Each card carries the governed distillate name from the database. Open the quoted anchor before relying on the interpretation.
observationobservation
TAG $1,224,275.14 default judgment,29 August2025.
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2153
Case No. 1:25-CV-00805-GPG-MDB
Document 27
filed 08/29/25 USDC Colorado
pg 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 25-cv-00805-GPG-MDB
THIN AIR GEAR, LLC,
Plaintiff,
V.
CYBERLUX CORPORATION d/b/a CATALYST MACHINEWORKS, LLC,
Defendant.
FINAL JUDGMENT
In accordance with the orders filed during the pendency of this case, and pursuant to
Federal Rule of Civil Procedure 58(a), the following Final Judgment is hereby entered.
Pursuant to the [D. 26] Order entered by Judge Gordon P. Gallagher on August 29, 2025,
it is
ORDERED that the Recommendation of the United States Magistrate Judge Maritza
Dominquez Braswell [D. 25] is AFFIRMED and ADOPTED as an Order of the Court. It is
FURTHER ORDERED that Plaintiff's Motion for Entry of Default Judgment [D. 18] is
GRANTED, It is
FURTHER ORDERED that the parties proposed Order Granting Stipulation for Final
Judgment [D. 21] is DENIED AS MOOT. It is
FURTHER ORDERED that Plaintiff is awarded $1,224,275.14 in damages. It is
FURTHER ORDERED that judgment is entered in favor of Plaintiff and against
Defendant.
This case is closed.
TAG-0003
observationobservation
Legalist claimed $13,204,742.88 as at9 March2026, with ordinary/protective advance distinction.
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2174
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
RICHMOND DIVISION
HII MISSION TECHNOLOGIES CORP.,
Interpleader Plaintiff,
V.
Civil Action No. 3:25-cv-483-JAG
CYBERLUX CORPORATION, et al.,
Interpleader Defendants/Claimants.
LEGALIST SPY IL, LP'S RESPONSE TO JOINT DISCOVERY PLAN
INTERROGATORY AND REQUESTS FOR PRODUCTION
Interpleader Defendant/Claimant Legalist SPV III, LP (Legalist), provides the following
response to the pre-settlement interrogatory and requests for production providing in the Joint
Discovery Plan (ECF No. 149).
Interrogatory
Explain the nature of your claim to any of the proceeds that are the subject of this
interpleader, including an explanation of: (a) the amount of the proceeds that you claim; (b) the
legal basis for your right to the proceeds; (c) how the amount you claim became a liquidated
amount or, if not liquidated, state so; (d) whether you claim a security interest in, lien on, or
assignment of all or any portion of the proceeds and, if so, provide your claimed priority date and
explain the basis for your security interest, lien, or assignment; (e) whether you claim a right to
interest and, if so, the amount and basis for continuing accrual thereof, if any; (f) whether you
claim a right to attorneys' fees and, if so, the basis therefore and the amount you will claim; and
(g) for any creditor claiming a secured interest, identify the date(s) on which advances were made
to Cyberlux or on its behalf for which any secured interest is claimed.
Response:
(a)
the amount of the proceeds that you claim
Legalist claims $13,204,742.88, comprising of:
• $10,033,639.75 principal
• $2,653,970.84 unpaid interest
• $112,500.00 commitment fee
observationobservation
AW/SC one later $6m stock judgment; initial judgment separately reported satisfied.
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2181
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
HII MISSION TEHNOLOGIES CORP.,
Interpleader Plaintiff,
Case Number: 3:25cv483
ATLANTIC WAVE HOLDINGS, LLC, et al.,
Interpleader Defendants/Claimants.
RESPONSE TO INTERROGATORY NUMBER 6
Comes now your Interpleader Defendants, Atlantic Wave Holdings, LLC and Secure
Community, LLC, (jointly as "A WH') and in Response to Interpleader Defendant Cyberlux
Corporation's ("CYBL') Interrogatory number 6 under the Joint Discovery Plan, hereby answers
as follows:
Interrogatory:
6(a). Explain the nature of your claim to any of the proceeds that are the subject of this
interpleader, including an explanation of (a) the amount of the proceeds that you claim;
AWH is a Virginia limited liability company AWH is the sole owner of your Co
Interpleader Defendant, Secure Community, LLC ("SC'). Accordingly, while each a party, A WH
and SC have the same claims and are not independent of one another seeking a double recovery.
2.
AWH and SC initiated a claim against CYBL and Mark Schmidt, individually, in
the Richmond Circuit Court as CL22-3882 based CYBL's breach of an acquisition agreement,
requiring CYBL to 1) pay AWH certain monetary sums and 2) to provide Marketable Trading"
CYBL stock.
3.
Following extended litigation, the parties entered into a settlement agreement ("the
Settlement Agreemenằ_ dated June 15, 2023, in which CYBL and Schmidt agreed inter alia to
make a series of payments to AWH and SC and, notably, to bring the CYBL stock marketable
by a certain date. The Settlement Agreement is produced as Exhibit A.
observationobservation
Fairwinds $2,348,542; no security, interest or attorney fees asserted.
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2265
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
HII MISSION TECHNOLOGIES CORP.,
Interpleader Plaintiff
CYBERLUX CORPORATION;
Civil Action No: 3:25-cv-483-JAG
ATLANTIC WAVE HOLDINGS, LLC;
SECURE COMMUNITY, LLC;
LEGALIST SPY III, LP; UNITED
STATES OF AMERICA; ADVANCED
NAVIGATION AND POSITIONING
CORPORATION; and ROBERT W.
BERLETH, solely in his capacity as
Receiver for Cyberlux Corporation,
Interpleader Defendants/Claimants
FAIRWINDS TECHNOLOGIES, LLC'S
RESPONSE TO THE JOINT DISCOVERY PLAN
INTERROGATORY AND DOCUMENT REQUESTS
Now comes Interpleader Defendant/Claimant Fairwinds Technologies, LLC
("Fairwinds), who submits the following responses to the Interrogatory and Document Requests
agreed to by all Parties in the Joint Discovery Plan [Doc. 147] filed with the Court on February
12, 2026, as follows:
INTERROGATORY:
Explain the nature of your claim to any of the proceeds that are the subject of this
interpleader, including an explanation of:
(a) The amount of the proceeds that you claim.
Response:
Cyberlux owes Fairwinds $2,348,542.00.
#111272386v1
observationobservation
Modification4 excerpt: only page1 of8; government approval conditions sections3–6.
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2279
Case 4:25-ev-01689 Document 1-2 Filed on 04/11/25 in TXSD Page 2 of 9
CONFIDENTIAL INFORMATION
Page 1 of 8
REDACTED
Mission Technologies
Modification No. 4 to Subcontract No. P000043846
To Effectuate a Terminotion Settlement
This Modification No. 4 to Effectuate a Termination Settlement (the "Agreement"), effectiye as of February 26,
2025, is made by and between HII Mission Technologies Corp. ("HI"), a Delaware company with offices locatea
at 8350 Broad St., Suite 1400, McLean, VA 22102, and Cyberlux Corporation (Cyberlux)y a Nevada company
with offices located at 800 Park Offices Drive, Suite 3209, Research Triangle Park, NÇ 27709 (each a "Party," and
collectively, "the Parties").
WHEREAS, the Parties entered into Subcontract No. P000043846, doted Augyst 29, 2023 (the "Subcontract").
issued under HII's Prime Tosk Order 47QFCA22F0039 and Technical Direction Lefter 1-023 (ITDL 231) supporting
the Department of the Navy and the General Services Administration, Federal Systems Integration and
Management Center (each and collectively, the "Government");
WHEREAS, on December 22, 2023, the Government issued a Stop-Work Order on the TDL 23 work scope, and HIl
in turn issued a Stop-Work Order on the Subcontract to Cyberlux (the SWO");
WHEREAS, the Government terminted the TDL 23 work scope Yor convenience on May 13, 2024, and HIl
subsequently exercised the termintion provisions of Subcontract Section 32.1 on May 17, 2024; and
WHEREAS, Cyberlux has asserted entitlement to payment
under Subcontract Section 32.1, and following
negotiation, the Parties now wish to resolve any disagreement and reach a settlement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements exchanged herein and other
good and valuable consideration, the Parties age as follows:
1. Review and Approval.
a. The Parties acknowledge that pursuant to FAR 49.108-3, the Government expects HIl to submit a
subcontractor settlementato
The Government Contracting Officer tor review and opproval.
Accordingly, the Porties agree thot Sections 3 through 6 of this Agreement shall become effective
and enforceable only if and when the Government Contracting Officer approves of the
Agreement.
Following execution of the Agreement, HIl will promptly submit the Agreement to the Government
Contracting Officer as a contractor settlement. Thereofter, HIl will promptly notify Cyberlux if the
Government Contracting Officer approves of the Agreement. The Parties shall cooperate in
good faith, to gotain such approval. In furtherance of that effort, Cyberlux shall cooperate with
any auditor other review directed or conducted by the Government in connection with its review
of this Agreement, including by granting the Government or its designee access to all books,
records, documents, and other information relating to the Subcontract.
2. Stand Still. During the period of the Government's review of the Agreement, neither Party shall file or
otherwise pursue any judicial or other action for money damages against the other with respect to the
Subcontract or termination, unless that Party first confers with the other in good faith to discuss options for
resolution without such action.
A division of HIl
Issued by: Mission Technologies Commana Media
HIl Proprietary
quotationattribution
Cyberlux/Datron acknowledge continuing defaults in the signed restated financing agreement.
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2160
Docusign Envelope ID: A39ABOEF-BE15-4B0B-8FEF-542FC1B5F558
Huntington Bank
accounts payable aging, and any applicable related contracts
Bank:
and/or purchase orders not previously provided to Lender
Account Name: Cyberlux Corporation
(collectively, an "Advance Request") and the completion of
Account No:
Lender's due diligence relating thereto, and the receipt by Lender
ABA No:
of a satisfactory counterparty acknowledgement of an executed
Instrument of Assignment in the form attached as Exhibit C,
9.9 Borrower acknowledges that Events of Default have
Lender shall promptly disburse the requested amount to
occurred and are continuing under Section 21 hereunder,
Borrower, subject to the terms hereof.
including those described in the Notices of Default
LENDER SHALL NOT PROCESS MORE THAN ONE
delivered to Borrower on November 4, 2024 and March
ADVANCE REQUEST PER CALENDAR WEEK.
31, 2025 (collectively, the "Existing Defaults). Subject
to the terms of this Section 9.9, Lender agrees to
Borrower agrees, in consideration for funds loaned to it
temporarily forbear from exercising its rights and
by Lender under this Agreement, to pay to Lender the following
remedies solely with respect to the Existing Detaults.
amounts (pursuant to the wire instructions in Section 5) to be
charged thereon:
As used herein, the "Forbearance Period" means the
period commencing on the Second Amendment Date and
9.1 Subject to the Credit Limit, the total amount of funding
ending on the earlier of (a) the date that is 90 days
available to Borrower hercunder shall be 50% of the face
thereafter, or (b) the occurrence of any Event of Default
value of each eligible purchase order, task order, delivery
(other than the Existing Defaults), unless extended in
order, or statement of work related to
writing by Lender in its sole discretion
government contracts that (x) has not been disqualified
by Lender for credit or other reasons and (y) is not
During the Forbearance Period:
disputed by the Government Account Debtor
(a) Borrower reaffirms its acknowledgment of the
(collectively, the "Eligible Purchase Orders"); less
Existing Defaults and agrees that, pursuant to Section 22,
amounts outstanding hereunder.
default interest shall continue to accrue at a rate of 4.75%
9.2 Interest on outstanding principal balances shall accrue
per Event of Default, for a combined rate of 9.5% per
daily at the U.S. prime rate in effect from time to time
annum, compounded and capitalized monthly;
(divided by 365) plus 0.0164%, with interest accrued in
(b) Borrower shall pay a forbearance fee equal to 1.00%
a given calendar month due and payable in arrears on the
of the Temporary Increase (as defined below), deemed
earlier to occur of the Facility Maturity Date or the last
fully earned as of the Second Amendment Date and
business day of the following month (the earlier of such
capitalized into the principal balance. Such fee shall be
date, the "Advance Maturity Date").
paid in three equal monthly installments commencing on
9.3 Omitted.
the first Advance Maturity Date following the Second
Amendment Date;
9.4 A commitment fee equal to 1.00% of the Credit Limit
shall be deemed fully earned by Lender on the date
(c) The Credit Limit shall be temporarily increased by
hereof and due and payable in 12 equal monthly
$5,300,000 (the "Temporary Increase), resulting in a
installments beginning upon the first Advance Maturity
temporary aggregate Credit Limit of $12,300,000.
Borrower may submit an Advance Request under the
Temporary Increase solely following (i) Lender's prior
9.5 When advanced amounts outstanding hereunder (a) total
written approval, in its sole and absolute discretion, of a
between 50% and 75% of the Credit Limit, the
written statement detailing the intended use of proceeds,
annualized interest rate in Section 9.2 shall be reduced
in form and substance satisfactory to Lender, and (ii)
by 50 basis points and (b) total at least 75% of the Credit
Borrower's delivery of a form of HII Mission
Limit, the annualized interest rate in Section 9.2 shall be
Technologies Corp. ("HIP") Creditor Certification Form
reduced by 75 basis points.
acceptable to Lender, in its sole and absolute discretion.
9.6 Subject to Section 9.9, Borrower's aggregate obligations
For the avoidance of doubt, no Advance Request shall be
hereunder shall not exceed, without Lender's prior
funded unless and until HIll has agreed to the form of
written approval, the Credit Limit. If such obligations
Creditor Certification Form that provides for all amounts
either exceed the Credit Limit or individual advances
payable by HII to be remitted directly to Lender.
exceed the percentages in Section 9.1, Lender shall have
Notwithstanding anything to the contrary herein, Lender
no obligation to further fund until Borrower pays the
may decline to fund any Advance Request under the
amount of excess, which Borrower hereby agrees to pay
Temporary Increase in its sole and absolute discretion,
upon demand.
provided that such discretion shall not be exercised
unreasonably. Upon expiration of the Forbearance
9.7 All amounts described in this Section 9 (together with all
Period, the Credit Limit shall revert to $7,000,000 and
other amounts owing hereunder) not due on an Advance
all outstanding obligations shall be immediately due and
Maturity Date shall be due and payable upon the Facility
payable;
Maturity Date.
(d) Borrower shall deliver to Lender (1) weekly 13-week
9.8 Collections received by Lender in excess of amounts
rolling cash flow forecasts and variance reports, each in
then owed by Borrower will be remitted to Borrower in
form and substance reasonably satisfactory to Lender,
due course pursuant to the following wire instructions:
2
LEGALIST_000002
quotationattribution
AW/SC acknowledge satisfaction of their original judgment claim while maintaining the separate stock claim.
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2183
10.
The Garnishment in Fairfax is referred to by HII as, in part, a basis for this
Interpleader. See First Amended Complaint, paragraphs 50-55.
11.
AWH and SC also domesticated the Virginia judgment (CL22-3882) in Harris
County Texas where Cyberlux had a drone assembly facility.
12. Upon the domestication of the Virginia Judgment in Texas, Robert Berleth, Esquire was
appointed as a Receiver for Cyberlux by Order entered in Harris County TX in Cause No.
202448085. The Order of Receivership is attached as Exhibit 11 to the First Amended
Complaint.
13.
The Order of Appointment granted broad powers to Berleth including the grant of
power over all causes of action. See First Amended Complaint, Exhibit 11, Order, Paragraph
25(1).
14. Meanwhile, CYBL, also failed to provide "Marketable Trading" stock as required,
and as required by paragraph 2(e) of the Settlement Agreement (the "Stock Claim").
15. CYBL stock, if it had been properly administered as required by the Settlement
Agreement, would have had significant value on or before October 2021, and was additional
consideration for the Settlement Agreement.
16. Paragraph 2(e) of the Settlement Agreement reserved the right in AWH and SC to
re-file a Complaint to enforce its rights under the Stock Claim upon breach.
17. Based on the breach, AWH and SC filed a Complaint to enforce its rights under the
Stock Claim in Richmond Circuit Court which is pending and is filed as CL 24-3910.
18. Berleth, as part of his duties as Receiver, evaluated the Stock Claim advanced by
AWH and SC and compromised the figure with AWH and SC to a reduced liquidated figure of
$6,000,000.00, plus attorney fees and cost.
quotationattribution
Fairwinds disclaims security, lien, assignment, interest and attorney fees in its response.
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2267
Response:
The amount was liquidated on or about July 8, 2025, when Cyberlux sent to
Fairwinds a spreadsheet detailing the amount owed to Fairwinds on its commission based
upon the total amount Cyberlux had invoiced HII.
(d) Whether you claim a security interest in, lien on, or assignment of all or any portion of
the proceeds and, if so, provide your claimed priority date and explain the basis for your
security interest, lien, or assignment.
Response:
None.
(e) Whether you claim a right to interest and, if so, the amount and basis for continuing
accrual thereof, if any.
Response:
None.
(f) Whether you claim a right to attorneys' fees and, if so, the basis therefore and the
amount you will claim.
Response:
None.
(g) For any creditor claiming a secured interest, identify the date(s) on which advances
were made to Cyberlux or on its behalf for which any secured interest is claimed.
Response:
Not applicable.
DOCUMENT REQUEST i:
i.
Documents supporting or otherwise concerning your answer to the above
interrogatory.
3
#111272386v1
quotationattribution
Receiver acknowledges the Texas court has not set his final fees.
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2271
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
HII MISSION TECHNOLOGIES CORP.,
Interpleader Plaintiff,
cos cos cos cos cos cos cos
Civil Action No. 3:25-cv-00483-JAG
CYBERLUX CORP., et al.,
Interpleader Defendants/Claimants.
INTERPLEADER DEFENDANT'S, ROBERT W. BERLETH, AS RECEIVER,
RESPONSES TO THE JOINT DISCOVERY PLAN DISCOVERY REQUESTS
Interpleader Defendant/Claimant, Robert W. Berleth, as Receiver (the "Receiver), by
counsel, hereby submits the following responses to the Joint Discovery Plan Order entered on
February 19, 2026 [Doc. 149].
a.
Interrogatory: Explain the nature of your claim to any of the proceeds that are the
subject of this interpleader, including an explanation of: (a) the amount of the proceeds that you
claim; (b) the legal basis for your right to the proceeds; (c) how the amount you claim became a
liquidated amount or, if not liquidated, state so; (d) whether you claim a security interest in, lien
on, or assignment of all or any portion of the proceeds and, if so, provide your claimed priority
date and explain the basis for your security interest, lien, or assignment; (e) whether you claim a
right to interest and, if so, the amount and basis for continuing accrual thereof, if any; (f) whether
you claim a right to attorneys' fees and, if so, the basis therefore and the amount you will claim;
and (g) for any creditor claiming a secured interest, identify the date(s) on which advances were
made to Cyberlux or on its behalf for which any secured interest is claimed
OBJECTION: The Receiver objects to this interrogatory to subparts (a), (b), (d), (e), and
(f) to the extent that they seek disclosure of legal theories, mental impressions, conclusions,
claimallegation
Gonzalez declares personal knowledge as a 65% member of Thin Air Gear (TAG), submitting this evidence for TAG in EDVA 3:25-cv-00483-JAG. He
Gonzalez declares personal knowledge as a 65% member of Thin Air Gear (TAG), submitting this evidence for TAG in EDVA 3:25-cv-00483-JAG. He is not making this declaration for ARG. The docket identifies ECF 165-1 filed 15 April 2026.
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2135
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
HII MISSION TECHNOLOGIES
CORP.,
Plaintiff,
Case No. 3:25-cv-483
V.
CYBERLUX CORP., et al.,
Defendants.
DECLARATION OF ANTHONY R. GONZALEZ
1, Anthony R. Gonzalez, declare as follows:
I am over the age of 18 and competent to make this Declaration. I have personal
knowledge of the facts stated in this Declaration.
2.
I am the 65% Member of Thin Air Gear, LLC ('TAG") and I submit this Declaration
in support of TAG's Motion for Summary Judgment, supporting Memorandum of
Law, and other related filings.
TAG's Contract With Cyberlux
On September 5, 2023, Cyberlux Corporation d/b/a Catalyst Machineworks, LLC, a
wholly owned subsidiary of Cyberlux (collectively, "Cyberlux") entered into a
contract (the "Contract") with TAG to produce 2,100 wheeled drone kit bags (the
"drone kit bags"). A true and correct copy of Contract (TAG 0005-6) is attached
hereto as Exhibit 1.
These drone kit bags were manufactured and sold to Cyberlux pursuant to the
Subcontract between Cyberlux and Plaintiff HII Mission Technologies Corp.'s
1
claimallegation
Exhibit 2 is an upside-down photograph of multiple camouflage bags in a carton. It illustrates product appearance; it cannot establish 2,100
Exhibit 2 is an upside-down photograph of multiple camouflage bags in a carton. It illustrates product appearance; it cannot establish 2,100 units manufactured, 1,722 delivered, date, destination, or the contents of each bag.
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2144
[Own-image description: Exhibit2 photograph, inverted in the filed page, shows multiple camouflage bags in an open carton. No date, delivery receipt or total production count is demonstrated by the image.]
claimallegation
TAG's Colorado complaint names Cyberlux doing business as Catalyst, pleads jurisdiction/venue and describes Cyberlux as a North Carolina cor
TAG's Colorado complaint names Cyberlux doing business as Catalyst, pleads jurisdiction/venue and describes Cyberlux as a North Carolina corporation. That organisational description differs from the Nevada description in later attached records.
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2146
Case No. 1:25-cv-00805
Document 1 filed 03/12/25 USDC Colorado
pg 1 of 6
Case 3:25-cv-00483-JAG
Document 1-8 Filed 06/24/25 Page 4 of 13 PagelD# 89
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.:
THIN AIR GEAR, LLC,
Plaintiff,
CYBERLUX CORPORATION d/b/a CATALYST MACHINEWORKS, LLC,
Defendant.
