025-41073 PHILLIP RICK TUCKER, a/k/a RICK TUCKER, and NEILL WHITELEY, Individually, Plaintiffs, v. § § § § § § IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS CYBERLUX CORPORATION and MARK D. SCHMIDT, Individually, Defendants. § § § § § § 129TH JUDICIAL DISTRICT COURT MONTAGUE CAPITAL PARTNERS, LLC’S PETITION IN INTERVENTION TO THE HONORABLE JUDGE OF THE COURT: Montague Capital Partners, LLC (“Intervenor” or “Montague”) files its Petition in Intervention and in support thereof respectfully shows the Court as follows: I. INTRODUCTION 1. This Court has appointed Robert Berleth as Receiver over Cyberlux Corporation (“Cyberlux”) in the above-captioned proceeding. Montague seeks to intervene to protect its substantial contractual rights to sums totaling approximately $3,543,265.17 (before interest) arising from Cyberlux’s breach of the January 1, 2023 Amended and Restated Consulting Agreement and associated January 5, 2023 Memorandum (collectively, the “2023 Consulting Agreement”). Importantly, for purposes of this intervention, the Cyberlux Receiver will soon be in possession of a $25,795,303.38 payment to Cyberlux from Huntington Ingalls Industries (“HII”) of which Montague is entitled to receive 5% (i.e., $1,289,765.17). Accordingly, Montague files this Petition in Intervention to protect its interests in Cyberlux’s assets and ensure the orderly administration of claims against the receivership estate. Montague’s intervention will promote judicial efficiency by allowing the Receiver to consider creditor interests in a single 6/13/2025 1:32 PM Marilyn Burgess - District Clerk Harris County Envelope No. 101991528 By: Joshua Hall Filed: 6/13/2025 1:32 PM UnofficialCopyOfficeofMarilynBurgessDistrictClerk