observationobservation
Controlling number
$38.7 million
Read the anchor · page 18
According to the sworn declaration of William Welter in the Atlantic Wave case, bank records produced in discovery confirmed that Cyberlux "received a payment of $38.7 million from a US Government contract to supply drones to Ukraine on September 8, 2023." Rather than use these funds to satisfy creditor obligations or maintain business operations, "Defendants transferred significant sums of money to personal 10
observationobservation
Controlling number
$79 million
Read the anchor · page 23
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.
claimallegation
Source proposition
Despite receiving approximately $38.7 million in payments during 2023 under the Ukraine drone contract-a Commissionable Contract expressly identified in Schedule 2 of the Agreement and subject to the 5% commission rate-Cyberlux has failed to pay Montague any portion of the $1,935,000 in commissions due on these receipts.
Read the anchor · page 15
Despite receiving approximately $38.7 million in payments during 2023 under the Ukraine drone contract-a Commissionable Contract expressly identified in Schedule 2 of the Agreement and subject to the 5% commission rate-Cyberlux has failed to pay Montague any portion of the $1,935,000 in commissions due on these receipts.
claimallegation
Source proposition
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.
Read the anchor · page 23
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.
claimallegation
Source proposition
Based on information available to Montague, including Cyberlux's public financial disclosures and RFA Responses, Cyberlux received approximately $38.7 million in payments from HII during September 2023 under the Ukraine drone contract.
Read the anchor · page 4
Based on information available to Montague, including Cyberlux's public financial disclosures and RFA Responses, Cyberlux received approximately $38.7 million in payments from HII during September 2023 under the Ukraine drone contract.
claimallegation
Source proposition
Cyberlux has actively encumbered the Ukraine drone contract receivables-the very receivables on which Montague holds commission rights-to secure financing that prejudices Montague's interests.
Read the anchor · page 19
Cyberlux has actively encumbered the Ukraine drone contract receivables-the very receivables on which Montague holds commission rights-to secure financing that prejudices Montague's interests.
entityobservation
Atlantic Wave Holdings, LLC
Read the anchor · page 15
ract during 2023.
23. Furthermore, based upon documents filed by the former receiver of Cyberlux, 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.
24. These payments-both the $38.7 million payment and the forthcoming $25.7
payment-are subject to Montague's entitlement to commissions at the contractual rate of 5%
under the 2023 Consulting Agreement.
Ma
entityobservation
Cyberlux Corporation
Read the anchor · page 3
yable pursuant to the Agreement. A true and
correct copy of this Memorandum is attached to the Verified Complaint as Exhibit C.
COMMISSION STRUCTURE FOR UKRAINE DRONE CONTRACTS
7. Under Section 3.3 of the 2023 Agreement, Montague is to receive five percent
(5%) of the gross amounts payable to Cyberlux for "Ukraine-related commercial contracts."
8. Schedule 2 of the 2023 Agreement specifically identifies as a Commissionable
Contract "[t]hat 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 limitatio
entityobservation
HII Mission Technologies Corp.
Read the anchor · page 4
opportunities, and sourcing the Ukraine drone contracts that became the subject of Cyberlux 's
contract with Huntington Ingalls Industries ("HII").
11. Montague was instrumental in securing the $79 million HII contract for Cyberlux
to supply FlightEye drones to Ukraine's Ministry of Defense, which represents the largest
contract in Cyberlux' s history.
CYBERLUX'S RECEIPT OF CONTRACT PROCEEDS
12. A true and correct co
entityobservation
Legalist
Read the anchor · page 19
ht to payments from the drone
contract."
40. That assignment directly conflicts with Montague's contractual right to receive
5% commissions on all Ukraine drone contract payments. Moreover, Legalist's claimed
indebtedness, as of January 24, 2025, totaled "$7,313,627.17 with fees accruing at a daily rate of
$4,364.46." A June 11, 2025 email confirms that Cyberlux has further encumbered Ukraine
drone contract payments-by over $2 million in secured debt-via Legalist's "protective
advance." In that email, counsel for Cyberlux confirmed the wire transfer.
Cyberlux's Active Measures to Place Assets
entityobservation
Datron World Communications
Read the anchor · page 11
one manufacturing arm of Cyberlux;
• Leading, negotiating and closing on Cyberlux' s acquisition of Datron
World Communications, Inc. ("Datron") and subsequently integrating
3
entityobservation
Datron World Communications, Inc.
Read the anchor · page 11
one manufacturing arm of Cyberlux;
• Leading, negotiating and closing on Cyberlux' s acquisition of Datron
World Communications, Inc. ("Datron") and subsequently integrating
3
entityobservation
Denis Kalenja
Read the anchor · page 2
VISION
DURHAM COUNTY NO. 25CV006375-310
MONTAGUE CAPITAL PARTNERS, LLC,
Plaintiff,
vs. AFFIDAVIT OF DENIS KALENJA
CYBERLUX CORPORATION
Defendant.
1. I am the Managing Partner of Montague Capital Partners, LLC ("Montague"), the
plaintiff in this action. I submit this affidavit in support of Mo
entityobservation
HII
Read the anchor · page 4
rone contracts that became the subject of Cyberlux 's
contract with Huntington Ingalls Industries ("HII").
11. Montague was instrumental in securing the $79 million HII contract for Cyberlux
to supply FlightEye drones to Ukraine's Ministry of Defense, which represents the largest
co
entityobservation
Holly Schmidt
Read the anchor · page 61
16. Admit that Mark Schmidt is the CEO of Cyberlux Corporation.
RESPONSE: Admitted.
17. Admit that Holly Schmidt is the spouse of Mark Schmidt.
RESPONSE: Admitted.
18. Admit that Cyberlux began transferring funds from the September 2023 HII payment
on the same day that the HII payment was re
entityobservation
Legalist SPV III, LP
Read the anchor · page 17
of
Asset Dissipation," infra.) 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
9
entityobservation
Mark Daniel Schmidt
Mark Schmidt
Read the anchor · page 37
d this Agreement as of the
day and year first above written.
CYB~RLUX ~RATION
7#.e _
By: ~~~k
Name: Mark Schmidt
Title: CEO
-7-
entityobservation
Montague Capital Partners, LLC
Read the anchor · page 2
H CAROLINA IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
DURHAM COUNTY NO. 25CV006375-310
MONTAGUE CAPITAL PARTNERS, LLC,
Plaintiff,
vs. AFFIDAVIT OF DENIS KALENJA
CYBERLUX CORPORATION
Defendant.
1. I am the Managing Partner of Montague Capital Partners, LLC ("Montague"), the
plaintiff in this actio
entityobservation
United States Government
Government
Read the anchor · page 9
small-cap lighting
company into a legitimate defense contractor with tens of millions of dollars in government
contracts.
2. Despite Montague's instrumental role in sourcing and securing the largest
contract in Cyberlux's history-a $79 million agreement to supply drones to Ukraine's Minist
eventattribution
Dated source occurrence
According to the sworn declaration of William Welter in the Atlantic Wave case, bank records produced in discovery confirmed that Cyberlux "received a payment of $38.7 million from a US Government contract to supply drones to Ukraine on September 8, 2023." Rather than use these funds to satisfy creditor obligations or maintain business operations, "Defendants transferred significant sums of money to personal 10
Read the anchor · page 18
According to the sworn declaration of William Welter in the Atlantic Wave case, bank records produced in discovery confirmed that Cyberlux "received a payment of $38.7 million from a US Government contract to supply drones to Ukraine on September 8, 2023." Rather than use these funds to satisfy creditor obligations or maintain business operations, "Defendants transferred significant sums of money to personal 10
observation