COMPLAINT AND JURY DEMAND
Plaintiff Thin Air Gear, LLC, through counsel, KANE LAW FIRM, P.C., for its Complaint
states:
NATURE OF THE CASE
This case arises out of a contractual relationship between the parties. Plaintiff Thin Air Gear,
LLC (hereinafter "Thin Air') agreed to manufacture wheeled drone kit bags to the specifications of
Defendant Cyberlux Corporation d/b/a Catalyst Machineworks, LLC (hereinafter "Cyberlux").
Cyberlux promised to purchase all bags so manufactured. Thin Air produced all wheeled drone kit
bags pursuant to the contract. Cyberlux has refused to pay the balance due on the contract.
PARTIES
Thin Air is a Nevada limited liability company and has its principal place ofbusiness
located at 4196 Center Park Drive, Colorado Springs, CO 80916. Plaintiff is qualified to do business
in Colorado and is in good standing.
TAG-0021
claimallegation
Colorado complaint alleges the bag contract, manufacture, delivery, retained inventory and unpaid balance. Breach and alternative unjust-enr
Colorado complaint alleges the bag contract, manufacture, delivery, retained inventory and unpaid balance. Breach and alternative unjust-enrichment counts rely on TAG's alleged performance and Cyberlux's benefit/nonpayment.
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Case No. 1:25-cv-00805
Document 1 filed 03/12/25 USDC Colorado pg 3 of 6
Case 3:25-cv-00483-JAG
Document 1-8 Filed 06/24/25 Page 6 of 13 PagelD# 91
11.
Thin Air is storing the remaining 378 wheeled drone kit bag at their facility in
Colorado pending final payment on the Contract.
12.
As of November 18, 2024, the balance due on the Contract, including a 1.5% late fee
per month on past due amounts, is $365,049.42.
13.
Thin Air has sent multiple demands to Cyberlux for payment of the balance due
without any response from Cyberlux.
14.
Cyberlux is in breach of the Contract for failure to pay the balance due on the
Contract.
FIRST CLAIM FOR RELIEF
(Breach of Contract)
15.
Plaintiff re-alleges and incorporates by reference the preceding paragraphs as if fully
restated herein.
16.
Pursuant to the Contract, Thin Air agreed to produce, assemble and ship to Catalyst
Machineworks 2,100 wheeled drone kit bags.
17.
Cyberlux agreed to pay Thin Air the sum of $887,900.00 for the contracted items.
18.
Thin Air has performed all its obligations pursuant to the terms of the Contract.
19.
There is a balance of $365,049.42 due to Thin Air remaining on the Contract.
20.
Cyberlux has refused to pay the balance due.
21.
Thin Air has shipped 1,722 of the wheeled drone kit bags to the Catalyst
Machineworks warehouse in Spring, Texas and will ship the remaining 378 bags that are complete
and stored at Thin Air's facility in Colorado Springs upon receipt of the final payment from
Cyberlux.
3
TAG-0023
claimallegation
TAG pleads civil theft under Colorado statutes and requests treble damages, fees, costs, interest and jury trial. These pleading allegations
TAG pleads civil theft under Colorado statutes and requests treble damages, fees, costs, interest and jury trial. These pleading allegations remain distinct from the subsequently attached default judgment and do not adjudicate interpleader priority.
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2150
Case No. 1:25-cv-00805
Document 1 filed 03/12/25 USDC Colorado
pg 5 of 6
Case 3:25-cv-00483-JAG
Document 1-8 Filed 06/24/25 Page 8 of 13 PagelD# 93
Theft. A person commits theft when he or she
knowingly obtains, retains, or exercises control over
anything of value of another without authorization or
by threat or deception... and:
(a) Intends to deprive the other person permanently of
the use or benefit of the thing of value.
31.
As a result of the civil theft committed by Cyberlux, Thin Air is entitled to
reimbursement of the deficit amount plus three times that amount, attorney fees and costs pursuant
to C.R.S. § 18-4-405 which states:
Rights in stolen property. All property obtained by
theft, robbery, or burglary shall be restored to the
owner, and no sale, whether in good faith on the part
of the purchaser or not, shall divest the owner of his
rights to such property. The owner may maintain an
action not only against the taker thereof but also
against any person in whose possession he finds the
property. In any such action, the owner may recover
two hundred dollars or three times the amount of the
actual damages sustained by him, whichever is
greater, and may also recover costs of the action and
reasonable attorney fees...
WHEREFORE, Plaintiff requests that judgment against Defendant be entered as follows:
Damages resulting from Defendants' breach including the $365,049.42 outstanding
balance due on the Contract and interest from December 2024 to present;
Treble damages pursuant to C.R.S. § 18-4-405;
Reasonable attorney fees as required by C.R.S. § 18-4-405;
d.
Costs of litigation;
e.
Pre-judgment and post-judgment interest at the applicable rates; and
f.
Such other and further relief as the Court deems just and proper.
S
TAG-0025
claimallegation
Colorado ECF 27, dated 29 August 2025, adopts the magistrate judge's recommendation, grants the default motion, denies the proposed stipulat
Colorado ECF 27, dated 29 August 2025, adopts the magistrate judge's recommendation, grants the default motion, denies the proposed stipulated final order as moot, awards TAG $1,224,275.14 and closes the case. Exhibits 4 and 5 reproduce the same judgment; Exhibit 5 adds a clerk certification stamp.
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Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 19 of 145 PagelD#
2153
Case No. 1:25-CV-00805-GPG-MDB
Document 27
filed 08/29/25 USDC Colorado
pg 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 25-cv-00805-GPG-MDB
THIN AIR GEAR, LLC,
Plaintiff,
V.
CYBERLUX CORPORATION d/b/a CATALYST MACHINEWORKS, LLC,
Defendant.
FINAL JUDGMENT
In accordance with the orders filed during the pendency of this case, and pursuant to
Federal Rule of Civil Procedure 58(a), the following Final Judgment is hereby entered.
Pursuant to the [D. 26] Order entered by Judge Gordon P. Gallagher on August 29, 2025,
it is
ORDERED that the Recommendation of the United States Magistrate Judge Maritza
Dominquez Braswell [D. 25] is AFFIRMED and ADOPTED as an Order of the Court. It is
FURTHER ORDERED that Plaintiff's Motion for Entry of Default Judgment [D. 18] is
GRANTED, It is
FURTHER ORDERED that the parties proposed Order Granting Stipulation for Final
Judgment [D. 21] is DENIED AS MOOT. It is
FURTHER ORDERED that Plaintiff is awarded $1,224,275.14 in damages. It is
FURTHER ORDERED that judgment is entered in favor of Plaintiff and against
Defendant.
This case is closed.
TAG-0003
claimallegation
Legalist's Second Amended and Restated Government Purchase Order Financing Agreement names Cyberlux and Datron as borrowers. Its face says e
Legalist's Second Amended and Restated Government Purchase Order Financing Agreement names Cyberlux and Datron as borrowers. Its face says effective 27 March 2024; section 40 expressly supplies the Second Amendment Date 29 April 2025. These are distinct date roles, not two newly proved funding dates.
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Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 25 of 145 PagelD#
2159
Docusign Envelope: ID: A39ABOEF-BE15-4B0B-8FEF-542FC1B5F558
SECOND AMENDED AND RESTATED GOVERNMENT
local tax requirements not later than the forty fifth (45th)
PURCHASE ORDER FINANCING AGREEMENT
day after the end of each calendar quarter) that Borrower
This Second Amended and Restated Government Purchase Order
keeps in the ordinary course of business in accordance
Financing Agreement ("Agreement) is made effective as of
accepted accounting principles
March 27, 2024 by and between Legalist SPV III, LP ("Lender)
consistently applied, and Borrower shall certify that all
and Cyberlux Corporation and Datron World Communications,
information contained therein is and shall be true and
Inc. (each and together, "Borrower").
correct ("Quarterly Reporting Obligation).
addition to any Quarterly Reporting Obligation,
Lender hereby agrees to provide Borrower the services specified
Borrower further agrees to provide Lender with a copy
in this Agreement and establishes for a period extending one year
of the Borrower's books and records otherwise due in
from the date hereof (the "Facility Maturity Date") a revolving
connection with any Quarterly Reporting Obligation
line of credit for Borrower in the aggregate maximum principal
promptly upon demand at any time upon reasonable
amount of $7,000,000 (the "Credit Limit").
notice to Borrower.
ACCOUNTS MANAGEMENT
By or before fifteen (15) days after the last business day
Borrower shall, before execution of any agreement with
of each month, Lender shall provide to Borrower a monthly report
a government-related customer (including any prime contractor to
(each a 'Loan Report") detailing the current state of Borrower's
such a customer) (each, a "Government Account Debtor") in
account with Lender based upon documentation then provided by
connection with which Borrower desires Lender to provide
Borrower to Lender, including balance, individual transactions,
financing under this Agreement, provide to Lender the
then-available loan amount under the Credit Limit, and related
Government Account Debtor's contact information, material
information. Borrower shall notify Lender within five (S) days of
evidencing any contract with the Goverment Account Debtor,
delivery if it disputes any part of a Loan Report. The Loan Report
and other information that may be requested. Lender may conduct
shall be deemed correct and binding upon Borrower and shall
due diligence of such Government Account Debtor. Lender may
constitute an account stated between the parties hereto unless
establish or modify a maximum credit limit for any Government
Lender receives Borrower's written statement of exceptions
Account Debtor, without waiving its right at any subsequent time
within five (5) days after Borrower's receipt of same.
to terminate or modify any prior acceptance.
Borrower agrees that all invoices to Government
2.
Borrower shall provide to Lender by or before fifteen
Account Debtors shall designate Borrower as the sole named
(15) days after the last business day of each month:
payee together with the following wiring instructions (as
Borrower may update from time to time):
a. Details of all obligations (including, but not limited to,
invoices, aging reports, and related information) of
Bank: Silicon Valley Bank
Government Account Debtors;
Account Name: Legalist SPV III, LP
Account No: I
b. Details of all accounts payable obligations of Borrower
ABA No:
relating thereto;
Borrower further agrees that all payments made
c. A completed Borrowing Base Certificate in the form
hereunder shall be made pursuant to the foregoing wire
attached as Exhibit A;
instructions only. Lender is unable to accept payment by check.
d. If applicable, a completed Request for Disbursement in
If any payment on an Eligible Purchase Order is received
the form attached as Exhibit B; and
by Borrower, it shall:
e. Such other information as Lender may reasonably
a. Hold such payment irrevocably in trust for Lender,
request (collectively, an "Information Request").
separate and apart from Borrower's own funds;
3.
Borrower warrants and guarantees, by submission of an
Deliver such payment within one (1) business day to
Advance Request, that:
Lender pursuant to the wire instructions contained in
a. The services described therein were (or, as applicable,
Section 5 hereinabove; and
shall be) in fact rendered and that the Eligible Purchase
Immediately notify the payee in writing to send future
Orders (defined below) evidenced thereby are and will
payments to Lender pursuant to such wire instructions.
continue to be genuine, bona fide, and collectable and
without right of offset, counterclaim, or right of return or
Borrower shall designate Lender as a point of contact
cancellation; and
with all Government Account Debtors and execute all
authorizations or other documents requested to establish and
b. If it is notified of any dispute, or of any right of offset,
maintain Lender's authority to accept, endorse, and deposit all
counterclaim, or right of return or cancellation against
Government Account Debtor remittances to its own bank account.
any Government Account Debtor's obligation to
Borrower hereby appoints Lender its agent for the purpose of
Borrower, it will immediately notify Lender in writing.
executing all such authorizations and other documents.
In addition to Borrower's obligation to provide a
ADVANCES; COMPENSATION TO LENDER
monthly Information Request to Lender, Borrower
hereby agrees that it shall also furnish Lender with full
Upon Lender's receipt of a request for disbursement, by
financial statements (expressly including proof of
and through the submission of the Request for Disbursement form
payment and/or compliance with all federal, state and/or
attached as Exhibit B, current accounts receivable aging, current
LEGALIST_000001
claimallegation
The financing agreement states a $7 m revolving credit limit and one-year facility term; monthly reporting includes receivables/payables and
The financing agreement states a $7 m revolving credit limit and one-year facility term; monthly reporting includes receivables/payables and borrowing-base/request forms. Quarterly financials and proof of tax compliance are due within 45 days; records can be demanded during business hours. Loan-report disputes must be notified within five days or the report becomes an account stated under the contract.
Read the anchor · page 25
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 25 of 145 PagelD#
2159
Docusign Envelope: ID: A39ABOEF-BE15-4B0B-8FEF-542FC1B5F558
SECOND AMENDED AND RESTATED GOVERNMENT
local tax requirements not later than the forty fifth (45th)
PURCHASE ORDER FINANCING AGREEMENT
day after the end of each calendar quarter) that Borrower
This Second Amended and Restated Government Purchase Order
keeps in the ordinary course of business in accordance
Financing Agreement ("Agreement) is made effective as of
accepted accounting principles
March 27, 2024 by and between Legalist SPV III, LP ("Lender)
consistently applied, and Borrower shall certify that all
and Cyberlux Corporation and Datron World Communications,
information contained therein is and shall be true and
Inc. (each and together, "Borrower").
correct ("Quarterly Reporting Obligation).
addition to any Quarterly Reporting Obligation,
Lender hereby agrees to provide Borrower the services specified
Borrower further agrees to provide Lender with a copy
in this Agreement and establishes for a period extending one year
of the Borrower's books and records otherwise due in
from the date hereof (the "Facility Maturity Date") a revolving
connection with any Quarterly Reporting Obligation
line of credit for Borrower in the aggregate maximum principal
promptly upon demand at any time upon reasonable
amount of $7,000,000 (the "Credit Limit").
notice to Borrower.
ACCOUNTS MANAGEMENT
By or before fifteen (15) days after the last business day
Borrower shall, before execution of any agreement with
of each month, Lender shall provide to Borrower a monthly report
a government-related customer (including any prime contractor to
(each a 'Loan Report") detailing the current state of Borrower's
such a customer) (each, a "Government Account Debtor") in
account with Lender based upon documentation then provided by
connection with which Borrower desires Lender to provide
Borrower to Lender, including balance, individual transactions,
financing under this Agreement, provide to Lender the
then-available loan amount under the Credit Limit, and related
Government Account Debtor's contact information, material
information. Borrower shall notify Lender within five (S) days of
evidencing any contract with the Goverment Account Debtor,
delivery if it disputes any part of a Loan Report. The Loan Report
and other information that may be requested. Lender may conduct
shall be deemed correct and binding upon Borrower and shall
due diligence of such Government Account Debtor. Lender may
constitute an account stated between the parties hereto unless
establish or modify a maximum credit limit for any Government
Lender receives Borrower's written statement of exceptions
Account Debtor, without waiving its right at any subsequent time
within five (5) days after Borrower's receipt of same.
to terminate or modify any prior acceptance.
Borrower agrees that all invoices to Government
2.
Borrower shall provide to Lender by or before fifteen
Account Debtors shall designate Borrower as the sole named
(15) days after the last business day of each month:
payee together with the following wiring instructions (as
Borrower may update from time to time):
a. Details of all obligations (including, but not limited to,
invoices, aging reports, and related information) of
Bank: Silicon Valley Bank
Government Account Debtors;
Account Name: Legalist SPV III, LP
Account No: I
b. Details of all accounts payable obligations of Borrower
ABA No:
relating thereto;
Borrower further agrees that all payments made
c. A completed Borrowing Base Certificate in the form
hereunder shall be made pursuant to the foregoing wire
attached as Exhibit A;
instructions only. Lender is unable to accept payment by check.
d. If applicable, a completed Request for Disbursement in
If any payment on an Eligible Purchase Order is received
the form attached as Exhibit B; and
by Borrower, it shall:
e. Such other information as Lender may reasonably
a. Hold such payment irrevocably in trust for Lender,
request (collectively, an "Information Request").
separate and apart from Borrower's own funds;
3.
Borrower warrants and guarantees, by submission of an
Deliver such payment within one (1) business day to
Advance Request, that:
Lender pursuant to the wire instructions contained in
a. The services described therein were (or, as applicable,
Section 5 hereinabove; and
shall be) in fact rendered and that the Eligible Purchase
Immediately notify the payee in writing to send future
Orders (defined below) evidenced thereby are and will
payments to Lender pursuant to such wire instructions.
continue to be genuine, bona fide, and collectable and
without right of offset, counterclaim, or right of return or
Borrower shall designate Lender as a point of contact
cancellation; and
with all Government Account Debtors and execute all
authorizations or other documents requested to establish and
b. If it is notified of any dispute, or of any right of offset,
maintain Lender's authority to accept, endorse, and deposit all
counterclaim, or right of return or cancellation against
Government Account Debtor remittances to its own bank account.
any Government Account Debtor's obligation to
Borrower hereby appoints Lender its agent for the purpose of
Borrower, it will immediately notify Lender in writing.
executing all such authorizations and other documents.
In addition to Borrower's obligation to provide a
ADVANCES; COMPENSATION TO LENDER
monthly Information Request to Lender, Borrower
hereby agrees that it shall also furnish Lender with full
Upon Lender's receipt of a request for disbursement, by
financial statements (expressly including proof of
and through the submission of the Request for Disbursement form
payment and/or compliance with all federal, state and/or
attached as Exhibit B, current accounts receivable aging, current
LEGALIST_000001
claimallegation
Borrower invoices must name the borrower as payee but direct wires to Legalist. Collections received by a borrower must be held separately i
Borrower invoices must name the borrower as payee but direct wires to Legalist. Collections received by a borrower must be held separately in trust, remitted within one business day, and accompanied by instructions to future payers; Legalist receives collection-agent authority. Visible banking redactions are not reconstructed.
Read the anchor · page 25
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 25 of 145 PagelD#
2159
Docusign Envelope: ID: A39ABOEF-BE15-4B0B-8FEF-542FC1B5F558
SECOND AMENDED AND RESTATED GOVERNMENT
local tax requirements not later than the forty fifth (45th)
PURCHASE ORDER FINANCING AGREEMENT
day after the end of each calendar quarter) that Borrower
This Second Amended and Restated Government Purchase Order
keeps in the ordinary course of business in accordance
Financing Agreement ("Agreement) is made effective as of
accepted accounting principles
March 27, 2024 by and between Legalist SPV III, LP ("Lender)
consistently applied, and Borrower shall certify that all
and Cyberlux Corporation and Datron World Communications,
information contained therein is and shall be true and
Inc. (each and together, "Borrower").
correct ("Quarterly Reporting Obligation).
addition to any Quarterly Reporting Obligation,
Lender hereby agrees to provide Borrower the services specified
Borrower further agrees to provide Lender with a copy
in this Agreement and establishes for a period extending one year
of the Borrower's books and records otherwise due in
from the date hereof (the "Facility Maturity Date") a revolving
connection with any Quarterly Reporting Obligation
line of credit for Borrower in the aggregate maximum principal
promptly upon demand at any time upon reasonable
amount of $7,000,000 (the "Credit Limit").
notice to Borrower.
ACCOUNTS MANAGEMENT
By or before fifteen (15) days after the last business day
Borrower shall, before execution of any agreement with
of each month, Lender shall provide to Borrower a monthly report
a government-related customer (including any prime contractor to
(each a 'Loan Report") detailing the current state of Borrower's
such a customer) (each, a "Government Account Debtor") in
account with Lender based upon documentation then provided by
connection with which Borrower desires Lender to provide
Borrower to Lender, including balance, individual transactions,
financing under this Agreement, provide to Lender the
then-available loan amount under the Credit Limit, and related
Government Account Debtor's contact information, material
information. Borrower shall notify Lender within five (S) days of
evidencing any contract with the Goverment Account Debtor,
delivery if it disputes any part of a Loan Report. The Loan Report
and other information that may be requested. Lender may conduct
shall be deemed correct and binding upon Borrower and shall
due diligence of such Government Account Debtor. Lender may
constitute an account stated between the parties hereto unless
establish or modify a maximum credit limit for any Government
Lender receives Borrower's written statement of exceptions
Account Debtor, without waiving its right at any subsequent time
within five (5) days after Borrower's receipt of same.
to terminate or modify any prior acceptance.
Borrower agrees that all invoices to Government
2.
Borrower shall provide to Lender by or before fifteen
Account Debtors shall designate Borrower as the sole named
(15) days after the last business day of each month:
payee together with the following wiring instructions (as
Borrower may update from time to time):
a. Details of all obligations (including, but not limited to,
invoices, aging reports, and related information) of
Bank: Silicon Valley Bank
Government Account Debtors;
Account Name: Legalist SPV III, LP
Account No: I
b. Details of all accounts payable obligations of Borrower
ABA No:
relating thereto;
Borrower further agrees that all payments made
c. A completed Borrowing Base Certificate in the form
hereunder shall be made pursuant to the foregoing wire
attached as Exhibit A;
instructions only. Lender is unable to accept payment by check.
d. If applicable, a completed Request for Disbursement in
If any payment on an Eligible Purchase Order is received
the form attached as Exhibit B; and
by Borrower, it shall:
e. Such other information as Lender may reasonably
a. Hold such payment irrevocably in trust for Lender,
request (collectively, an "Information Request").
separate and apart from Borrower's own funds;
3.
Borrower warrants and guarantees, by submission of an
Deliver such payment within one (1) business day to
Advance Request, that:
Lender pursuant to the wire instructions contained in
a. The services described therein were (or, as applicable,
Section 5 hereinabove; and
shall be) in fact rendered and that the Eligible Purchase
Immediately notify the payee in writing to send future
Orders (defined below) evidenced thereby are and will
payments to Lender pursuant to such wire instructions.
continue to be genuine, bona fide, and collectable and
without right of offset, counterclaim, or right of return or
Borrower shall designate Lender as a point of contact
cancellation; and
with all Government Account Debtors and execute all
authorizations or other documents requested to establish and
b. If it is notified of any dispute, or of any right of offset,
maintain Lender's authority to accept, endorse, and deposit all
counterclaim, or right of return or cancellation against
Government Account Debtor remittances to its own bank account.
any Government Account Debtor's obligation to
Borrower hereby appoints Lender its agent for the purpose of
Borrower, it will immediately notify Lender in writing.
executing all such authorizations and other documents.
In addition to Borrower's obligation to provide a
ADVANCES; COMPENSATION TO LENDER
monthly Information Request to Lender, Borrower
hereby agrees that it shall also furnish Lender with full
Upon Lender's receipt of a request for disbursement, by
financial statements (expressly including proof of
and through the submission of the Request for Disbursement form
payment and/or compliance with all federal, state and/or
attached as Exhibit B, current accounts receivable aging, current
LEGALIST_000001
claimallegation
Advances require supporting records and an acknowledged assignment; at most one request is processed per calendar week. Availability is 50%
Advances require supporting records and an acknowledged assignment; at most one request is processed per calendar week. Availability is 50% of eligible undisputed government orders less outstanding balances. Stated daily interest is prime divided by 365 plus 0.0164%, with a 1% commitment fee and utilisation discounts of 50/75 basis points.
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Case 3:25-cv-00483-JAG Document 165-1
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2160
Docusign Envelope ID: A39ABOEF-BE15-4B0B-8FEF-542FC1B5F558
Huntington Bank
accounts payable aging, and any applicable related contracts
Bank:
and/or purchase orders not previously provided to Lender
Account Name: Cyberlux Corporation
(collectively, an "Advance Request") and the completion of
Account No:
Lender's due diligence relating thereto, and the receipt by Lender
ABA No:
of a satisfactory counterparty acknowledgement of an executed
Instrument of Assignment in the form attached as Exhibit C,
9.9 Borrower acknowledges that Events of Default have
Lender shall promptly disburse the requested amount to
occurred and are continuing under Section 21 hereunder,
Borrower, subject to the terms hereof.
including those described in the Notices of Default
LENDER SHALL NOT PROCESS MORE THAN ONE
delivered to Borrower on November 4, 2024 and March
ADVANCE REQUEST PER CALENDAR WEEK.
31, 2025 (collectively, the "Existing Defaults). Subject
to the terms of this Section 9.9, Lender agrees to
Borrower agrees, in consideration for funds loaned to it
temporarily forbear from exercising its rights and
by Lender under this Agreement, to pay to Lender the following
remedies solely with respect to the Existing Detaults.
amounts (pursuant to the wire instructions in Section 5) to be
charged thereon:
As used herein, the "Forbearance Period" means the
period commencing on the Second Amendment Date and
9.1 Subject to the Credit Limit, the total amount of funding
ending on the earlier of (a) the date that is 90 days
available to Borrower hercunder shall be 50% of the face
thereafter, or (b) the occurrence of any Event of Default
value of each eligible purchase order, task order, delivery
(other than the Existing Defaults), unless extended in
order, or statement of work related to
writing by Lender in its sole discretion
government contracts that (x) has not been disqualified
by Lender for credit or other reasons and (y) is not
During the Forbearance Period:
disputed by the Government Account Debtor
(a) Borrower reaffirms its acknowledgment of the
(collectively, the "Eligible Purchase Orders"); less
Existing Defaults and agrees that, pursuant to Section 22,
amounts outstanding hereunder.
default interest shall continue to accrue at a rate of 4.75%
9.2 Interest on outstanding principal balances shall accrue
per Event of Default, for a combined rate of 9.5% per
daily at the U.S. prime rate in effect from time to time
annum, compounded and capitalized monthly;
(divided by 365) plus 0.0164%, with interest accrued in
(b) Borrower shall pay a forbearance fee equal to 1.00%
a given calendar month due and payable in arrears on the
of the Temporary Increase (as defined below), deemed
earlier to occur of the Facility Maturity Date or the last
fully earned as of the Second Amendment Date and
business day of the following month (the earlier of such
capitalized into the principal balance. Such fee shall be
date, the "Advance Maturity Date").
paid in three equal monthly installments commencing on
9.3 Omitted.
the first Advance Maturity Date following the Second
Amendment Date;
9.4 A commitment fee equal to 1.00% of the Credit Limit
shall be deemed fully earned by Lender on the date
(c) The Credit Limit shall be temporarily increased by
hereof and due and payable in 12 equal monthly
$5,300,000 (the "Temporary Increase), resulting in a
installments beginning upon the first Advance Maturity
temporary aggregate Credit Limit of $12,300,000.
Borrower may submit an Advance Request under the
Temporary Increase solely following (i) Lender's prior
9.5 When advanced amounts outstanding hereunder (a) total
written approval, in its sole and absolute discretion, of a
between 50% and 75% of the Credit Limit, the
written statement detailing the intended use of proceeds,
annualized interest rate in Section 9.2 shall be reduced
in form and substance satisfactory to Lender, and (ii)
by 50 basis points and (b) total at least 75% of the Credit
Borrower's delivery of a form of HII Mission
Limit, the annualized interest rate in Section 9.2 shall be
Technologies Corp. ("HIP") Creditor Certification Form
reduced by 75 basis points.
acceptable to Lender, in its sole and absolute discretion.
9.6 Subject to Section 9.9, Borrower's aggregate obligations
For the avoidance of doubt, no Advance Request shall be
hereunder shall not exceed, without Lender's prior
funded unless and until HIll has agreed to the form of
written approval, the Credit Limit. If such obligations
Creditor Certification Form that provides for all amounts
either exceed the Credit Limit or individual advances
payable by HII to be remitted directly to Lender.
exceed the percentages in Section 9.1, Lender shall have
Notwithstanding anything to the contrary herein, Lender
no obligation to further fund until Borrower pays the
may decline to fund any Advance Request under the
amount of excess, which Borrower hereby agrees to pay
Temporary Increase in its sole and absolute discretion,
upon demand.
provided that such discretion shall not be exercised
unreasonably. Upon expiration of the Forbearance
9.7 All amounts described in this Section 9 (together with all
Period, the Credit Limit shall revert to $7,000,000 and
other amounts owing hereunder) not due on an Advance
all outstanding obligations shall be immediately due and
Maturity Date shall be due and payable upon the Facility
payable;
Maturity Date.
(d) Borrower shall deliver to Lender (1) weekly 13-week
9.8 Collections received by Lender in excess of amounts
rolling cash flow forecasts and variance reports, each in
then owed by Borrower will be remitted to Borrower in
form and substance reasonably satisfactory to Lender,
due course pursuant to the following wire instructions:
2
LEGALIST_000002
claimallegation
Section 9.9 acknowledges continuing defaults notified on 4 November 2024 and 31 March 2025. Borrowers agree the two default charges combine
Section 9.9 acknowledges continuing defaults notified on 4 November 2024 and 31 March 2025. Borrowers agree the two default charges combine to 9.5% annually, compounded/capitalised monthly. Forbearance is limited to existing defaults for 90 days from the Second Amendment Date unless an earlier new default intervenes.
Read the anchor · page 26
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 26 of 145 PagelD#
2160
Docusign Envelope ID: A39ABOEF-BE15-4B0B-8FEF-542FC1B5F558
Huntington Bank
accounts payable aging, and any applicable related contracts
Bank:
and/or purchase orders not previously provided to Lender
Account Name: Cyberlux Corporation
(collectively, an "Advance Request") and the completion of
Account No:
Lender's due diligence relating thereto, and the receipt by Lender
ABA No:
of a satisfactory counterparty acknowledgement of an executed
Instrument of Assignment in the form attached as Exhibit C,
9.9 Borrower acknowledges that Events of Default have
Lender shall promptly disburse the requested amount to
occurred and are continuing under Section 21 hereunder,
Borrower, subject to the terms hereof.
including those described in the Notices of Default
LENDER SHALL NOT PROCESS MORE THAN ONE
delivered to Borrower on November 4, 2024 and March
ADVANCE REQUEST PER CALENDAR WEEK.
31, 2025 (collectively, the "Existing Defaults). Subject
to the terms of this Section 9.9, Lender agrees to
Borrower agrees, in consideration for funds loaned to it
temporarily forbear from exercising its rights and
by Lender under this Agreement, to pay to Lender the following
remedies solely with respect to the Existing Detaults.
amounts (pursuant to the wire instructions in Section 5) to be
charged thereon:
As used herein, the "Forbearance Period" means the
period commencing on the Second Amendment Date and
9.1 Subject to the Credit Limit, the total amount of funding
ending on the earlier of (a) the date that is 90 days
available to Borrower hercunder shall be 50% of the face
thereafter, or (b) the occurrence of any Event of Default
value of each eligible purchase order, task order, delivery
(other than the Existing Defaults), unless extended in
order, or statement of work related to
writing by Lender in its sole discretion
government contracts that (x) has not been disqualified
by Lender for credit or other reasons and (y) is not
During the Forbearance Period:
disputed by the Government Account Debtor
(a) Borrower reaffirms its acknowledgment of the
(collectively, the "Eligible Purchase Orders"); less
Existing Defaults and agrees that, pursuant to Section 22,
amounts outstanding hereunder.
default interest shall continue to accrue at a rate of 4.75%
9.2 Interest on outstanding principal balances shall accrue
per Event of Default, for a combined rate of 9.5% per
daily at the U.S. prime rate in effect from time to time
annum, compounded and capitalized monthly;
(divided by 365) plus 0.0164%, with interest accrued in
(b) Borrower shall pay a forbearance fee equal to 1.00%
a given calendar month due and payable in arrears on the
of the Temporary Increase (as defined below), deemed
earlier to occur of the Facility Maturity Date or the last
fully earned as of the Second Amendment Date and
business day of the following month (the earlier of such
capitalized into the principal balance. Such fee shall be
date, the "Advance Maturity Date").
paid in three equal monthly installments commencing on
9.3 Omitted.
the first Advance Maturity Date following the Second
Amendment Date;
9.4 A commitment fee equal to 1.00% of the Credit Limit
shall be deemed fully earned by Lender on the date
(c) The Credit Limit shall be temporarily increased by
hereof and due and payable in 12 equal monthly
$5,300,000 (the "Temporary Increase), resulting in a
installments beginning upon the first Advance Maturity
temporary aggregate Credit Limit of $12,300,000.
Borrower may submit an Advance Request under the
Temporary Increase solely following (i) Lender's prior
9.5 When advanced amounts outstanding hereunder (a) total
written approval, in its sole and absolute discretion, of a
between 50% and 75% of the Credit Limit, the
written statement detailing the intended use of proceeds,
annualized interest rate in Section 9.2 shall be reduced
in form and substance satisfactory to Lender, and (ii)
by 50 basis points and (b) total at least 75% of the Credit
Borrower's delivery of a form of HII Mission
Limit, the annualized interest rate in Section 9.2 shall be
Technologies Corp. ("HIP") Creditor Certification Form
reduced by 75 basis points.
acceptable to Lender, in its sole and absolute discretion.
9.6 Subject to Section 9.9, Borrower's aggregate obligations
For the avoidance of doubt, no Advance Request shall be
hereunder shall not exceed, without Lender's prior
funded unless and until HIll has agreed to the form of
written approval, the Credit Limit. If such obligations
Creditor Certification Form that provides for all amounts
either exceed the Credit Limit or individual advances
payable by HII to be remitted directly to Lender.
exceed the percentages in Section 9.1, Lender shall have
Notwithstanding anything to the contrary herein, Lender
no obligation to further fund until Borrower pays the
may decline to fund any Advance Request under the
amount of excess, which Borrower hereby agrees to pay
Temporary Increase in its sole and absolute discretion,
upon demand.
provided that such discretion shall not be exercised
unreasonably. Upon expiration of the Forbearance
9.7 All amounts described in this Section 9 (together with all
Period, the Credit Limit shall revert to $7,000,000 and
other amounts owing hereunder) not due on an Advance
all outstanding obligations shall be immediately due and
Maturity Date shall be due and payable upon the Facility
payable;
Maturity Date.
(d) Borrower shall deliver to Lender (1) weekly 13-week
9.8 Collections received by Lender in excess of amounts
rolling cash flow forecasts and variance reports, each in
then owed by Borrower will be remitted to Borrower in
form and substance reasonably satisfactory to Lender,
due course pursuant to the following wire instructions:
2
LEGALIST_000002
claimallegation
Gonzalez says Cyberlux doing business as Catalyst contracted on 5 September 2023 for 2,100 drone kit bags at $887,900 and paid a $150,000 de
Gonzalez says Cyberlux doing business as Catalyst contracted on 5 September 2023 for 2,100 drone kit bags at $887,900 and paid a $150,000 deposit on 14 September. TAG manufactured all bags, delivered 1,722 to Spring, Texas, and retained 378 pending final payment.
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Case 3:25-cv-00483-JAG Document 165-1
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2135
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
HII MISSION TECHNOLOGIES
CORP.,
Plaintiff,
Case No. 3:25-cv-483
V.
CYBERLUX CORP., et al.,
Defendants.
DECLARATION OF ANTHONY R. GONZALEZ
1, Anthony R. Gonzalez, declare as follows:
I am over the age of 18 and competent to make this Declaration. I have personal
knowledge of the facts stated in this Declaration.
2.
I am the 65% Member of Thin Air Gear, LLC ('TAG") and I submit this Declaration
in support of TAG's Motion for Summary Judgment, supporting Memorandum of
Law, and other related filings.
TAG's Contract With Cyberlux
On September 5, 2023, Cyberlux Corporation d/b/a Catalyst Machineworks, LLC, a
wholly owned subsidiary of Cyberlux (collectively, "Cyberlux") entered into a
contract (the "Contract") with TAG to produce 2,100 wheeled drone kit bags (the
"drone kit bags"). A true and correct copy of Contract (TAG 0005-6) is attached
hereto as Exhibit 1.
These drone kit bags were manufactured and sold to Cyberlux pursuant to the
Subcontract between Cyberlux and Plaintiff HII Mission Technologies Corp.'s
1
claimallegation
Forbearance temporarily increases the credit limit by $5.3 m to $12.3 m and charges $53,000 in three instalments. Advances require approved
Forbearance temporarily increases the credit limit by $5.3 m to $12.3 m and charges $53,000 in three instalments. Advances require approved use and HII creditor certification directing all HII payments to Legalist. Weekly 13-week cash forecasts/variance reports are required; expiry restores the $7 m limit and makes obligations due. No default waiver is given.
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Case 3:25-cv-00483-JAG Document 165-1
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2160
Docusign Envelope ID: A39ABOEF-BE15-4B0B-8FEF-542FC1B5F558
Huntington Bank
accounts payable aging, and any applicable related contracts
Bank:
and/or purchase orders not previously provided to Lender
Account Name: Cyberlux Corporation
(collectively, an "Advance Request") and the completion of
Account No:
Lender's due diligence relating thereto, and the receipt by Lender
ABA No:
of a satisfactory counterparty acknowledgement of an executed
Instrument of Assignment in the form attached as Exhibit C,
9.9 Borrower acknowledges that Events of Default have
Lender shall promptly disburse the requested amount to
occurred and are continuing under Section 21 hereunder,
Borrower, subject to the terms hereof.
including those described in the Notices of Default
LENDER SHALL NOT PROCESS MORE THAN ONE
delivered to Borrower on November 4, 2024 and March
ADVANCE REQUEST PER CALENDAR WEEK.
31, 2025 (collectively, the "Existing Defaults). Subject
to the terms of this Section 9.9, Lender agrees to
Borrower agrees, in consideration for funds loaned to it
temporarily forbear from exercising its rights and
by Lender under this Agreement, to pay to Lender the following
remedies solely with respect to the Existing Detaults.
amounts (pursuant to the wire instructions in Section 5) to be
charged thereon:
As used herein, the "Forbearance Period" means the
period commencing on the Second Amendment Date and
9.1 Subject to the Credit Limit, the total amount of funding
ending on the earlier of (a) the date that is 90 days
available to Borrower hercunder shall be 50% of the face
thereafter, or (b) the occurrence of any Event of Default
value of each eligible purchase order, task order, delivery
(other than the Existing Defaults), unless extended in
order, or statement of work related to
writing by Lender in its sole discretion
government contracts that (x) has not been disqualified
by Lender for credit or other reasons and (y) is not
During the Forbearance Period:
disputed by the Government Account Debtor
(a) Borrower reaffirms its acknowledgment of the
(collectively, the "Eligible Purchase Orders"); less
Existing Defaults and agrees that, pursuant to Section 22,
amounts outstanding hereunder.
default interest shall continue to accrue at a rate of 4.75%
9.2 Interest on outstanding principal balances shall accrue
per Event of Default, for a combined rate of 9.5% per
daily at the U.S. prime rate in effect from time to time
annum, compounded and capitalized monthly;
(divided by 365) plus 0.0164%, with interest accrued in
(b) Borrower shall pay a forbearance fee equal to 1.00%
a given calendar month due and payable in arrears on the
of the Temporary Increase (as defined below), deemed
earlier to occur of the Facility Maturity Date or the last
fully earned as of the Second Amendment Date and
business day of the following month (the earlier of such
capitalized into the principal balance. Such fee shall be
date, the "Advance Maturity Date").
paid in three equal monthly installments commencing on
9.3 Omitted.
the first Advance Maturity Date following the Second
Amendment Date;
9.4 A commitment fee equal to 1.00% of the Credit Limit
shall be deemed fully earned by Lender on the date
(c) The Credit Limit shall be temporarily increased by
hereof and due and payable in 12 equal monthly
$5,300,000 (the "Temporary Increase), resulting in a
installments beginning upon the first Advance Maturity
temporary aggregate Credit Limit of $12,300,000.
Borrower may submit an Advance Request under the
Temporary Increase solely following (i) Lender's prior
9.5 When advanced amounts outstanding hereunder (a) total
written approval, in its sole and absolute discretion, of a
between 50% and 75% of the Credit Limit, the
written statement detailing the intended use of proceeds,
annualized interest rate in Section 9.2 shall be reduced
in form and substance satisfactory to Lender, and (ii)
by 50 basis points and (b) total at least 75% of the Credit
Borrower's delivery of a form of HII Mission
Limit, the annualized interest rate in Section 9.2 shall be
Technologies Corp. ("HIP") Creditor Certification Form
reduced by 75 basis points.
acceptable to Lender, in its sole and absolute discretion.
9.6 Subject to Section 9.9, Borrower's aggregate obligations
For the avoidance of doubt, no Advance Request shall be
hereunder shall not exceed, without Lender's prior
funded unless and until HIll has agreed to the form of
written approval, the Credit Limit. If such obligations
Creditor Certification Form that provides for all amounts
either exceed the Credit Limit or individual advances
payable by HII to be remitted directly to Lender.
exceed the percentages in Section 9.1, Lender shall have
Notwithstanding anything to the contrary herein, Lender
no obligation to further fund until Borrower pays the
may decline to fund any Advance Request under the
amount of excess, which Borrower hereby agrees to pay
Temporary Increase in its sole and absolute discretion,
upon demand.
provided that such discretion shall not be exercised
unreasonably. Upon expiration of the Forbearance
9.7 All amounts described in this Section 9 (together with all
Period, the Credit Limit shall revert to $7,000,000 and
other amounts owing hereunder) not due on an Advance
all outstanding obligations shall be immediately due and
Maturity Date shall be due and payable upon the Facility
payable;
Maturity Date.
(d) Borrower shall deliver to Lender (1) weekly 13-week
9.8 Collections received by Lender in excess of amounts
rolling cash flow forecasts and variance reports, each in
then owed by Borrower will be remitted to Borrower in
form and substance reasonably satisfactory to Lender,
due course pursuant to the following wire instructions:
2
LEGALIST_000002
claimallegation
Security provisions grant a broad lien over assets and proceeds, require subordination with an express exception for disputed AW/SC/Strikepo
Security provisions grant a broad lien over assets and proceeds, require subordination with an express exception for disputed AW/SC/Strikepoint liens in identified litigation, preserve debt/security after clawback, and restrict debtor compromises without lender consent. The contractual claim does not itself resolve competing priority.
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Docusign Envelope ID: А39AB0EF-BE15-4B0B-8FEF-542FC1B5F558
and (ii) such other information as Lender may reasonably
January 30, 2024 and there bearing case no. 3:24-cv-00196-RBM-
request;
VET, and (b) that certain civil proceeding commenced by the
(e) Solely to implement this Section 9.9 and without
Atlantic Wave Parties against Borrower and Mark D. Schmidt,
waiving any Event of Default, the Facility Maturity Date
removed to the United States District Court for the Southern
shall be deemed extended through the end of the
District of California on or about March 11, 2024 and there
Forbearance Period, unless otherwise agreed by Lender
bearing case no. 3:24-cv-00482-RBM-VET (collectively, the
in writing.
"Atlantic Wave Litigation").
(f) Nothing in this Section 9.9 shall constitute a waiver
12.
Lender shall have the continuing and exclusive right to
of any Event of Default or limit any right or remedy of
reapply or reverse and reapply any payment by or on behalf of
Lender. This forbearance is limited to the terms set forth
Borrower to any portion of Borrower's obligations hereunder if a
herein and may be terminated by Lender upon written
payment or proceeds thereof, or any part thereof, is subsequently
notice following any breach of this Section 9.9 or any
invalidated, declared to be fraudulent or preferential, set aside, or
other provision of this Agreement. Lender reserves the
required to be repaid (including to a trustee, receiver or any other
right to assess additional default interest in accordance
party under any bankruptcy law, state or federal law, common law
with Section 22 for any other Event of Default.
or equitable cause). In such event, to the extent of such amount
received, the obligations hereunder shall be revived and continue
in full force and effect, as if such payment or proceeds had not
COLLATERAL
been received.
Borrower hereby grants to Lender a continuing lien on
13.
Omitted.
and security interest in all assets of Borrower, including its now
existing and hereafter arising rights and interests in the following,
Borrower agrees that its grant of a security interest shall
wherever located: all goods, accounts, accounts receivable,
be resurrected and acknowledges Lender's right to file any
equipment, inventory, contract rights or rights to payment of
financing statement or similar document that may be necessary or
money, leases, license agreements, franchise agreements, general
desirable if any amount is reapplied or reversed under Section 12,
intangibles, commercial tort claims, documents, instruments
even if a prior financing statement has been terminated.
(including any promissory notes), chattel paper (whether tangible
Lender may, in its sole and absolute discretion, require
or electronic), cash, deposit accounts, certificates of deposit,
Government Account Debtors to pay Eligible Purchase Orders
fixtures, letters of credit rights (whether or not the letter of credit
obligations directly to it or an affiliate per Section 5, including (i)
is evidenced by a writing), securities, and all other investment
notify a Government Account Debtor that its account has been
property, supporting obligations, and financial assets; and all
assigned to Lender by Borrower and that payment thereof shall be
Borrower's books relating to the foregoing, and any and all
made to the order of and directly to Lender and (ii) demanding.
claims, rights and interests in any of the above and all
collecting, or enforcing payment thereof.
substitutions for, additions, attachments, accessories, accessions
and improvements to and replacements, products, proceeds and
After an Event of Default, Lender shall be entitled to take
insurance proceeds of any or all of the foregoing (collectively, the
the action set forth above with respect to any Collateral.
"Collateral).
17.
Borrower shall not, without Lender's prior written
Borrower authorizes Lender, at its discretion, to file or record a
consent in each instance (a) grant an extension of time for
financing statement (UCC-1) or any other document necessary or
payment of any Eligible Purchase Order, (b) compromise or settle
desirable to perfect, maintain, or protect Lender's security interest
any Eligible Purchase Order, or (c) grant any credit, discount,
in the Collateral. Borrower agrees to execute and deliver any such
allowance, deduction, return authorization, or the like with respect
documents as may be required by the Lender to facilitate such
to any Eligible Purchase Order. Furthermore, Borrower shall (a)
filing.
use best efforts, and cooperate in good faith as requested by
Lender, to ensure timely collection in full of all Collateral and (b)
Borrower shall not encumber any Collateral except for
take all steps necessary or desirable (including in the performance
the grant description in Section 10. To the extent that a security
of all contracts and other obligations relating to the Collateral) to
interest(s) of a third party predates this Agreement and involves
maximize the value of the Collateral and ensure timely
the Collateral described in Section 10, as a condition to funding
satisfaction of the Borrower's obligations hereunder.
described in Section 9, Borrower shall obtain and provide Lender
with a subordination agreement with respect to the Collateral in
18.
Borrower warrants, represents and/or covenants (as
form and substance acceptable to Lender in its sole discretion
applicable) that:
upon its request, except that Borrower shall not be required to
The Collateral is free and clear of all liens,
obtain any subordination agreement from, or with respect to the
encumbrances, security interests, and adverse claims
alleged liens and/or security interests asserted by, Atlantic Wave
(other than those granted to Lender hereunder), other
Holdings, LLC and/or Secure Community, LLC and/or
than the Atlantic Wave Liens;
Strikepoint Consulting LLC (collectively, theạiAtlantic Wave
Partiesiạ, which asserted liens and/or security interests (the
Borrower acknowledges that it shall not obtain any
"Atlantic Wave Liens") are described in, and disputed in whole
additional financing that is secured by the Collateral after
and/or in part by Borrower in, among other things, (a) that certain
entering ints Agreement.
civil proceeding commenced by the Atlantic Wave Parties against
Initials:
Borrower and Mark D. Schmidt, removed to the United States
District Court for the Southern District of California on or about
LEGALIST_000003
claimallegation
Borrowers represent eligible orders genuine/collectable, financial information and liabilities accurate subject to the AW litigation excepti
Borrowers represent eligible orders genuine/collectable, financial information and liabilities accurate subject to the AW litigation exception, taxes compliant and authority valid; the representations are repeated upon each advance. Power-of-attorney provisions permit collections, litigation/proof of claim and mail-related actions with costs charged to borrower.
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2162
Docusign Envelope ID: A39AB0EF-BE15-4B0B-8FEF-542FC1B5F558
b. All Eligible Purchase Orders in an Advance Request are
acknowledgment is in addition to, and not in lieu of, any
and at all times will continue to be genuine, bona fide,
obligations under this Section 18.
and collectable and without right of offset, counterclaim,
or right of return or cancellation;
19.
Each warranty and representation contained in this
agreement shall be deemed reaffirmed with each Advance
Borrower acknowledges that it shall not submit for
Request submission and each advance of funds and shall be
funding any purchase order that may be disputed or
conclusively presumed to have been relied on by Lender
cancelled buS Government Account Debtor.
regardless of any investigation made, or information possessed,
Initials:
by Lender. The warranties, representations, agreements, and
covenants herein shall be cumulative and in addition to any
c. Omitted.
contained in any other document or instrument that Borrower
Borrower's books and records do and shall fully and
gives, or causes to be given, to Lender, either now or hereafter.
accurately reflect all of Borrower 's assets and liabilities
Borrower acknowledges that it is reaffirming each warranty,
other than the Atlantic Wave Litigation (absolute and
representation, and/or covenant in Section 18 with each Advance
contingent) and have been and shall be kept in the
Request the submits.
ordinary course of business in accordance with generally
accepted accounting principles consistently applied, and
Initials:
all information contained therein is and shall be true and
Borrower hereby irrevocably appoints Lender its true
and lawful attorney in fact (which appointment is coupled with an
Borrower aaknowledges that its books and records shall
interest and irrevocable) to exercise, at any time and from time to
time in Lender's sole discretion, the following powers, until all
be main a ford accurate.
amounts due Lender have been fully, finally, and indefeasibly
Initials:
paid: (i) receive, take, endorse, assign, deliver, accept, and
e. All taxes of any governmental or taxing authority due or
deposit, in the name of Lender or Borrower, cash, checks,
payable by, or imposed or assessed against, Borrower,
commercial paper, drafts, remittances, and other instruments and
have and shall be paid in full before delinquency;
documents relating to any Eligible Purchase Orders, other
Collateral, or the proceeds thereof; (ii) execute and file any
Borrowe agroy ledges that it shall timely pay all taxes.
financing statement or similar document that may be necessary or
Initials:
desirable to perfect or maintain the lien and security interest
granted herein (Borrower hereby approves and ratifies any
There is no action or proceeding pending by or against
financing statement filed by Lender against Borrower prior to the
Borrower before any court or administrative agency or
date hereof); (111) enter into agreements with Government
pending, threatened, or imminent governmental
Account Debtors, obligors, or third parties in order to enforce or
investigation, or other claim, complaint, or prosecution
collect upon any Eligible Purchase Orders or other Collateral; (iv)
involving Borrower, other than the Atlantic Wave
discharge past due taxes, assessments, charges, fees, or liens on
the Collateral; (v) contact any Government Account Debtor for
Borrower acknowledges that there are no pending
any reason; (vi) take or bring, in the name of Lender or Borrower,
actions agaisst it (other than the Atlantic Wave
all steps, actions, suits, or proceedings necessary or desirable to
(a) perform any contract or other arrangement giving rise to any
Litigation) MUS
Eligible Purchase Orders; and (b) otherwise collect or realize on
Initials:
any Eligible Purchase Orders, other Collateral, or the proceeds
g. Borrower has the legal power and authority to enter into
thereof; (vii) settle, adjust, compromise, extend, or renew any
Eligible Purchase Orders or other Collateral; (viii) settle, adjust,
this agreement and to perform and discharge its
obligations hereunder; and
or compromise any legal proceedings brought to collect any
Eligible Purchase Orders or other Collateral; (ix) prepare, file and
Borrower ackaowledges that there is nothing preventing
sign Borrower's name on a proof of claim in bankruptcy,
it from entent ghto this Agreement.
receivership, or similar proceeding against any commercial
account debtor or other obligor of Borrower; (x) prepare, file, and
Initials:
sign Borrower's name on any notice of lien, assignment, or
h. No information furnished by or on behalf of Borrower
satisfaction of lien or similar document in connection with any
(including but not limited to facts, figures, and
Eligible Purchase Orders; (xi) change the address for delivery of
representations given) contains or shall contain any
Borrower's mail to such address as Lender may designate and to
untrue statement of, or omit any, material fact.
receive, open, and dispose of such mail; and (xii) do all other acts
and things reasonably necessary to carry out the terms of this
Borrower acknowledges that it has not provided any
Agreement and to preserve, protect, or enforce Lender's rights
false infirmatio to Lender.
with respect to the Collateral.
Initials:
Borrower ratifies and confirms all acts and deeds lawfully done
The foregoing acknowledgments are not intended to be, and shall
by Lender pursuant to the foregoing powers of attorney. Borrower
not be construed as, an exhaustive list of all potential breaches of
further agrees to reimburse Lender on demand for any
this Agreement. For the avoidance of doubt,
each
documented payment made or any out-of-pocket expense incurred
by Lender in connection with any of the foregoing; provided that,
this authorization shall not relieve Borrower of any of its
LEGALIST_000004
claimallegation
Default triggers include false information, covenant breach, insolvency/receiver events, cross-default, tax liens and government-contract te
Default triggers include false information, covenant breach, insolvency/receiver events, cross-default, tax liens and government-contract termination. Contractual remedies include notice-based acceleration, further default interest, costs and indemnity subject to lender gross-negligence/fraud limits; ordinary termination requires 120 days and does not release unpaid security.
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2163
Docusign Envelope ID: A39AB0EF-BE15-4B0B-8FEF-542FC1B5F558
obligations under this Agreement. In no event will Lender have
Borrower retains or converts moneys properly due to
any liability to Borrower for lost profits or other special or
Lender, including failing to repay all
consequential damages relating to the foregoing or otherwise.
outstanding hereunder on an Advance Maturity Date, the
TERMINATION BY LENDER
Facility Maturity Date, and/or when otherwise due
hereunder;
21.
An "Event of Default shall be deemed to have occurred
and be continuing if:
Borrower acknowledges that it shall not misappropriate
a.
Borrower makes any false, misleading, or untrue
any unes Mul So Lender.
representation or warranty in connection herewith or
Initials:
fails to comply with any covenant or agreement herein;
Any guarantor of Borrower's obligations to Lender fails
Borrower acmowledges that it shall not provide any
to perform or observe any obligation to Lender or
notifies Lender of an intention to rescind, modify,
false informatra to Lender.
terminate or revoke any guaranty, or any such guaranty
Initials:
ceases to be in full force and effect for any reason
b.
Borrower makes a general assignment for the benefit of
its creditors other than Lender or commences or has
Borrower acknowledges that any breach by a guarantor
commenced against it any proceeding under any title 11
is a defal hergunder.
of the United States Code or any similar law existing for
the relief from creditors;
Initials:
Borrower knowledges that it shall not file any
i.
A federal, state, or local tax lien is filed against the
Borrower, its principals, or any Collateral;
bankrup energeeding.
Initials:
Borrower admowledges that it shall not cause any tax
liens to be against it or its principals.
A receiver or trustee is appointed for Borrower, or any
proceeding is instituted for the dissolution or full or
Initials:
partial liquidation of Borrower;
Borrower fails to timely furnish Lender with full
Borrower acknowledges that it shall not cause any
financial statements as required in Section 3(c)
hereinabove; or
proceeding Piled leading to liquidation of its assets.
Initials:
Borrower ackhowledges that it shall provide full
financial sta arats in timely fashion.
d. A sale or transfer is effected of Borrower in one or a
series of related transactions of 50% or more of the
Initials:
interests of Borrower without the prior written approval
Borrower defaults under any other agreement or
of Lender;
instrument under which Borrower owes or guarantees
Borrower actowledges that it shall not sell a majority
payment or performance.
of the compafy without Lender's prior approval.
Borrower acknowledges that a default under any of its
Initials:
other agrees is a default hereunder.
e. Any change occurs in Borrower's business or business
Initials:
structure, expressly including its ownership or financial
1.
Any of Borrower's contracts with any Government
condition or there occurs any dispute between its
Account Debtor are terminated.
principals/managers/officers, any of which (in Lender's
sole and absolute discretion) causes Lender to deem
Borrower ackhowledges that termination of any contract
itself insecure;
is grounds oftefault hereunder.
Borrower-acknowledges that it shall not change any
Initials:
material asper of its business structure.
The foregoing acknowledgments are not intended to be, and shall
Initials:
not be construed as, an exhaustive list of all potential Events of
Default. For the avoidance of doubt, each acknowledgment is in
f. Any subordination agreement whereby any indebtedness
addition to, and not in lieu of, any Events of Default under this
of Borrower to any third party is subordinated to
Section 21.
Borrower's obligations to Lender is amended without the
prior written consent of Lender or is breached or
Borrower shall provide Lender immediate written notice of the
repudiated in any manner by Borrower;
occurrence of any Event of Default.
Borrower acknowledges that it shall not amend any
After an Event of Default, Lender may suspend or terminate
subordinations agreement without Lender's prior
Lender's obligations to make advances and/or render other
approval
services hereunder upon notice of termination to Borrower, after
MDS
which all Advance Maturity Dates and the Facility Maturity Date
Initials:
shall be deemed to have occurred and Borrower shall be obligated,
without further demand, protest, or notice of any kind, to pay
LEGALIST_000005
claimallegation
Agreement addresses insurance/tax duties, notices and assignment, applies New York law and exclusive venue, and invokes CPLR 3213 with a pay
Agreement addresses insurance/tax duties, notices and assignment, applies New York law and exclusive venue, and invokes CPLR 3213 with a payment defence retained. Brian T. Rice signs for Legalist and Mark D. Schmidt for Cyberlux/Datron; the signature page describes Cyberlux's organisation as North Carolina and Datron's as California.
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immediately to Lender the full amount of its outstanding
related fees, costs, and expenses, expressly including legal
obligations hereunder. Upon the occurrence of an Event of
expenses awarded against or incurred by any of them arising out
Default, Lender may take all steps necessary or desirable to
of or relating to the transactions hereby contemplated, in any way
collect such amount, expressly including those in Section 15.
whatsoever. Notwithstanding the above, Borrower shall not
After an Event of Default, Borrower, its successors or assigns,
indemnity if Lender, its affiliates (expressly including Legalist,
shall be chargeable with and agrees to pay all costs of collection
Inc.), or their respective directors, officers, investors, partners,
and defense, including attorneys' fees and costs, actually incurred
employees, or agents have committed gross negligent or
by Lender, all of which shall accrue interest at the rate specified
fraudulent acts in connection with this Agreement.
in Section 22 herein below, through the date of repayment in full.
NO WAIVER
From the occurrence of an Event of Default until
Borrower's repayment in full of its obligations hereunder, any
The failure of Lender or Borrower to enforce any
outstanding obligation shall accrue incremental interest of 4.75%
provision hereof, or the failure to exercise any right hereunder,
per year, which shall (in addition to the interest rate provided in
shall apply only in the particular instance and shall not operate as
Section 9.2 and any and all other amounts outstanding) compound
a continuing waiver of rights. To the maximum extent permitted
and be capitalized monthly.
under applicable law, Borrower hereby irrevocably waives any
and all rights and remedies now or hereafter conferred by statute
In the absence of conditions set forth in Section 21,
or otherwise which may require Lender to (a) take any judicial
Lender may terminate its obligations under this Agreement upon
proceedings in connection with any Collateral or otherwise use
120 days' prior written notice for any reason or no reason, with
any Collateral in mitigation of Lender's damages, (b) proceed
the full amount of Borrower's outstanding obligations hereunder
against any person or entity liable for any obligations as a
becoming immediately due and payable on the effective date of
condition to or prior to proceeding hereunder, or (c) dispose of
sell, or otherwise realize on or collect or apply any personal
This agreement and the security interests hereby granted
property securing any obligation of Borrower, as a condition to or
shall remain in effect until such time as the full amount of
prior to proceeding against Borrower hereunder.
Borrower's outstanding obligations hereunder have been repaid.
INSURANCE REQUIREMENTS
All notices and other communications hereunder shall be
Borrower shall provide Lender with proof of employee
sent by electronic mail and deemed effectively given (i) when
bonding (if required by its Government Account Debtors),
sent, if sent during normal business hours of the recipient or (ii) if
workers compensation, and general liability insurance. Borrower
not sent during normal business hours, then on the recipient's next
shall notify Lender of any changes in insurance and shall ensure
business day. All communications shall be sent to the parties at
that Lender is named on the certificate of insurance list as
the respective email addresses set forth on the signature page (or
certificate holder.
as subsequently modified by written notice given in accordance
with this Section).
INDEMNIFICATION
ASSIGNMENT
Borrower agrees and warrants
circumstances shall its employees be considered employees of
This Agreement shall be binding upon and inure to the
Lender for any purpose or reason. Such employees shall at all
benefit of the parties hereto and their respective heirs,
times be recognized as the employees of Borrower for all
representatives, and successors. Lender may assign its rights and
purposes. Borrower shall, promptly after each pay period as
obligations hereunder upon notice to Borrower; provided that
required, make payments to the Internal Revenue Service for
assignments to an affiliate shall not require prior notice to be
federal taxes, to the applicable state authority for state taxes, and
to any other governmental agency to which any tax or similar
Any attempted assignment by Borrower of its rights or
payment obligation is due with respect to its employees' activities.
obligations under this Agreement without the prior written
Borrower shall cause Lender to be given promptly suitable
consent of Lender shall be null and void ab initio and without
evidence of all such payments.
further effect.
Borrower warrants and covenants that all of its
SEVERABILITY OF PROVISIONS
employees are and shall remain legally entitled to be employed in
the United States and agrees to defend and hold harmless Lender,
33
Each provision hereof shall be severable from every
its affiliates (expressly including Legalist, Inc.), and their
other provision for the purposes of determining
legal
respective directors, officers, investors, partners, employees, and
enforceability of any such provision.
agents for any failure by Borrower to comply with relevant
GOVERNING LAW AND JURISDICTION
immigration, non-discrimination, employment, and/or employee-
benefit laws.
This Agreement shall be governed by, and construed in
accordance with, the laws of the State of New York, without
Without limiting any other rights hereunder or under
regard to its contlict of law principles, and shall be deemed to
applicable law, and without limiting Section 27, Borrower hereby
have been negotiated, executed, and performed exclusively
agrees to indemnify Lender, its affiliates (expressly including
therein. Any dispute, claim, or controversy arising out of or
Legalist, Inc.), and their respective directors, officers, investors,
relating to this Agreement or the breach, termination,
partners, employees, and agents, forthwith upon demand, from
enforcement, interpretation, or validity thereof, shall be brought
and against any and all damages, losses, claims, liabilities, and
exclusively in the state or federal courts located in New York,
LEGALIST_000006
claimallegation
Schmidt's restated guaranty covers the $12.3 m financing with continuing obligations, deferred subrogation, costs and personal security. Sec
Schmidt's restated guaranty covers the $12.3 m financing with continuing obligations, deferred subrogation, costs and personal security. Section 7 limits enforcement to defaults under agreement 21(a) and(g), notwithstanding broad surrounding language. It provides Delaware governing law and New York arbitration; section 19 gives 29 April 2025 restatement and the image bears Schmidt's signature.
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Docusign Envelope ID: A39ABOEF-BE15-4B0B-8FEF-542FC1B5F558
SECOND AMENDED AND RESTATED GUARANTY
heirs, executors, administrators, and successors of Guarantor;
OF FINANCING AGREEMENT
provided this Guaranty may not be assigned without prior
This Second Amended and Restated Guaranty of Financing
written consent of Lender.
Agreement (the "Guaranty") is made effective as of March 27,
Lender may enforce this Guaranty only in the event of
2024, by Mark D. Schmidt (Guarantor), in favor of Legalist
default under Sections 21(a) and (g) of the Agreement without
SPV III, LP ("Lender). Guarantor and Lender are collectively
being first required to proceed against the Company, any other
referred to as "Parties.
party, or any other guarantor (if any) or to attempt to realize on
WHEREAS Lender has agreed to fund Cyberlux
any Collateral (as defined in the Agreement). The Guarantor
Corporation and Datron World Communications, Inc. (each and
shall not be entitled to satisfy this Guaranty by contributing
together, the "Company") the sum of up to $12,300,000 (the
ratably with any other guarantor or by otherwise paying less
"Investment") pursuant to a Second Amended and Restated
than the entire unpaid Indebtedness. Payment under this
Government Purchase Order Financing Agreement among the
Guaranty shall be due immediately upon demand by Lender.
Company and Lender (as in effect from time to time, the
In the event of the death of the Guarantor, the
"Agreement'), which is hereby incorporated by reference
obligation of the deceased hereunder shall continue in full force
and effect against his or her estate as to any Agreement
WHEREAS, as a condition precedent to the Investment,
obligations that shall have been created or incurred by the
Lender requires Guarantor to execute and perform in
Company or committed or promised to Lender in any other
accordance with this Guaranty; and
manner prior to the time when Lender shall have received notice
in writing of such death. The executor or administrator of such
WHEREAS Guarantor desires to induce Lender to make
estate shall be obligated and authorized to pay all Indebtedness
the Investment in reliance on this Guaranty.
and otherwise to satisfy the Company's obligations under the
Guaranty
Agreement.
NOW, THEREFORE, in consideration of the Investment,
9.
This Guaranty is and is intended to be an absolute,
and for other good and valuable consideration, the receipt and
unconditional and continuing guaranty which shall not be
adequacy of which are hereby acknowledged, Guarantor agrees
affected by any act or thing whatsoever except as herein
as follows:
provided, and which shall be independent of and in addition to
any other guaranty, endorsement or collateral held by Lender
1. Lender has agreed to make the Investment subject to the
with respect to the Agreement or Indebtedness. Guarantor
terms and conditions stated in the Agreement.
specifically acknowledges and agrees that, as long as the
Guarantor hereby guarantees full and complete
Company owes obligations under the Agreement, this Guaranty
payment and performance of the Agreement by the Company,
shall remain in full force and effect. The amount guaranteed
including prompt payment of the full amount of Company's
hereby shall continue to be guaranteed notwithstanding prior or
Indebtedness when due thereunder.
subsequent reduction of the Indebtedness by persons or from
sources other than the Guarantor, so long as obligations remain
For purposes of this Guaranty, the term "Indebtedness" means
under the Agreement.
the obligation of the Company to pay all obligations to Lender
10.
TO
thereunder on or before an Advance Maturity Date and/or the
secure Guarantor's obligations hereunder,
Facility Maturity Date (as defined in the Agreement).
Guarantor hereby pledges, assigns, and grants to Lender a
security interest in and to any and all right, title, or interest of
3. This Guaranty shall continue in full force and effect until the
Guarantor, now existing or hereafter acquired, in all Accounts,
Agreement has been fully performed and discharged. The
Chattel Paper, Goods (including Inventory and Equipment),
Guarantor acknowledges that (1) there may be future advances
Instruments, Investment Property, Documents, and General
under, or other amendments and modification to, the
Intangibles, and all Proceeds thereof. Capitalized terms used
Agreement after the date hereof, (ii) the amount of the
but not defined in this Section 10 have the meanings given to
Indebtedness may fluctuate from time to time hereafter, and (iii)
them in the Uniform Commercial Code.
this Guaranty shall remain in force at all times hereafter with
respect to all obligations under the Agreement, without the
Upon the occurrence of a default under the Agreement
necessity of amending or modifying this Guaranty or entering
or hereunder, Lender may, at its option, call on this Guaranty,
into a new or separate agreement with respect thereto.
and, if it is not satisfied in full within three days of notice,
Lender may proceed at any time thereafter to take any action
4. Guarantor agrees not to assert subrogation rights or any other
permitted under the Uniform Commercial Code or other
rights of any kind against the Company, until the Agreement
applicable law.
has been fully performed, and the Guarantor will take no action
Notice to Guarantor should be sent to the email
that may reasonably be expected to, or which does or shall,
impair or limit Lender's ability to recover thereunder.
address set forth opposite Guarantor's signature below.
5. In addition to the Indebtedness, the Guarantor agrees to pay
13.
This Guaranty shall be govered by the laws of the
all costs and expenses incurred by Lender in attempting to
state of Delaware, without regard to any conflict of laws
collect the Indebtedness and in enforcing this Guaranty.
principles.
6. This Guaranty shall inure to the benefit of Lender, its
14.
After an Event of Default, Guarantor, its successors or
successors in interest and assigns and shall be binding upon the
assigns, shall be chargeable with and agrees to pay all costs of
collection and defense, including attorneys' fees and costs,
LEGALIST_000008
claimallegation
Attached borrowing-base certificate, disbursement request and Eligible Purchase Orders schedule are blank forms/placeholders. No completed b
Attached borrowing-base certificate, disbursement request and Eligible Purchase Orders schedule are blank forms/placeholders. No completed borrowing calculation, requested sum or attached eligible contract appears on these pages; blank no-default certifications are not actual submissions.
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Docusign Envelope ID: A39ABOEF-BE15-4B0B-8FEF-542FC1B5F558
Exhibit A
Borrowing Base Certificate
Borrower: Cyberlux Corporation and Datron World Communications, Inc.
Month Ending:
Credit Limit:
$
2.
Previous Balance (Balance from your last monthly loan report):
$
Collections (Any collections from last monthly loan report):
$
Current Funded Contracts/PO (Advance Rate: 50%)
Contract/PO:
1.
Total Amount of Contract/PO:
Outstanding on Contract/PO:
Remaining Availability:
(Line 3(a)(1)(1) - Line 3(a)(i) (2) × Advance Rate)
New Request:
5.
Collections:
iİ.
Contract/PO:
Outstanding on Contract/PO:
2.
Remaining Availability:
New Request:
4.
Collections:
iïi.
Contract/PO:
1.
Outstanding on Contract/PO:
2.
Remaining Availability:
S
3.
New Request:
4.
Collections:
b.
New Contracts/PO
i.
Contract/PO:
1.
Total Amount of Contracts:
2.
Availability:
(Line 3(b)(i)(1) x Advance Rate)
3.
Requested Distribution:
Contract/PO:
LEGALIST 000010
claimallegation
Signed Instrument of Assignment assigns accounts identified in an enclosed notice, covers unpaid amounts, names one assignee, prohibits furt
Signed Instrument of Assignment assigns accounts identified in an enclosed notice, covers unpaid amounts, names one assignee, prohibits further assignment and invokes 48 CFR 32.805. Rice and Schmidt signatures appear; this page alone supplies no actual account schedule or proof of notice delivery.
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Docusign Envelope ID: A39AB0EF-BE15-4B0B-8FEF-542FC1B5F558
Exhibit C
Instrument of Assignment
Reference is made to that certain Government Purchase Order Financing Agreement (the "Agreement'), dated as of March 27, 2024,
between Cyberlux Corporation and Datron World Communications, Inc., as assignor ("Assignor), and Legalist SPV III, LP as assignee
("Assignee). Capitalized terms used but not defined herein have the meanings assigned to them in the Agreement.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee agree as
follows:
1. Assignor hereby collaterally assigns to Assignee all right and title to, and interest in, any account(s) indicated in the enclosed
Notice of Assignment, all rights to payment therefrom, and all proceeds thereof (all as set forth in greater detail in the
Agreement).
2. The parties confirm that this instrument is intended to function as an "instrument of assignment within the meaning of 48
CFR § 32.805.
3. The assignment (a) covers all unpaid amounts; (b) is made only to Assignee; and (c) is not subject to further assignment.
Assignor hereby ratifies its irrevocable appointment of Assignee as its agent and true and lawful attorney in fact for purposes
hereof, including submitting evidence of this assignment to Assignor's contract counterparties.
5. Nothing herein shall supersede or change the Agreement, and both the Agreement and this instrument shall be interpreted
together as one document.
ASSIGNEE:
LEGALIST SOV III, LP
By
Name: Brian T. Rice
:460...
Title: Authorized Signatory
Address: 58 West Portal Ave. #747
San Francisco, CA 94127
Email: receivables@legalist.com
ASSIGNOR:
CYBERLUX CORPORATIOI
hark v. Secumid
Name: Mark D. Schmidt
Title: President and CEO
Address: 800 Park Offices Dr., Ste. 3209
Research Triangle, NC 27709
Email: mschmidt@cyberlux.com
ATRON WORLD COMMUNICATIONS, INC
Mark V. Selemidi
BY B9EẸ73498ĐE446...
*
Name: Mark D. Schmidt
Title:
Address: 995 Joshua Way, Ste. A
Vista, CA 92081
Email: mschmidt@cyberlux.com
* Authorized representative and corporate secretary
LEGALIST 000013
Legalist's 9 March 2026 response claims $13,204,742.88: $10,033,639.75 principal, $2,653,970.84 interest, $112,500 commitment fees, $53,000 forbearance fee, $312,959.79 paid legal fees and $38,672.50 unpaid legal fees. These are creditor computations, not an allowed distribution.
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
RICHMOND DIVISION
HII MISSION TECHNOLOGIES CORP.,
Interpleader Plaintiff,
V.
Civil Action No. 3:25-cv-483-JAG
CYBERLUX CORPORATION, et al.,
Interpleader Defendants/Claimants.
LEGALIST SPY IL, LP'S RESPONSE TO JOINT DISCOVERY PLAN
INTERROGATORY AND REQUESTS FOR PRODUCTION
Interpleader Defendant/Claimant Legalist SPV III, LP (Legalist), provides the following
response to the pre-settlement interrogatory and requests for production providing in the Joint
Discovery Plan (ECF No. 149).
Interrogatory
Explain the nature of your claim to any of the proceeds that are the subject of this
interpleader, including an explanation of: (a) the amount of the proceeds that you claim; (b) the
legal basis for your right to the proceeds; (c) how the amount you claim became a liquidated
amount or, if not liquidated, state so; (d) whether you claim a security interest in, lien on, or
assignment of all or any portion of the proceeds and, if so, provide your claimed priority date and
explain the basis for your security interest, lien, or assignment; (e) whether you claim a right to
interest and, if so, the amount and basis for continuing accrual thereof, if any; (f) whether you
claim a right to attorneys' fees and, if so, the basis therefore and the amount you will claim; and
(g) for any creditor claiming a secured interest, identify the date(s) on which advances were made
to Cyberlux or on its behalf for which any secured interest is claimed.
Response:
(a)
the amount of the proceeds that you claim
Legalist claims $13,204,742.88, comprising of:
• $10,033,639.75 principal
• $2,653,970.84 unpaid interest
• $112,500.00 commitment fee
claimallegation
Legalist describes principal as $6.95 m ordinary advances plus $3,083,639.75 protective advances; it claims 1 April 2024 UCC priority in Nev
Legalist describes principal as $6.95 m ordinary advances plus $3,083,639.75 protective advances; it claims 1 April 2024 UCC priority in Nevada/North Carolina for the 27 March financing and continuing interest. Legal fees total $351,632.29.
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• $53,000.00 forbearance fee
• $312,959.79 paid legal fees and costs
• $38,672.50 unpaid legal fees and costs
(b) the legal basis for your right to the proceeds
On March 27, 2024, Legalist entered into a Second Amended and Restated Government
Purchase Order Financing Agreement (Financing Agreement) with Cyberlux, whereby Legalist
provided a revolving line of credit in the amount of $7,000,000.00 secured by certain collateral,
including accounts receivable. Legalist has advanced $6,950,000 of the principal amount identified
above pursuant to the Financing Agreement. Legalist also advanced $3,083,639.75 pursuant to the
financing agreement at Cyberlux's request in June 2025. The Financing Agreement also provides
for Legalist's right to interest (paragraphs 9.1, 9.2, and 9.9(a)), commitment fees (paragraph 9.4),
forbearance fees (paragraph 9.9(b)), and attorney fees and costs (paragraph 29). Pursuant to the
Financing Agreement, on April 1, 2024, Legalist filed certain financing statements under the
Uniform Commercial Code ("UCC Statements") in Nevada and North Carolina identifying and
perfecting its lien on Cyberlux's assets, including its accounts receivable.
how the amount you claim became a liquidated amount or, if not liquidated,
state so
The full amount claimed is liquidated based on specific sums loaned to or advanced on
behalf of Cyberlux pursuant to the Financing Agreement, plus accrued unpaid interest, fees, and
attorneys' fees and costs.
(a)
whether you claim a security interest in, lien on, or assignment of all or any
portion of the proceeds and, if so, provide your claimed priority date and
explain the basis for your security interest, lien, or assignment
Legalist has a perfected security interest in Cyberlux's assets and accounts receivable,
including all of the subject proceeds. Legalist's secured interest was created on March 27, 2024,
claimallegation
Gonzalez asserts TAG is the only interpleader claimant that actually manufactured and sold goods used in the subcontract. That comparative a
Gonzalez asserts TAG is the only interpleader claimant that actually manufactured and sold goods used in the subcontract. That comparative assertion is his position, not an adjudication of every competing claimant's performance.
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("HII') predecessor in interest and Cyberlux (the "Subcontract') that is the subject of
HIl's First Amended Complaint for Interpleader. ECF 41 at 119 17-30. Indeed, the
drone kit bags were used to package the drones that were manufactured and sold
pursuant to the Subcontract. A true and correct copy of a picture of the drone kit bags
(TAG 0007) is attached hereto as Exhibit 2.
5.
Importantly, TAG is the only claimant to this action that manufactured and sold
anything that is related to the Subcontract.
As set forth in the Contract, the total agreed contract price for the Contract was
$887,900.00. Cyberlux paid a deposit of $150,000 on September 14, 2023. TAG
produced and assembled all 2,100 drone kit bags in full performance of its obligations
under the Contract. TAG then delivered 1,722 of the drone kit bags to Cyberlux's
warehouse in Spring, Texas. The remaining 378 drone kit bags are stored at TAG
pending final payment on the Contract.
As of November 18, 2024, the balance due, including a 1.5% late fee per month on
past due amounts, was $365,049.42. TAG sent multiple demands to Cyberlux for
payment of the remaining balance, but received no response to any of these demands.
The Colorado Action, The Final Judgment, And The Certified Final Judgment
8. Because Cyberlux was in material breach of the Contract at least by December 3,
2024, on March 12, 2025, TAG filed a diversity action against Cyberlux in the U.S.
District Court for the District of Colorado, Case No. 1:25-cv-00805 (the "Colorado
Actionằ_ alleging breach of contract, unjust enrichment, and civil theft under
Colorado law, which provides for treble damages, attorneys' fees, and costs if TAG
prevailed in the Colorado Action. A true and correct copy of the Complaint in the
2
claimallegation
Legalist lists ordinary 2024 advances:9 April $1.8 m;19 April $500,000;2 May $500,000;26 June $142,000;5 July $53,000;16 July $2.5 m;2 Augus
Legalist lists ordinary 2024 advances:9 April $1.8 m;19 April $500,000;2 May $500,000;26 June $142,000;5 July $53,000;16 July $2.5 m;2 August $650,000;27 August $535,000;3 October $150,000 and $120,000. The own image resolves the malformed OCR of the $150,000 entry.
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by the Financing Agreement and perfected on April 1, 2024, when Legalist filed UCC Statements
where Cyberlux is incorporated, Nevada, and where Cyberlux is headquartered, North Carolina.
Va. Code Ann. §§ 8.9A-310, 8.9A-307(b); see also Nev. Rev. Stat. Ann. §§ 104.9310, 104.9307;
N.C. Gen. Stat. §§ 25-9-310, 25-9-307.
(e) whether you claim a right to interest and, if so, the amount and basis for
continuing accrual thereof, if any
Legalist claims interest on the full principle, pursuant to paragraphs 9.1, 9.2, and 9.9(a) of
the Financing Agreement.
(I)
whether you claim a right to attorneys' fees and, if so, the basis therefore and
the amount you will claim
Legalist claims a right to attorney fees and costs, pursuant to paragraph 28 of the Financing
Agreement. For the purposes of the upcoming settlement conference Legalist claims legal fees and
costs of $351,632.29, although this amount will increase if this litigation continues beyond the
settlement conference.
for any creditor claiming a secured interest, identify the date(s) on which
advances were made to Cyberlux or on its behalf for which any secured interest is claimed
All advances Legalist has made to Cyberlux are secured by the UCC Statements with a
priority date of April 1, 2024, when the UCC Statements were filed. Legalist made advances under
the Financing Agreement on the following dates:
• 4/9/2024: $1,800,000.00
• 4/19/2024: $500,000.00
• 5/2/2024: $500,000.00
• 6/26/2024: $142,000.00
• 7/5/2024: $53,000.00
• 7/16/2024: $2,500,000.00
• 8/2/2024: $650,000.00
• 8/27/2024: $535,000.00
claimallegation
Legalist lists 3 June 2025 $2,755,100.10 and 9 June $345,000, explaining that the $3,100,100.10 initial advance less $16,460.35 applied to l
Legalist lists 3 June 2025 $2,755,100.10 and 9 June $345,000, explaining that the $3,100,100.10 initial advance less $16,460.35 applied to legal fees equals $3,083,639.75 protective principal. Response cites LEGALIST 000001–20 and is served 9 March 2026; Exhibit 6 here contains only 000001–14.
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2177
• 10/3/2024: $150.00.00
10/3/2024: $120,000.00
• 6/3/2025: $2,755,100.10
• 6/9/2025: $345,000.00ł
Requests for Production
1. Documents supporting or otherwise concerning your answer to the above interrogatory.
Response:
See the documents produced at Bates Nos. LEGALIST_000001-20.
2.
All documents on which you rely to assert any security interest in, lien on, or assignment
of the proceeds that are the subject of this interpleader.
Response:
See the documents produced at Bates Nos. LEGALIST_000001-20.
Date: March 9, 2026
LEGALIST SPV III, LP
By:
Timothy G. Moore (VSB No. 41730)
tmoore@spottsfain.com
John M. Erbach (VSB No. 76695)
jerbach@spottsfain.com
Christopher W. Bascom (VSB No. 87302)
cbascom@spottsfain.com
Spotts Fain, P.C.
411 E. Franklin Street, Suite 600
Richmond, VA 23219
(804) 697-2065
(804) 697-2165 Fax
Jeff. P Prostok (admitted pro hac vice)
1 The final two entries covered the $3,083,639.75 protective advance Legalist made on behalf of
Cyberlux. Legalist initially advanced $3,100,100.10, and the $16,460.35 difference was applied to
its legal fees.
[Own-image correction: first entry reads 10/3/2024: $150,000.00; next $120,000.00. June entries are $2,755,100.10 and $345,000.00, with footnote explaining $16,460.35 applied to fees.]
claimallegation
AW and Secure Community jointly respond on 9 March 2026, describing AW as SC's sole owner and their claims as the same obligation rather tha
AW and Secure Community jointly respond on 9 March 2026, describing AW as SC's sole owner and their claims as the same obligation rather than additive recoveries. They trace the debt to intellectual-property acquisition and the 15 June 2023 settlement, with a separate contingent stock claim.
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
HII MISSION TEHNOLOGIES CORP.,
Interpleader Plaintiff,
Case Number: 3:25cv483
ATLANTIC WAVE HOLDINGS, LLC, et al.,
Interpleader Defendants/Claimants.
RESPONSE TO INTERROGATORY NUMBER 6
Comes now your Interpleader Defendants, Atlantic Wave Holdings, LLC and Secure
Community, LLC, (jointly as "A WH') and in Response to Interpleader Defendant Cyberlux
Corporation's ("CYBL') Interrogatory number 6 under the Joint Discovery Plan, hereby answers
as follows:
Interrogatory:
6(a). Explain the nature of your claim to any of the proceeds that are the subject of this
interpleader, including an explanation of (a) the amount of the proceeds that you claim;
AWH is a Virginia limited liability company AWH is the sole owner of your Co
Interpleader Defendant, Secure Community, LLC ("SC'). Accordingly, while each a party, A WH
and SC have the same claims and are not independent of one another seeking a double recovery.
2.
AWH and SC initiated a claim against CYBL and Mark Schmidt, individually, in
the Richmond Circuit Court as CL22-3882 based CYBL's breach of an acquisition agreement,
requiring CYBL to 1) pay AWH certain monetary sums and 2) to provide Marketable Trading"
CYBL stock.
3.
Following extended litigation, the parties entered into a settlement agreement ("the
Settlement Agreemenằ_ dated June 15, 2023, in which CYBL and Schmidt agreed inter alia to
make a series of payments to AWH and SC and, notably, to bring the CYBL stock marketable
by a certain date. The Settlement Agreement is produced as Exhibit A.
claimallegation
AW/SC say the first judgment/related collection was fully satisfied, including $1,444,543.11 garnishment proceeds and $952,601.71 principal/
AW/SC say the first judgment/related collection was fully satisfied, including $1,444,543.11 garnishment proceeds and $952,601.71 principal/fees plus Texas costs. Their separate later stock-related $6 m claim remains asserted; satisfaction of the original case is not a release of every later claim.
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2183
10.
The Garnishment in Fairfax is referred to by HII as, in part, a basis for this
Interpleader. See First Amended Complaint, paragraphs 50-55.
11.
AWH and SC also domesticated the Virginia judgment (CL22-3882) in Harris
County Texas where Cyberlux had a drone assembly facility.
12. Upon the domestication of the Virginia Judgment in Texas, Robert Berleth, Esquire was
appointed as a Receiver for Cyberlux by Order entered in Harris County TX in Cause No.
202448085. The Order of Receivership is attached as Exhibit 11 to the First Amended
Complaint.
13.
The Order of Appointment granted broad powers to Berleth including the grant of
power over all causes of action. See First Amended Complaint, Exhibit 11, Order, Paragraph
25(1).
14. Meanwhile, CYBL, also failed to provide "Marketable Trading" stock as required,
and as required by paragraph 2(e) of the Settlement Agreement (the "Stock Claim").
15. CYBL stock, if it had been properly administered as required by the Settlement
Agreement, would have had significant value on or before October 2021, and was additional
consideration for the Settlement Agreement.
16. Paragraph 2(e) of the Settlement Agreement reserved the right in AWH and SC to
re-file a Complaint to enforce its rights under the Stock Claim upon breach.
17. Based on the breach, AWH and SC filed a Complaint to enforce its rights under the
Stock Claim in Richmond Circuit Court which is pending and is filed as CL 24-3910.
18. Berleth, as part of his duties as Receiver, evaluated the Stock Claim advanced by
AWH and SC and compromised the figure with AWH and SC to a reduced liquidated figure of
$6,000,000.00, plus attorney fees and cost.
claimallegation
AW/SC claim $6 m plus $25,250.50 fees and $352.92 costs, six-percent interest/$986.30 per day from 5 February 2026, and 6 July 2023 priority
AW/SC claim $6 m plus $25,250.50 fees and $352.92 costs, six-percent interest/$986.30 per day from 5 February 2026, and 6 July 2023 priority. Their account refers to 18 December 2023 liquidation and 2 February 2026 reaffirmance in places, while attached entered orders show 18 December 2025 and 5 February 2026.
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2184
19.
Berleth and A WH entered a Settlement Agreement (the Receiver Agreement) to
be produced as Exhibit D.
20.
The Receiver Agreement provided for entry of a Consent Judgment in CL 24-3910
which was entered by the Richmond Circuit Court on December 18, 2025, providing for
judgment in the principal amount of $6,000,000, attorney's fees of $25,250.50 costs, and 6%
interest from the date of judgment (the "Consent Order"). To be produced as Exhibit E.
21. The Consent Order ratified the Settlement Agreement as valid, and further ruled
that the Order of Receivership had been properly recorded in the City of Richmond, without
objection.
22.
In Fairfax, HII, as garnishee had implead the sum of $1,444,543.11 based upon
AWH's garnishment referred to herein at paragraph 9.
23.
The Fairfax Court ordered the payment of $952,601.71 to AWH as principal and
attorney's fees for the Virginia judgment but ruled that it had no jurisdiction to determine fees
for collection activity outside of Virginia as provided by the Settlement Agreement.
24. Since that ruling, AWH has petitioned the Harris County court for reimbursement
of its remaining fees incurred in the Texas action which has been granted by the court and paid
to AW. The Texas enforcement action is therefore being non-suited and an order has been
submitted. AW and SC have agreed that the underlying case CL23-3882 which was pending in
the Circuit Court of the City of Richmond has been fully satisfied.
25.
Accordingly, the claim advanced by AWH and SC against the Disputed Funds are
as follows:
Reasonable Attorney's fees necessitated by this Interpleader pursuant to the Settlement
Agreement at paragraph 19.
The Consent Judgment principal amount $6,000,000
$25,250.50 attorney fees
claimallegation
The 15 June 2023 settlement traces an 8 October 2021 IP acquisition and 24 September 2021 Strikepoint consultancy. It states $1.2 m less $27
The 15 June 2023 settlement traces an 8 October 2021 IP acquisition and 24 September 2021 Strikepoint consultancy. It states $1.2 m less $277,500 paid leaves $922,500 for IP, plus $650,000 consultancy, producing the $1,572,500 judgment framework. Nondischargeability is qualified by the fullest extent permitted by law.
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Cyberlux Settlement Agreement Final
002 - 1pdf
file: C: lisers willu Downlaaas:Cy berlux Settlement_Agreement...
EXHIBIT
SETTLEMENT AGREEMENT
This Senlement Agreement (theiAgreement") is made as of this 15thth day of June 2023,
by nd between ATLANTIC WAVE HOLDINGS. LLC. SECURE COMMUNITY, LLO
(collectively, "Plaintiffs"), CYBERLUX CORPORATION AND MARK D. SCHMIDT
(collectively, Defendants). and STRIKEPOINT CONSULTING, LLC ("Strikepoint") a
separate party with some common interest holders to the Plaintifts. Plaimifts, Defendants, and
Strikepoint shall collectively be referred to as the Parties to this Agreement" and Plaintiffs and
Defendants shall collecuvely be referred to as "Parties to the Litigation.
RECITALS
WHEREAS, Plaintiffs and Defendants entered into an agreement on October 8, 2021,
which compensated Plaintiffs for the reacquisition by Defendant Cyberlux of certain intellectual
property in exchange for certain installment payments of fixed liquidated sums by Defendants to
Plaintiffs and Freely Trading stock. which had fallen into arrears ("the IP Agreement):
WHEREAS, on September 24, 2021. an agreement was executed between an entity
described as "Strikepoints Consulting. LLC" and Defendant Cyberlux Corporation for certain
consulting services (theiStikepoint Consulting Agreement"), which called for, inter alia,
installment payments of fixed liquidated sums owed by Defendants to Plaintiff, which also fell into
arrears:
WHEREAS, Plaintiffs filed its Complaint for breach of said agreements in the Circuit Court
of the City of Richınond, Virginia (the "Courti), against Defendants in the civil action titled,
Atlantic Wave Holdings, LEC and Secure Community, LLC V. Cybertus Corporation and Mark D.
Schmidt (Case No. CL22-3882) (the "Litigation"]. which remains pending:
WITEREAS. the Parties to this Agreement desire to resolve and settle any and all existing
disputes between the Plantifts and Defendants and between Strikepoint and Defendants to
climate uncertainty and facilitate finat resolution of their respective relationships between the
parties; and
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claimallegation
The 2023 settlement permits a new stock complaint if Pink/caveat compliance is not restored by 31 December 2023, with a reasonable extension
The 2023 settlement permits a new stock complaint if Pink/caveat compliance is not restored by 31 December 2023, with a reasonable extension and no res judicata/estoppel defence under the agreement. Sanctions of $3,895 and $6,842.50 are due within 21 days.
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Cyberlux Settlement_AFreement Final 002
file://C: Users/willw/Downloads/Cyberlux_Settlement_Agreement...
Balance of Consulting Vorcement: The parties agree to terminate
and resolve any disputes arising out of the Strikepoint Consulting Agreement for
consideration of: SIX HUNDRED FIFTY THOUSAND DOLLARS (S650,000), is
the balance due and owing for installment payments under the Consulting
Agreement between the partics.
Total Value of the Consent Judgment: The total liquidated sum
that shall be due and owing to Plaintiffs under the parties' Consent Judgment shall
be ONE MILLION FIVE HUNDRED SEVENTY-TWO THOUSAND AND
FIVE HUNDRED DOLLARS ($1,572.500), plus Plaintiffs' costs as defined in
4(d) (theạSeulement Consideration"). which is the sum of the outstanding
installment payments oming in the IP Agreement, the Strikepoint Consulting
Agreement, and Plaintiffs' costs as appropriately allocated between Plaintiffs and
Strikepoint below.
d. Effect of Consent Judument: The Consent Judgment shall be
promptly entered tomtly and severally against Defendants and in favor of Plaintiffs
in exchange for payment of the full Settlement Consideration. which shall resolve
the above styled matter. The parties agree that the Consent Judgment shall not be
dischargeable, including by appeal or bankruptcy, in any manner other than by
agreement of the parties, to the fullest extent permissible under the law,
Stock. Notwithstanding the foregoing, the parties agree that entry of
the Consent Judgment awarding FINAL judgment in favor of Plaintifts and against
Defendants shall resolve the pending Litigation. Notwithstanding entry of a Final
Order. the parties herby agree that it the Cyberlux stock is not brought to current
"Pink Status and the Caveat Emptor legend and restriction is not remedied and
removed on or before December 31. 2023. Plaintifts shall have the option. at their
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claimallegation
The agreement specifies an initial $150,000 payment tied to execution/judgment/revenue with a 45-day cap; AW instalments are 36 times $21,45
The agreement specifies an initial $150,000 payment tied to execution/judgment/revenue with a 45-day cap; AW instalments are 36 times $21,459 and Strikepoint 36 times $18,055.56. Drone receipts can accelerate payments up to $5,000 per drone within 21 days; ordinary fees are capped at 12%/$188,700, excluding breach fees.
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Cyberlux_Settlement_Agrecment Final 002 - 1 pdf
file://C: Users/willw/Downloads/Cyberlux_Settlement_Agreement...
sole discretion, to re-file a new complaint related to the breach by Defendants to
create "Negotiable Shares" as that breach is alleged and defined in the Complaint,
without Defendants asserting a defense of res judicata or collateral estoppel.
Plaintiffs recognize that matters can be delayed at no fault of a party and to that end
shall consider an extension of the aforementioned deadline (December 31, 2023)
upon the showing of credible evidence to do so, for an extension period to be
decided at the reasonable discretion of Plaintiffs.
3.
Compliance with Court Orders dted December 13. 2022 & April 7. 2023,
Within tventy-one (21) days of execution of this Agreement. Defendants shall pay the sanctions
of S3,895.00 and S6.842.50. as provided by the Court's Orders in the Litigation.
How the Settlement Consideration Shall be Paid. The Sculement Consideration
shall be paid by Defendant to Plaintiff as follows:
First Settlement Pavment: Within thirty (30) days after the
simultaneous exccution of this Agreement, and entry of the Consent Judgment, and
the receipt by Cyberlux of its first installment payment for the anticipated sale of
drones or other revenue whichever occurs last. but in no event more than forty-five
(45) days from the execution of this Agrecment. Defendants shall transmit to
Plaimift, by wire transmission. the non defcasible sum of One Hundred Fifty
Thousand Dollers ($150.000) (the "First Settlement Payment). The delivery of the
First Senlement Payment shall require the actual receipt of the Settlement Payment
by Plaintiffs as set forth herein. Time being of the essence.
b.
Monthly Installments Thereafter to Plaintiffs: Defendants shall
transmit to Plaintiffs, by wire transmission thirty-Six (36) non-defeasible monthly
payments of TWENTY-ONE THOUSAND FOUR HUNDRED AND FIFTY-
NINE DOLLARS ($21.459.00) payable on the first day of each month, beginning
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claimallegation
The 2023 settlement requires wire payments and satisfaction filings within 10 business days of completion. Cyberlux/Schmidt release immediat
The 2023 settlement requires wire payments and satisfaction filings within 10 business days of completion. Cyberlux/Schmidt release immediately, while claimant releases are conditioned on first payment. Other parties are not released; security and access to contract/payment information are retained subject to restricted-information exceptions.
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Cyberlux Settlement Agreemen Final
002 -1.pdf
file: C: Users: willw/Downloads Cyberlux Settlement_Agreement...
THOUSAND SEVEN HUNDRED DOLLARS (S188.700). The CAP does not
apply to restrict or limit Plaintifts ability to pursue costs and attorney's fees should
Defendants breach this Agreement. This obligation shall be added to the total
balance due specified in section Zibt above and paid to Strikepoint.
Manner of Pavment: All payments shall be wired to Plaintiffs and
to Strikepoint. Information and Instructions for completing the wire transfer shall
be provided to Defendants' Counsel upon execution of this agreement. Plaintiff
may change its payment instructions from time to time by providing written notice.
Effect of Full Pavment: Upon payment of all sums due and owing
herein, the Judgment entered herein shall be marked Satisfied.
No Other Beneficiary: The payment of funds herein shall not
operate to release any other pany, other than the Parties to this Agreement. as set
forth below. Nor shall the dismissal of any claim herein inure to the benefit of any
party who is not a Party to this Agrcement.
Notice of Satisfaction. Within ten (10) business days of Plaintiff receiving the
complete Settlement Consideration and satisfactions of all tenns hercin, Plaintiff shall file a Notice
of Satisfaction, pursuant to Va. Code Ann. § 16.1-94.01.
Mutual Release of All Claims. Immediately upon endorsement of this Agreement,
except for the obligations expressly set forth herein and any claims or actions for breach or
entorcement of this Agreemen. Défendants Cyberlux Corporation and Mark D. Schmidt,
individually, hereby relcase any and all causes of action, claims, counterclaims, or demands,
present or future, known or unknown, asserted or unasserted, against Plaintiffs or any of Plaintiffs'
members, officers, agents, counsel, employees, and affiliates arising or accruing from the
beginning of time and up to and including the date of this Agreement, including all claims based
upon or in any way relating to the IP Agreement, the Strikepoint Consulting Agreement, Plaintiffs'
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claimallegation
The 2023 settlement preserves stock rights, requires good-faith financial/OTC work, and sets confidentiality/nondisparagement protections wi
The 2023 settlement preserves stock rights, requires good-faith financial/OTC work, and sets confidentiality/nondisparagement protections with 14-day cure provisions and collection/defence exceptions. Nondisparagement runs through 31 December 2023. Breach remedies include uncapped fees, records within 10 days with 3-day cure, and Richmond/Virginia forum terms.
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2195
Cyberlux Settlement Agreement_
Final
002 - 1pdi
file: :C: I sers/will Downloads/Cyberlux_Settlement_Agreement...
EmptorẠạirestriction) and will continuc to usc any and all reasonable efforts to maintain compliance
at all times.
10
Financial Statements: Defendants hereby represent that any Financial Statenients
published or produced hereunder or publicly filed which Plaintift has relied upon in entering into
this Agreement. have been prepared in good faith and in accordance with OTC standards and are
materially truc and accurate.
OTC Markets: Defendants hereby represent that Defendants are using any and all
reasonable efforts to resolve all issues with OTC Markets that is causing the OTC Markets to issue
its cheat emptor restriction and will continue to use any and all reasonable efforts to have the
Caveat Emptor restriction currently imposed by OTC Markets removed so that the stock will be
returned to 'Pink Current" as soon as reasonably possible.
12.
Stockhølders" Riøhts: 'The parties agrec that this agreement shall not affect
Plaintiff s rights as stockholders in any manner going forward.
13.
Confidentiality of Settlement Terms and Discovers Information. The terns and
circumstances of this Agreement, and all documents and information disclosed in the Litigation,
are completely confidential between the Partics and shall not be disclosed to anybody else. Any
disclosure or violation shall be deemed a breach of this Agreement. If a Party discloses confidential
information in material violation of this paragraph, then, following written notice to such Party
summarizing such violation and such Party's failure to cure such material violation within fourteen
(14) days of receiving such notice. then such Party may be deemed to have breached this
Agreement. If a breach is to occur, notwithstanding the foregoing. Plaintiffs shall be entitled to
use any information recerved in the Lungation if necessary to collect sums owing under this
Agreement and/or to defend against any claims of breach, and Defendants shall be entitled to use
such information to defend against any claims of breach, though reasonable efforts will be made
to keep such information private.
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claimallegation
TAG says the unpaid balance was $365,049.42 on 18 November 2024, including 1.5% monthly late fees; collection attempts failed. Gonzalez says
TAG says the unpaid balance was $365,049.42 on 18 November 2024, including 1.5% monthly late fees; collection attempts failed. Gonzalez says neither Cyberlux nor HII had paid the remaining debt by his declaration.
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2136
("HII') predecessor in interest and Cyberlux (the "Subcontract') that is the subject of
HIl's First Amended Complaint for Interpleader. ECF 41 at 119 17-30. Indeed, the
drone kit bags were used to package the drones that were manufactured and sold
pursuant to the Subcontract. A true and correct copy of a picture of the drone kit bags
(TAG 0007) is attached hereto as Exhibit 2.
5.
Importantly, TAG is the only claimant to this action that manufactured and sold
anything that is related to the Subcontract.
As set forth in the Contract, the total agreed contract price for the Contract was
$887,900.00. Cyberlux paid a deposit of $150,000 on September 14, 2023. TAG
produced and assembled all 2,100 drone kit bags in full performance of its obligations
under the Contract. TAG then delivered 1,722 of the drone kit bags to Cyberlux's
warehouse in Spring, Texas. The remaining 378 drone kit bags are stored at TAG
pending final payment on the Contract.
As of November 18, 2024, the balance due, including a 1.5% late fee per month on
past due amounts, was $365,049.42. TAG sent multiple demands to Cyberlux for
payment of the remaining balance, but received no response to any of these demands.
The Colorado Action, The Final Judgment, And The Certified Final Judgment
8. Because Cyberlux was in material breach of the Contract at least by December 3,
2024, on March 12, 2025, TAG filed a diversity action against Cyberlux in the U.S.
District Court for the District of Colorado, Case No. 1:25-cv-00805 (the "Colorado
Actionằ_ alleging breach of contract, unjust enrichment, and civil theft under
Colorado law, which provides for treble damages, attorneys' fees, and costs if TAG
prevailed in the Colorado Action. A true and correct copy of the Complaint in the
2
claimallegation
The 2023 signature page bears Charles Watts Jr as special counsel for Cyberlux and Schmidt, Schmidt individually and for Cyberlux, William W
The 2023 signature page bears Charles Watts Jr as special counsel for Cyberlux and Schmidt, Schmidt individually and for Cyberlux, William Welter for AW/SC and Strikepoint, and Cheri Nolan for Strikepoint. Visible dates are 15 June 2023; presence of signatures does not independently determine counsel's broader authority in other matters.
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IN WITNESS WHEREOF, and intending to be legally bound, the Parties hereto set
their hands and seals.
Date: 06/15/2023
Theres Watts. Ir, in his canci
• Special Counsel
for Cyberlux Corporation and Vark D. Schmidt
Most D. Schnite
Dare: 06/15/2023
Mark D. Schmidt, individually and on behalf of
Cyberlux Corparation, as its President
Datt
Dale: June 15, 2023
William Welter. as a Managing Director of
Atlantic Wave Holdings, LLC and Secure Community. LLC
STRIKEPOINT CONSULTING, LLÇ
Dale: 6/15/2623
Cheri Nolan. CF1) and Pressient of Strikepout (onsulting. I.
William Welter. Managing Director of Strikepoint Consulting, LLC
Dale: June 15,2027
[Own-image transcription of material signature capacity: Charles Watts, Jr., in his capacity as Special Counsel for Cyberlux Corporation and Mark D. Schmidt. Signatures of Schmidt, Welter and Cheri Nolan are present; dates read June15,2023.]
claimallegation
North Carolina filing 20230084472 C is stamped 6 July 2023 at 9:24 am, names Schmidt/Cyberlux debtors and AW plus SC as secured parties, and
North Carolina filing 20230084472 C is stamped 6 July 2023 at 9:24 am, names Schmidt/Cyberlux debtors and AW plus SC as secured parties, and describes broad assets, drone-related IP and Catalyst subsidiary interests. It is a filing record, not a priority judgment.
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2200
File Number: 20230084472C
Date Filed: 7/6/2023 9:24:00 AM
Elaine F. Marshall
NC Secretary of State
UCC FINANCING STATEMENT
FOLLOW INSTRUCTIONS
A. NAME & PHONE OF CONTACT AT FILER (optional)
EXHIBIT
Arlington Law Group
B. E-MAIL CONTACT AT FILER (optional)
B-1
elemmer@arlingtonlawgroup.com
C. SEND ACKNOWLEDGMENT TO: (Name and Address)
Arlington Law Group
1739 Clarendon Boulevard
Arlington, VA 22209
J
THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY
1. DEBTOR'S NAME: Provide only one Debtor name (1a or 1b) (use exact, full name; do not omit, modify, or abbreviate any part of the Debtor's name); if any part of the Individual Debtor's
name will not fit in line 1b, leave all of item 1 blank, check here
and provide the Individual Debtor information in item 10 of the Financing Statement Addendum (Form UCC1Ad)
1a. ORGANIZATION'S NAME
OR 1b. INDIVIDUAL'S SURNAME
FIRST PERSONAL NAME
ADCITIONAL NAME(S)/INITIAL(S)
Schmidt
SUFFIx
Mark
1c. MAILING ADDRESS
D.
CITY
STATE
POSTAL CODE
COUNTRY
800 Park Offices Drive, Suite 3209
Research Triangle Park
NC
27709
USA
2. DEBTOR'S NAME: Provide only gne Debtor name (2a or 2b) (use exact, full name; do not omit, modify, or abbreviate any part of the Debtor's name); if any part of the Individual Debtor's
name will not fit in line 2b, leave all of Item 2 blank, check here
and provide the Individual Debtor information In Item 10 of the Financing Statement Addendum (For UCC1Ad)
2a. ORGANIZATION'S NAME
Cyberlux Corporation
OR 2b. INDIVIDUAL'S SURNAME
FIRST PERSONAL NAME
ADDITIONAL NAME(S)/INITIAL(S)
SUFFIX
2c. MAILING ADDRESS
CITY
STATE
POSTAL CODE
COUNTRY
800 Park Offices Drive, Suite 3209
Research Triangle Park
INC
27709
JUSA
3. SECURED PARTY'S NAME (or NAME of ASSIGNEE of ASSIGNOR SECURED PARTY): Provide only pne Secured Party name (3а or 3b)
3a ORGANIZATION'S NAME
Atlantic Wave Holdings, LLC
OR 36. INDIVIDUAL'S SURNAME
FIRST PERSONAL NAME
ADDITIONAL NAME(SM/INITIAL(S]
| SUFFIX
Эc. MAILING ADDRESS
CITY
STATE
POSTAL CODE
COUNTRY
11 S. 12th Street
4. COLLATERAL: This financing statement covers the following collateral:
All of each Debtor's right, title and interest, whether now owned or hereafter acquired, in all of
such Debtor's assets, including without limitation (i) any and all inventory (including without
instruments,
limitation relating to drones), equipment, accounts, chattel paper, contractual rights,
letter-of-credit rights, letters of credit, documents, deposit accounts, money,
intellectual property (including without limitation relating to drones), general intangibles,
accounts receivable and other rights to payment and performance, (ii) any and all furniture,
fixtures, attachments, accessions, accessories, fittings, tools, parts,
supplies and commingled
goods relating to any of the foregoing property, (iii) any and all additions, replacements of and
substitutions for all or any part of any of the foregoing property,
proceeds relating to any of the foregoing property, (v) any and all goodwill relating to any of
(iv) any and all insurance
the foregoing property, and (vi) in the case of Debtor Cyberlux Corporation, all subsidiaries of
such Debtor, including without limitation Catalyst Machineworks, LIC.
5. Check only if appicable and check goly one box: Collateral Is held In a Trust (sae UCC1Ad, Hem 17 and Instructions)
6a. Check only if applicable and check only one box:
being administered by a Decedent's Personal Representative
Public-Finance Transaction
6b. Check only if applicable and check only one box:
Manufactured-Home Transaction
A Debtor is a Transmiting Utility
Agricultural Lien
• Non-UCC Fling
7. ALTERNATIVE DESIGNATION (If applicable): Lessee/Lessor
Conalanee/Consignor
Bailee/Bailor
8. OPTIONAL FILER REFERENCE DATA:
L Licensee/Licensor
FILING OFFICE COPY - UCC FINANCING STATEMENT (For UCC1) (Rev. 04/20/11)
Intemational Association of Commercial Administrators (IACA)
claimallegation
California filingU 230074215520 is dated 20 October 2023, with 6:58 am filing time and 2028 lapse in the acknowledgment. Collateral specific
California filingU 230074215520 is dated 20 October 2023, with 6:58 am filing time and 2028 lapse in the acknowledgment. Collateral specifically includes tactical communications, Spectre H/M/V technology and Datron interests. Two acknowledgment pages repeat the same filing, not two separate liens.
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Document 165-1
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2202
U230074215520
STATE OF CALIFORNIA
Office of the Secretary of State
EXHIBIT
For Office Use Only
-FILED-
1500 11th Street
California Secretary of State
Sacramento, California 95814
No.: U230074215520
(916) 653-3516
Date Filed: 10/20/2023
Submitter Information:
Contact Name
Eric M. Lemmer, Esq.
Organization Name
Arlington Law Group
Phone Number
(703) 842-3025
Email Address
elemmer@arlingtonlawgroup.com
Address
1739 CLARENDON BOULEVARD
ARLINGTON, VA 22209
Debtor Information:
B2192-3038 10/20/2023 6:59 AM Received by California Secretary of State
Debtor Name
Mailing Address
Mark D. Schmidt
800 Park Offices Drive
Suite 3209
Research Triangle Park, NC 27709
Cyberlux Corporation
800 Park Offices Drive
Suite 3209
Research Triangle Park, NC 27709
Secured Party Information:
Secured Party Name
Mailing Address
Atlantic Wave Holdings, LLC
11 S. 12th Street
Richmona, VA 23219
Secure Community, LLC
11 S. 12th Street
Richmond, VA 23219
Indicate how documentation of Collateral is provided:
Entered as Text
Description:
All of each Debtor's right, title and interest, whether now owned or hereafter acquired, in all of such Debtor's assets, including
without limitation (i) any and all inventory (including without limitation relating to tactical military communications equipment,
HF communication and software solutions equipment, Spectre H series HF transceivers, Spectre M series multi-band SDR
transceivers and Spectre V series VHF transceivers, as well as all research and development for future technology),
equipment, accounts, chattel paper, contractual rights, instruments, letter-of-credit rights, letters of credit, documents, deposit
accounts, money, intellectual property (including without limitation relating to tactical military communications equipment, HF
communication and software solutions equipment, Spectre H series HF transceivers, Spectre M series multi-band SDR
transceivers and Spectre V series VHF transceivers, as well as all research and development for future technology), general
intangibles, accounts receivable and other rights to payment and performance, (i) any and all furniture, fixtures, attachments,
accessions, accessories, fittings, tools, parts, supplies and commingled goods relating to any of the foregoing property, (iii)
any and all additions, replacements of and substitutions for all or any part of any of the foregoing property, (iv) any and ali
insurance proceeds relating to any of the foregoing property, (v) any and al goodwill relating to any of the foregoing property,
Communications, Inc.
and (vi) in the case of Debtor Cyberlux Corporation, all subsidiaries of such Debtor, including without limitation Datron World
Indicate if Collateral is held in a Trust or is being administered by a Decedent's Personal Representative:
Not Applicable
Select an alternate Financing Statement type:
Not Applicable
Select an additional alternate Financing Statement type:
Not Applicable
Page 1 of 2
claimallegation
Virginia filing 20230706180859 shows 6 July 2023 9:03:16 am; Texas filing 23-0029383626 shows 6 July 2023 9:49 am. Broad drone/Catalyst coll
Virginia filing 20230706180859 shows 6 July 2023 9:03:16 am; Texas filing 23-0029383626 shows 6 July 2023 9:49 am. Broad drone/Catalyst collateral and SC additional-party forms accompany AW claims. Physical 76's Texas filing interrupts the reproduced amended-order page sequence.
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EXHIBIT
- 3
UCC FINANCING STATEMENT
Office of the Clerk
FOLLOW INSTRUCTIONS
Virginla State Corporaton Commission
A. NAME & PHONE OF CONTACT AT FILER (optional)
Filing Number: 20230706180859
Filing Date and Time: 7/6/2023 9:03:16 AM
Eric Moran Lemmer
Total Number of Pages: 2
B. E-MAIL CONTACT AT FILER (optionał)
(Document filed electronically)
elemmer@arlingtonlawgroup.com
C. SEND ACKNOWLEDGEMENT TO: (Name and Address)
Eric Moran Lemmer
1739 Clarendon Boulevard
Arlington, VA 22209 USA
THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY
1. DEBTOR'S NAME: Provide only gne Debtor name (1a or 1b) luse exact full name; do not omit, modify, or abbreviate any part of the Debtor's name); if any part of the Individual Debtor's
name will not fit in line 1b, leave all of Item 1 blank, check here i
and provide the Individual Debtor Infomalion in Item 10 of the Financing Statement Addendum (For UCC1Ad)
1a. ORGANIZATION'S NAME
OR Tb. INDIVIDUAL'S SURNAME
FIRST PERSONAL NAME
ADDITIONAL NAME(S)/INITIAL(S
I SUFFIX
Schmidt
Mark
D.
1c. MAILING ADDRESS
CIY
800 Park Offices Drive Suite 3209
Research Triangle Park
INC
STATE
¡ POSTAL CODE
27709
COUNTRY
USA
2. DEBTOR'S NAME: Provide only one Debtor name (2a or 2b) (uss exact, full name; do not omit, modify, or abbrevlate any part of the Debtor's name); if any part of the Individual Debtor's
name will not fit in line 2b, leave all of item 2 blank, check hare f
and provide the Individual Debtor information in Item 10 of the Financing Statement Addandum (For UCCIAd)
28, ORGANIZATION'S NAME
Cyberlux Corporation
OR 2b INDIVIDUAL'S SURNAME
FIRST PERSONAL NAME
ADDITIONAL NAME(SVINITIAL(S)
| SUFFIX
800 Park Offices Drive Suite 3209
2c. MAILING ADDRESS
CITY
STATE
POSTAL CODE
COUNTRY
Research Triangle Park
INC
27709
JUSA
3. SECURED PARTY'S NAME (or NAME of ASSIGNEE of ASSIGNOR SECURED PARTY): Provide only one Secured Pany name (3a or 3b)
3a. ORGANIZATIONS NAME
Atlantic Wave Holdings, LLC
OR 3b, INDIVIDUAL'S SURNAME
FIRST PERSONAL NAME
ADDITIONAL NAME(SVINITIAL(S)
SUFFIX
3c. MAILING ADDRESS
CITY
STATE
POSTAL CODE
COUNTRY
11 S. 12th Street
Richmond
IVA
23219
USA
4. COLLATERAL: This financing statement covers the following collalaral.
All of each Debtor's right, title and interest, whether now owned or hereafter acquired, in all of such Debtor's assets, including without
limitation (i) any and all inventory (including without limitation relating to drones), equipment, accounts. chattel paper, contractual rights.
instruments. letter-of-credit rights, letters of credit. documents. deposit accounts, money, Intellectual property (including without limitation
relating to drones), general intangibles, accounts receivable and other rights to payment and performance, (li) any and all fumiture,
fixtures. attachments, accessions, accessories, fittings, tools, parts, supplies and commingled goods relating to any of the foregoing
prozeny. vij any and all additions, replacements of and substitutions for all or any part of any of the foregoing property, (Iv) any and all
insurance proceeds relating to any of the foregoing property. (v) any and all goodwill relating to any of the foregoing property, and (vi) In
the case of Debter Cyberlux Corporation. all subsidiaries of such Debtor, including without limltation Catalyst Machineworks, LLC.
5. Check only if applicable and check only one box: Collateratis held in a Trust (sea UCC1Ad, item 17 and Instructions) baing administered by a Decedent's Personal Representellve
6b. Check only if applicable and chack only one box:
Ba. Check only If applicable and check only one box:
I Public-Finance Transaction
Manufactured-Home Transaction
A Debtor is a Transmitting Utility
Agricultural Lien
7. ALTERNATIVE DESIGNATION (If applicable):
Lessee/Lessor
Consignee/Consignol
Bailee/Bailor
Licensee/Licensor
8. OPTIONAL FILER REFERENCE DATA:
FILING OFFICE COPY - UCC FINANCING STATEMENT (Form UCC1) (Rev. 04/20/11)
claimallegation
The 2023 amended final order awards $1,572,500 jointly against Cyberlux/Schmidt, $177,126.19 fees, $3,895/$6,842.50 sanctions and 12% intere
The 2023 amended final order awards $1,572,500 jointly against Cyberlux/Schmidt, $177,126.19 fees, $3,895/$6,842.50 sanctions and 12% interest; records agreed lien and qualified nondischargeability terms; dismisses without prejudice. It bears a June 2023 entry and Schmidt/Watts seen-and-agreed signatures.
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2209
EXHIBIT
VIRGINIA:
IN THE CIRCUIT COURT OF THE CITY OF RICHMOND
ATLANTIC WAVE HOLDINGS, LEC
AND SECURE COMMUNITY, LLC
Plaintiffs,
Case No: CL22-3882 - 4
CYBERLUX CORPORATION and
MARK D. SCHMIDT, individually
Defendants.
AMENDED FINAL ORDER AND JUDGEMENT
BEFORE THE COURT is a Motion for Entry of an Amended Final Order and Judgment
by Plaintiffs ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, and
agreed to by Defendants CYBERLUX CORPORATION and MARK D. SCHMIDT, individually,
and as the authorized representative for CYBERLUX CORPORATION, and
IT APPEARING to the Court that the parties hereto have reached a settlement agreement
that resolves the current need for continuing litigation.
UPON CONSIDERATION of the pleadings, the evidence, argument of counsel, the
consent of the parties, and for good cause shown, it is hereby ORDERED, ADJUDGED, and
DECREED that judgement is GRANTED in favor of Plaintiffs ATLANTIC WAVE HOLDINGS,
LLC and SECURE COMMUNITY, LLC, and against Defendants CYBERLUX CORPORATION
and MARK D. SCHMIDT, jointly and severally, as follows:
a.
The Court awards Plaintiffs the sum of ONE MILLION FIVE HUNDRED
SEVENTY-TWO THOUSAND AND FIVE HUNDRED DOLLARS ($1,572,500) in
compensatory damages, jointly and severally, against Defendants CYBERLUX CORPORATION
claimallegation
The 2 September 2025 receiver settlement resolves the stock dispute for $6 m plus $25,250.50, preserves stock rights and directs payment fro
The 2 September 2025 receiver settlement resolves the stock dispute for $6 m plus $25,250.50, preserves stock rights and directs payment from HII funds. Berleth acts for Cyberlux/Schmidt; releases/dismissal are tied to performance. Claimed lien continuity traces to 2023 rather than a new cash advance.
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EXHIBIT
tabbles
SETTLEMENT AGREEMENT
This Settlement Agreement (Agreement) is made and entered into on this the 2nd" day of
September 2025 by and among Atlantic Wave Holdings, LLC (I AWHI), Secure Community, LLC
("SC'), Cyberlux Corporation ("Cyberlux"), and Mark D. Schmidt ("Schmidt") collectively
referred to as the "Parties."
RECITALS
WHEREAS in Case No.: 2400-3910, Plaintiffs filed their Complaint on September 9, 2024.
WHEREAS UCC liens were filed in the Commonwealth of Virginia and the States of North
Carolina and Texas on July 6, 2023, specifically for the Drone receivables.
WHEREAS case no.: 2400-3910 was brought as a result of the alleged breach by Defendants of a
settlement agreement between the parties. The Settlement Agreement, among other things
includes:
A. The Recitals State:
WHEREAS, the Porties to this Agreement have been told by Cyberlux for more than six
(6) months that Cyberlux anticipates a significant cash flow connected with the sales of
certain arone products.
and:
B. Paragraphs 4(b) and 4(c) state:
Defendants agree to accelerate and pay the full outstanding balance of all
stits owed under the consent Judgment up to a total of FIVE THOUSAND
DOLLARS (S.5,000) per drone sold within twenty-one (21) days of Defendants, or
any parent's, subsidiary's, affiliate is, or assign's first receipt of payment for any
contract to purchase drone aircraft.
WHEREAS the Settlement Agreement was intended to secure Judgment-Creditor's security
interest in the HII MISSION TECHNOLOGIES CORP ("HII") drone contract receivables.
WHEREAS the Settlement Agreement also required Judgment-Debtors to make the Cyberlux
stock marketable by December 31, 2023. Judgment-Debtors have admitted within all their
pleadings that they did not make the stock marketable (by removing the Caveat Emptor status) by
December 31. 2023.
WHEREAS Judgment-Debtors raise no meritorious defenses but instead admit their breach.
WHEREAS the Honorable Michael Gomez, on May 22, 2025, appointed Robert B. Berleth of
Berleth & Associates, the (the "Undersigned" and also the "Receiver") as the Receiver of
Cyberlux Corporation and Mark D. Schmidt in a companion case pending in Harris County
claimallegation
The receiver settlement states 6% compound interest from all signatures, Virginia law and EDVA Richmond bench-trial forum and jury waiver, b
The receiver settlement states 6% compound interest from all signatures, Virginia law and EDVA Richmond bench-trial forum and jury waiver, breach fees and written notices. Welter signs for AW/SC; Berleth signs for Cyberlux/Schmidt with a notarial mark. These terms are distinct from later postjudgment interest wording.
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9. Settlement Agreement Final: The parties agree that this Agreement shall not be
dischargeable in bankruptcy to the fullest extent permissible at law, and Defendants hereby
waive all rights of reconsideration or appeal. Nor shall it be subject to any contribution or
reduced through the payments) of any other parties in this matter. Rather it shall be the sole
ot. igation of Defendants.
10. Interest: Compounded interest shall accrue at the rate of 6% per annum from the date
this agreement is signed by all parties until paid. This interest component is based on this
Agreement and not judgment rate interest by statute.
11. Dispute Resolution: The Parties agree that any disputes arising from this Agreement shall
be resolved through a bench trial, with all Parties waiving their rights to a jury trial. Any
such action must be brought exclusively in the United States District Court for the Eastern
District of Virginia, Richmond Division.
12. Governing Law: This Agreement shall be governed by and construed in accordance with
the laws of the Commonwealth of Virginia.
13. Entire Agreement: This Agreement constitutes the entire agreement between the Parties
with respect to the subject matter hereof.
14. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the
remaining provisions shall continue in full force and effect.
15. Counterparts: This Agreement may be executed in multiple counterparts, each of which
shall be deemed an original.
16. Attorneys' Fees and Costs: If either Cyberlux or Mark D. Schmidt breaches the
agreement, fails to pay pursuant to demand under Article 5, or seeks to set this Agreement
aside, or seeks to render this Agreement unenforceable, AWH and SC shall be entitled to
their attorneyẾees and costs incurred to enforce this Agreement, or any breach thereof.
17. Remedies for Breach. In the event of a breach of this Agreement, AWH and SC may seek
all legal remedies, including, among others, damages, restitution, consequential damages and
injunctive relief.
18. Successorship. This Agreement that the provisions hereof are binding upon the Parties,
their employees, affiliates, agents, heirs, successors, and assigns forever.
19. Modification: This Agreement may only be amended by a written instrument executed by
all Parties.
20. Waiver: No waiver of any provision of this Agreement shall be effective unless in writing
and signed by the Party waiving the right. No waiver of any breach shall be deemed to be
a waiver of any other or subsequent breach.
claimallegation
Exhibit 1 to the receiver settlement includes a proposed $6 m consent order with $25,250.50 fees and 6% postjudgment interest. Its judicial
Exhibit 1 to the receiver settlement includes a proposed $6 m consent order with $25,250.50 fees and 6% postjudgment interest. Its judicial entry date/signature are blank; it must not be classified as the entered 18 December order.
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2218
EXIBIT «1»
claimallegation
The actual consent final order follows the 16 December 2025 hearing and is entered 18 December 2025. It awards $6 m jointly plus $25,250.50
The actual consent final order follows the 16 December 2025 hearing and is entered 18 December 2025. It awards $6 m jointly plus $25,250.50 and 6% interest, dismisses with prejudice, and relies on receiver authority despite disputes. Quash is denied without ruling on defendants' standing to challenge notice or appellate rights.
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2222
EXHIBIT
E
VIRGINIA:
IN THE CIRCUIT COURT OF THE CITY OF RICHMOND
ATLANTIC WAVE HOLDINGS, LLC
AND SECURE COMMUNITY, LLC,
Plaintiffs,
Case No.: CL24-3910
CYBERLUX CORPORATION and
MARK D. SCHMIDT, individually,
Defendants.
CONSENT FINAL ORDER
On December 16, 2025, Plaintiffs Atlantic Wave Holdings, LLC and Secure Community,
LLC and Defendants Cyberlux Corporation and Mark D. Schmidt, individually, by their Receiver,
Robert W. Berleth, Esq. appeared by and through counsel before this Court on the Plaintiffs'
Motion to Dissolve Stay and Enter Consent Order. Having considered the arguments and evidence
presented, the Court makes the following ruling:
It appearing that this matter has been previously visited by the court when Plaintiffs and
the Receiver, on September 19, 2025, filed a Joint Motion for Entry of a Consent Order ("First
Motionạ entered between Plaintiffs and the Receiver, on behalf of the Plaintiffs. The Defendants
objected and the Court allowed the parties to brief the issues, after which the Court entered a
written "Opinion and Order" dated October 30, 2025, ruling on the First Motion.
As part of the October 30, 2025, order, the Court, among other things, ruled that the
Settlement Agreement entered in CL22-3882 between Plaintiffs and Defendants was valid, and
' While the Receivership names Mark D. Schmidt, individually, as a Judgment Debtor, the Receiver has filed an Order
in Texas, which has yet to be entered, removing Mark D. Schmidt; individually, from the terms of the Receivership
Order in Texas.
claimallegation
The entered order recounts an earlier 30 October stay,4 November Texas abatement and 11 November reconsideration denial as changed circumsta
The entered order recounts an earlier 30 October stay,4 November Texas abatement and 11 November reconsideration denial as changed circumstances. A proposed removal of Schmidt from receivership had not been entered in Texas according to the order; this records the court's then-stated procedural basis.
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2222
EXHIBIT
E
VIRGINIA:
IN THE CIRCUIT COURT OF THE CITY OF RICHMOND
ATLANTIC WAVE HOLDINGS, LLC
AND SECURE COMMUNITY, LLC,
Plaintiffs,
Case No.: CL24-3910
CYBERLUX CORPORATION and
MARK D. SCHMIDT, individually,
Defendants.
CONSENT FINAL ORDER
On December 16, 2025, Plaintiffs Atlantic Wave Holdings, LLC and Secure Community,
LLC and Defendants Cyberlux Corporation and Mark D. Schmidt, individually, by their Receiver,
Robert W. Berleth, Esq. appeared by and through counsel before this Court on the Plaintiffs'
Motion to Dissolve Stay and Enter Consent Order. Having considered the arguments and evidence
presented, the Court makes the following ruling:
It appearing that this matter has been previously visited by the court when Plaintiffs and
the Receiver, on September 19, 2025, filed a Joint Motion for Entry of a Consent Order ("First
Motionạ entered between Plaintiffs and the Receiver, on behalf of the Plaintiffs. The Defendants
objected and the Court allowed the parties to brief the issues, after which the Court entered a
written "Opinion and Order" dated October 30, 2025, ruling on the First Motion.
As part of the October 30, 2025, order, the Court, among other things, ruled that the
Settlement Agreement entered in CL22-3882 between Plaintiffs and Defendants was valid, and
' While the Receivership names Mark D. Schmidt, individually, as a Judgment Debtor, the Receiver has filed an Order
in Texas, which has yet to be entered, removing Mark D. Schmidt; individually, from the terms of the Receivership
Order in Texas.
claimallegation
Gonzalez reports Colorado suit filed 12 March 2025, service 14 March, no response, and a 29 August 2025 default judgment of $1,224,275.14: $
Gonzalez reports Colorado suit filed 12 March 2025, service 14 March, no response, and a 29 August 2025 default judgment of $1,224,275.14: $1,220,838.54 trebled damages, $2,765 fees and $671.60 costs. He identifies a certified copy obtained 19 December 2025.
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2137
Colorado Action (TAG 0021-26) is attached hereto as Exhibit 3.
Although Cyberlux was properly served with the complaint in the Colorado Action on
March 14, 2025, Cyberlux failed or refused to file an answer or otherwise respond to
the complaint.
10.
Accordingly, TAG moved for entry of default judgment against Cyberlux.
11.
On August 29, 2025, that motion was granted and Final Judgment was entered against
Cyberlux in the total amount of $1,224,275.14 (the "Final Judgment"), which
consisted of treble damages in the amount of $1,220,838.54, attorneys' fees in the
amount of $2,765.00, and costs in the amount of $671.60. A true and correct copy of
the Final Judgment (TAG 0003-4) is attached hereto as Exhibit 4.
12.
The Final Judgment was Certified on December 19, 2025 (the "Certified Final
Judgmen_. A true and correct copy of the Certified Final Judgment (TAG 0001-2)
is attached hereto as Exhibit 5.
13.
As of the date of execution of this Declaration, HII and Cyberlux have not paid TAG
the amounts owed pursuant to the Contract, the Judgments, or otherwise.
14.
A true and correct copy of Legalist's Second Amended and Restated Government
Purchase Order Financing Agreement including Instrument of Assignment
(LEGALIST_000001-14) is attached hereto as Exhibit 6.
15. A true and correct copy of Legalist's Response to Interrogatory 1 is attached hereto as
Exhibit 7.
16. A true and correct copy of Atlantic Wave/Secure Community's Response to
Interrogatory 1 is attached hereto as Exhibit 8.
17. A true and correct copy of ANPC's Complaint (ANPC 7-12) is attached hereto as
3
claimallegation
The reconsideration order denies the 2 January 2026 motion, leaves the prior ruling standing, terminates suspension and dispenses with the 2
The reconsideration order denies the 2 January 2026 motion, leaves the prior ruling standing, terminates suspension and dispenses with the 24 February hearing. The own image of entry reads 2/5/2026, not the 2 February date elsewhere in the creditor response.
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EXHIBIT
Virginia:
In the Circuit Court of the City of Richmond, Joh Alarshall Courts Failoing
ATLANTIC WAVE HOLDINGS, LLC.
AND SECURE COMMUNITY, LLC.
Plaintiff,
Case No. CL24-3910
CYBERLUX CORPORATION and
MARK SCHIMIDT, individually
Defendants,
ORDER
On January 2, 2026 Defendants Cyberlux Corporation and Mark D. Schimdt, by counsel,
filed an "Emergency Motion to Reconsider and Vacate Consent Final Order and To Suspend
Execution Pending the Court's Ruling." Plaintiffs' counsel for Atlantic Wave Holding, LLC, and
Secure Community, LLC, subsequently filed a "Response in Opposition to Motion to
Reconsider: »2 The Court DENIED Defendants' request to file a Reply.
Upon reviewing the parties' current filings, the Court ORDERS that its prior ruling
STANDS. Accordingly, the Court hereby DENIES Defendants' Motion to Reconsider and
TERMINATES the suspension of the "Consent Final Order." The Court ORDERS the "Consent
Final Order" effective as of the entry date of this Order.
Pursuant to Rule 4;15(d) of the Supreme Court Rules of Virgina, the Court hereby DENIES
the parties' request for a hearing, and further VACATES AND RELEASES the previously
scheduled hearing set for February 24, 2026 at 9:00 a.m. The parties are released from their
appearances.
The Clerk is DIRECTED to forward a certified copy of this Order to the parties.
' Jimmy Robinson, Esq., representing the Defendants.
2 Charles Gavin, Esq., representing the Plaintiffs.
claimallegation
The May 2025 email thread distinguishes AW's lien/stock exposure from the Fairfax garnishment. Belote asks whether AW claims above the rough
The May 2025 email thread distinguishes AW's lien/stock exposure from the Fairfax garnishment. Belote asks whether AW claims above the roughly $1.44 m garnishment and about priority relative to Legalist; Walton answers yes and permits direct contact with Welter. Petersen initially supplies garnishment information; the clarification is not an agreed priority adjudication.
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Just to clarify one more thing: does AW contend that its claimed security interest in the accounts receivable of
Cyberlux has priority over the claimed security interest of Legalist in Cyberlux's accounts receivable?
Clark J. Belote
EXIBIT
Kaufman & Canoles, P.C.
clark.belote@kaufcan.com
T. (757) 624.3109
KC
F. (888) 360.9092
150 W. Main Street, Suite 2100
Norfolk, VA 23510
KAUFMANS CANOLES
www.kaufCAN.com
Linkedin
From: David A. Walton <dwalton@bellnunnally.com>
Sent: Monday, May 19, 2025 9:56 AM
To: Belote, Clark J. <clark.belote@kaufcan.com; wil|welter@aol.com
Cc: David M. Keithly <dkeithlv@tocounsel.com>; Evan Sherwood <ESherwood@cov.com>; Freling, Scott
<sfreling@cov.com>; Chap Petersen <jcp@petersenfirm.com>
Subject: RE: Atlantic Wave_Letter to HII re Claim to Funds
Clark:
Please feel free to further discuss this issue with Will Welter, copied on this email. You are authorized to speak
with him directly, as needed.
Put simply, yes, Atlantic Wave's position is it has a security interest in debts or claims against Cyberlux over
and above the $1.44mm on the face of the garnishment summons. The settlement agreement between Cyberlux
and Atlantic Wave provides for more than just the actual amount owed under the Amended Final Order and
Judgment, for example, it provides Atlantic Wave the right to repayment of attorneys' fees and costs in any
action caused by a breach of the settlement agreement, and damages associated with the failure to bring
Cyberlux's stock to Pink Current status and to remedy the caveat emptor classification on such stock.
Moreover, the settlement agreement explicitly provides: "Defendants [Cyberlux & Schmidt] agree and grant to
Plaintiff [Atlantic Wave & Secure Community] a full security interest and lien interest in all of Defendants
assets, including but not limited to IP, subsidiaries, contractual rights, accounts receivables, drone sales, etc.,
which may, in Plaintiff's sole discretion, be memorialized through the filing of UCC-1 forms and Liens."
Atlantic Wave contends that Cyberlux has defaulted on the settlement agreement in several respects as set
forth in prior communications and filings, which permits Atlantic Wave to enforce the security interest
(authorized by the settlement agreement) against Cyberlux on the collateral or assets described in the UCC-1
forms. Attached are those UCC-1 forms that were filed in Virginia, Texas, and North Carolina.
Please feel free to call me at your convenience to discuss.
Take care,
David
David A. Walton Partner
IN
BELLNUNNALLY
claimallegation
Walton's 24 April 2025 letter urges HII to retain funds pending creditor conflicts. It asserts at least $912,000 judgment balance, $592,000
Walton's 24 April 2025 letter urges HII to retain funds pending creditor conflicts. It asserts at least $912,000 judgment balance, $592,000 fees and $6,017,250 stock exposure based on 195 m shares and a quoted price; these earlier figures are not the later $6 m judgment or current balances.
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2234
BIN
BELLNUNNALLY
David A. Walton
TEL: 214.740.1445
FAX: 214.740.5745
DWALTON@BELLNUNNALLY.COM
April 24, 2025
VIA EMAIL (clark.belote@kaufcan.com)
Clark J. Belote
Kaufman & Canoles, P.C.
150 W. Main Street, Suite 2100
Norfolk, VA 23510
RE: Claims to funds held or to be held on behalf of or for the benefit of Cyberlux
Corporation.
Dear Mr. Belote:
This letter serves as formal notice to Huntington Ingalls Industries and HII
Mission Technologies Corp. (collectively HII) as to Atlantic Wave Holdings, LLC
(Atlantic Wave)'s claims to funds held or to be held by HII on behalf of or for the benefit
of Cyberlux Corporation (Cyberlux). Upon information and belief, "Cyberlux has
asserted entitlement to payment" from HII pursuant to Subcontract No. P000043846,
dated August 29, 2023, HII's Prime Task Order 47QFCA22F0039, and Technical Direction
Letter 1-023, as set forth in the Modification No. 4 to Subcontract No. P000043846 to Effectuate
a Termination Settlement, effective as of February 26, 2025, by and between HII and
Cyberlux. Atlantic Wave hereby asserts it is an interested stakeholder in any payment
due and owed to Cyberlux by HII because Cyberlux has not satisfied debts due and owed
to Atlantic Wave, in whole or in part, under a valid and enforceable judgment, writ of
garnishment, or lien:
1.
On June 28, 2023, a Virginia state court signed the Amended Final Order and
Judgment against Cyberlux (and Mark D. Schmidt) in Case No. CL22-3882,
in the Circuit Court of the City of Richmond, Virginia. The Amended Final
Order and Judgment has since been domesticated in California state court in
January of 2024 and in Texas state court in July of 2024. The outstanding
balance due and owed under the Amended Final Order and Judgment is, at
minimum, $912,000, after accounting for any prior payments, credits, or
offsets.
The Amended Final Order and Judgment, as agreed to by Cyberlux, also
provides that "the parties have agreed to a security interest and lien interest
in all property of Defendants [Cyberlux and Mark D. Schmidt] in favor of
claimallegation
Walton's letter also lists TAG $365,049.42, Legalist $7,313,627.17 plus $4,364.46 daily, Aerotek $204,705.45 and RB Capital $5,686,960, asse
Walton's letter also lists TAG $365,049.42, Legalist $7,313,627.17 plus $4,364.46 daily, Aerotek $204,705.45 and RB Capital $5,686,960, asserting other claims above $13.5 m. These are counsel's dated descriptions, not verified sums due or independent corroboration of each creditor.
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2235
CLARK J. BELOTE
KAUFMAN & CANOLES, P.C.
APRIL 24, 2025
PAGEZ OF4
Plaintiffs [Atlantic Wave and Secure Community, LLC] until all sums are
paid, and such security interest may be further memorialized through the
filing of appropriate UCC-1 forms and the filing of appropriate Liens."
On July 6, 2023, Atlantic Wave filed a UCC Financing Statement (Form UCC1)
with the Virginia State Corporation Commission, Office of the Clerk, to
perfect Atlantic Wave's security interest in certain collateral of Cyberlux,
including but not limited to "money... [and] accounts receivable and other
rights to payment and performance."
On October 24, 2024, HII filed an Answer to writ of garnishment issued at
the request of Atlantic Wave in Case No. CL22-3882-15, in the Circuit Court
of the City of Richmond, Virginia, stating itỗ¿s withholding any payment
which is or may become due and owing to Cyberlux... pending further
order and/or direction of the Court."
On June 15, 2023, Atlantic Wave and Cyberlux entered into a Settlement
Agreement in Case No. CL22-3882, in the Circuit Court of the City of
Richmond, Virginia, wherein Cyberlux agreed to be "responsible for the
payment of [Atlantic Wave's] attorneys' fees and costs in any action caused
by the breach of this [Settlement] Agreement." As of April 24, 2025, the
attorneys' fees and costs incurred by Atlantic Wave caused by Cyberlux's
breach of the Settlement Agreement is well in excess of $592,000, and
attorneys' fees and costs continue to accrue as a result of Cyberlux's
wrongful conduct.
Pursuant to the Settlement Agreement, Cyberlux was contractually obligated,
among other obligations, to bring its stock to Pink Current status and to
remedy the caveat emptor classification on such stock by December 31,
2023, or be subject to additional liability and damages to Atlantic Wave.
Cyberlux did not comply with its contractual obligation, which is now the
subject of Case No. CL24-3910, in the Circuit Court of the City of Richmond,
Virginia. The damages caused by Cyberlux's wrongful conduct is in excess
of $6,017,250 (calculated based on a 20-day rolling average share price of
$.0308577 for 195,000,000 shares).
Based on the foregoing judgment, security interest, and claims, among others,
Atlantic Wave contends it is currently owed in excess of $7,774,000, and further contends
claimallegation
ANPC's attached verified complaint describes Cyberlux as Nevada-incorporated and alleges equipment/services including two tactical landing s
ANPC's attached verified complaint describes Cyberlux as Nevada-incorporated and alleges equipment/services including two tactical landing systems, guidance systems, trailer, documents and spares. It says the first three of five milestones were paid and final milestones totalled $2,830,050 on 20 December 2024.
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2239
25CV005686-310
STATE OF NORTH CAROLINA
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
COUNTY OF DURHAM
25-CVS-_
Advanced Navigation & Positioning
Corporation
Plaintiff,
-V-
VERIFIED COMPLAINT
Cyberlux Corporation
Defendant.
Plaintiff, complaining of the Defendant, alleges:
PARTIES
The Plaintiff Advanced Navigation & Positioning Corporation, ('Plaintiff" or
"ANPC") is a Delaware corporation in good standing with a legal existence and the capacity to
sue, with its principal place of business located at 489 North 8th Street, Suite 203, Hood River,
Oregon, 97031.
2.
Upon information and belief, Cyberlux Corporation (*Defendant or
"Cyberlux") is a Nevada corporation with its principal place of business in Durham County
located at 800 Park Offices Drive, Suite 3209 Research Triangle, North Carolina, 27709 and can
be served with process upon its registered agent, CT Corporation System, located at 160 Mine
Lake Ct Ste 200, Raleigh, North Carolina 27615.
3.
This Court has jurisdiction over the parties to this action pursuant to N.C. General
Statute §1-75.4 and other applicable bases for jurisdiction.
Venue is proper pursuant to N.C. General Statute §1-82 and other applicable
bases for venue.
PR
Electronically Filed Date: 6/5/2025 4:37 PM Durham Superior Court County Clerk of Superior ANPC_00007
claimallegation
ANPC alleges the customer had paid Cyberlux by 20 December and the sum became due 30 December; a 15 May demand was unfulfilled. It seeks $2,
ANPC alleges the customer had paid Cyberlux by 20 December and the sum became due 30 December; a 15 May demand was unfulfilled. It seeks $2,926,814.39 including $96,764.39 interest at 8%. This attachment is a complaint, not the later judgment.
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14. Pursuant to the Purchase Agreement, Cyberlux was required to pay the Final
Invoice within ten days business days of Cyberlux's receipt of payment from Cyberlux's
customer.
15. Upon information and belief, Cyberlux had received payment from Cyberlux's
customer as of December 20, 2024 sufficient to pay the Final Invoice by December 30, 2024.
16. Cyberlux breached the Purchase Agreement when it failed to make a payment on
the Final Invoice on or before December 30, 2024.
17. According to the Purchase Agreement, all disputes arising under the Purchase
Agreement must be initially referred to the parties' senior management for resolution. The
parties agreed to wait fourteen calendar days following referral to senior management before
bringing to court any action arising out of or related to the Purchase Agreement.
18.
Upon Cyberlux's failure to pay the Final Invoice in a timely manner, ANPC, by
and through its attorney, gave notice to the Buyer's CEO of Cyberlux's failure to make timely
payments on May 15, 2025 (the "Payment Dispute Letter").
19. The Payment Dispute Letter was sent to Cyberlux's CEO via Federal Express and
email.
20. As of the date of this Verified Complaint, Cyberlux has not responded to the
Payment Dispute Letter.
21. It has been more than fourteen days since ANPC sent the Payment Dispute Letter
to Cyberlux.
CLAIM FOR RELIEF
(Breach of Contract-Purchase Agreement)
22. ANPC incorporates the prior allegations of the Complaint by reference.
23. The Purchase Agreement is a valid and enforceable contract.
24.
ANPC has performed all of its obligations under the Purchase Agreement.
3
ANPC_00009
claimallegation
CFO Tim Arbogast verifies the ANPC complaint before an Oregon notary on 5 June 2025 on personal knowledge except matters stated on informati
CFO Tim Arbogast verifies the ANPC complaint before an Oregon notary on 5 June 2025 on personal knowledge except matters stated on information and belief, which he believes true. The visual qualification is preserved; it is not an unqualified firsthand attestation to every allegation.
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VERIFICATION
Tim Arbogast, being first duly sworn, deposes and says that he is the CFO of
Advanced Navigation and Positioning Corporation, a Delaware corporation, and, as such,
he is authorized to make this oath; that he has read the foregoing and attached Verified
Complaint, and that the same is true of his own personal knowledge except those matters
Advanced Navigation and Positioning Corporation
OFFICIAL STAMP
Emily Joyce
NOTARY PUBLIC - OREGON
By: Tim Arbogast
›, CFO
STATE OF
COUNTY OF
Personally appeared before me, Tim Arbogast, either being personally known to
me or proven by satisfactory evidence (said-evidence being
), and acknowledged that he signed the foregoing document.
This the
5
_day of June
→ 2025.
OFFICIAL STAMP
Notary Publid, MI
уБоусе
Emily Joyce
NOTARY PUBLIC - OREGON
(Type or Print Name)
MY COMMISSION EXPIRES MAY 13, 2029
COMMISSION NO. 1058184
My commission expires:
May 13,2029
(Notary Seal)
6
ANPC_00012
[Own-image correction: verification is on personal knowledge except those matters stated upon information and belief, which he believes to be true. Tim Arbogast signed before Oregon notary Emily Joyce on5 June2025.]
claimallegation
ANPC's 9 March 2026 response claims $3,087,878.86 and reports a 21 July 2025 judgment of $2,926,814.39,24 September fieri facias and 8 Octob
ANPC's 9 March 2026 response claims $3,087,878.86 and reports a 21 July 2025 judgment of $2,926,814.39,24 September fieri facias and 8 October garnishment of HII. It asserts equitable assignment of receipts allegedly spent on other programmes; the judgment and writ originals are not attached within Exhibit 10.
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2246
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
RICHMOND DIVISION
Case No. 3:25-cv-00483-JAG
HII MISSION TECHNOLOGIES CORP.,
Plaintiff,
V.
ADVANCED NAVIGATION &
POSITIONING CORPORATION'S
CYBERLUX CORPORATION, et al.,
RESPONSE TO INTERROGATORIES
Defendants.
INTERPLEADER DEFENDANT ADVANCED NAVIGATION & POSITIONING
CORPORATION'S RESPONSE TO INTERROGATORIES
Pursuant Rules 26, 33 and 34 of the Federal Rules of Civil Procedure, and the Joint
Discovery Plan entered in this case by order dated February 19, 2026 (Doc. 149) (the "Order"),
Interpleader Defendant Advanced Navigation & Positioning Corporation ("ANPC"), by and
through undersigned counsel, submits the following response to the interrogatory set out in Section
6(a) of the Order:
Preliminary Statement
To the best of ANPC's knowledge, information and belief, formed after reasonable inquiry,
this response is complete and correct as of the date of this document. ANPC reserves the right to
amend or supplement this response. ANPC also reserves the right to reference, discover or offer
into evidence at the time of trial any and all facts, documents and things notwithstanding the initial
response.
INTERROGATORY
6(a). Explain the nature of your claim to any of the proceeds that are the
subject of this interpleader, including an explanation of: (a) the amount
of the proceeds that you claim; (b) the legal basis for your right to the
proceeds; (c) how the amount you claim became a liquidated amount
claimallegation
ANPC claims priority 24 September 2025 or 30 December 2024 under its equitable-assignment theory, interest of $257,828.86 and no attorney fe
ANPC claims priority 24 September 2025 or 30 December 2024 under its equitable-assignment theory, interest of $257,828.86 and no attorney fees. It characterises unpaid delivery as an effective 30 December advance, not a documented cash loan. The response's interest discussion needs reconciliation with its stated judgment and principal.
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Judgment against Cyberlux, which Judgment was domesticated in Virginia and served as the basis
for the Garnishment Summons issued to HII and Cyberlux.
ANPC also claims an equitable lien on the proceeds, which claim is set out in ANPC's
Supplemental Answer to HII's Amended Complaint. Specifically, Cyberlux assigned certain funds
(the "Assigned Funds") to ANPC under the Purchase Agreement, which funds were to compensate
ANPC for services and assets that ANPC provided to produce the products that Cyberlux then sold
to its customer. Cyberlux did not provide the Assigned Funds to ANPC upon such Assigned Funds
becoming due and owing and instead retained the Assigned Funds to serve other parties and
produce other products.
C.
How the amount you claim became a liquidated amount or, if not
liquidated, state so.
ANPC's Claimed Amount became liquidated once the Durham County Superior Court
entered the Judgment in favor of ANPC against Cyberlux in Advanced Navigation & Positioning
Corporation vs. Cyberlux Corporation, 25-CVS-005686-310 on July 21, 2025, in the amount of
$2,926,814.39, which has continued to accrue interest.
d.
Whether you claim a security interest in, lien on, or assignment of all
or any portion of the proceeds and, if so, provide your claimed priority
date and explain the basis for your security interest, lien, or assignment.
ANPC's security interest arose when ANPC filed the Writ of Fieri Facias on September
24,2025.
ANPC additionally claims an equitable lien that arose, at the earliest, on December 30,
2024, when Cyberlux breached the Purchase Agreement by failing to pay ANPC the Assigned
Funds pursuant to the final invoice dated as of December 20, 2024, payment for which was due
under the Purchase Agreement by December 30, 2024. Because the equitable lien arose when
claimallegation
WeShield, Roman Investments, MAS as Rosewood assignee, and Sinensky reserve privilege, confidentiality, burden and supplementation objection
WeShield, Roman Investments, MAS as Rosewood assignee, and Sinensky reserve privilege, confidentiality, burden and supplementation objections. Introductory text says dollar figures as of 19 February 2026 while later text and calculations repeatedly use 9 March 2026; both date statements remain visible.
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2253
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
RICHMOND DIVISION
HII MISSION TECHNOLOGIES CORP.,
Civil Action No. 3:25-cv-483-JAG
Interpleader Plaintiff,
V.
CYBERLUX CORPORATION,
ATLANTIC WAVE HOLDINGS, LLC,
SECURE COMMUNITY, LLC,
LEGALIST SPV III, L.P.,
UNITED STATES OF AMERICA,
ADVANCED NAVIGATION AND
POSITIONING CORPORATION,
ASSURE GLOBAL LLC d/b/a WESHIELD,
ROMAN INVESTMENTS PR LLC,
MAS USA MGT LLC, and
MICHAEL SINENSKY,
And ROBERT W. BERLETH, solely in
his capacity as Receiver for
Cyberlux Corporation,
Interpleader Defendants/Claimants.
JOINT RESPONSES OF INTERVENORS ASSURE GLOBAL LLC d/b/a WESHIELD,
ROMAN INVESTMENTS PR LLC, MAS USA MGT LLC, AND MICHAEL SINENSKY
TO INTERROGATORY REGARDING NATURE OF CLAIM TO INTERPLEADER
PROCEEDS
Pursuant to the Court's Order and the applicable Federal Rules of Civil Procedure,
Intervenors Assure Global LLC d/b/a WeShield ("WeShield"), Roman Investments PR LLC
("Roman Investments"), MAS USA MGT LLC ("MAS") (as assignee of Rosewood Theater LLC),
and Michael Sinensky ("Sinensky") (collectively, "Respondents"), by and through undersigned
1
claimallegation
Gonzalez identifies fourteen exhibits, executes the declaration under penalty of perjury on 14 April 2026, and counsel certifies service on
Gonzalez identifies fourteen exhibits, executes the declaration under penalty of perjury on 14 April 2026, and counsel certifies service on 15 April. His authentication of attached copies does not turn the opposing creditors' contentions into personal knowledge of their underlying transactions.
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Colorado Action (TAG 0021-26) is attached hereto as Exhibit 3.
Although Cyberlux was properly served with the complaint in the Colorado Action on
March 14, 2025, Cyberlux failed or refused to file an answer or otherwise respond to
the complaint.
10.
Accordingly, TAG moved for entry of default judgment against Cyberlux.
11.
On August 29, 2025, that motion was granted and Final Judgment was entered against
Cyberlux in the total amount of $1,224,275.14 (the "Final Judgment"), which
consisted of treble damages in the amount of $1,220,838.54, attorneys' fees in the
amount of $2,765.00, and costs in the amount of $671.60. A true and correct copy of
the Final Judgment (TAG 0003-4) is attached hereto as Exhibit 4.
12.
The Final Judgment was Certified on December 19, 2025 (the "Certified Final
Judgmen_. A true and correct copy of the Certified Final Judgment (TAG 0001-2)
is attached hereto as Exhibit 5.
13.
As of the date of execution of this Declaration, HII and Cyberlux have not paid TAG
the amounts owed pursuant to the Contract, the Judgments, or otherwise.
14.
A true and correct copy of Legalist's Second Amended and Restated Government
Purchase Order Financing Agreement including Instrument of Assignment
(LEGALIST_000001-14) is attached hereto as Exhibit 6.
15. A true and correct copy of Legalist's Response to Interrogatory 1 is attached hereto as
Exhibit 7.
16. A true and correct copy of Atlantic Wave/Secure Community's Response to
Interrogatory 1 is attached hereto as Exhibit 8.
17. A true and correct copy of ANPC's Complaint (ANPC 7-12) is attached hereto as
3
claimallegation
The group claims WeShield $3,905,541.64 ($2,916,760 principal/$988,781.64 interest), Roman $576,436.03 ($430,497.41/$145,938.62), MAS $215,0
The group claims WeShield $3,905,541.64 ($2,916,760 principal/$988,781.64 interest), Roman $576,436.03 ($430,497.41/$145,938.62), MAS $215,062.95 ($160,614.60/$54,448.35) and Sinensky $310,097.79 ($231,589.09/$78,508.70), stated through 9 March 2026.
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2256
you claim; (b) the legal basis for your right to the proceeds; (c) how the amount you claim became
a liquidated amount or, if not liquidated, state so; (d) whether you claim a security interest in, lien
on, or assignment of all or any portion of the proceeds and, if so, provide your claimed priority
date and explain the basis for your security interest, lien, or assignment; (e) whether you claim a
right to interest and, if so, the amount and basis for continuing accrual thereof, if any; (f) whether
you claim a right to attorneys' fees and, if so, the basis therefore and the amount you will claim;
and (g) for any creditor claiming a secured interest, identify the date(s) on which advances were
made to Cyberlux or on its behalf for which any secured interest is claimed.
RESPONSE TO SUB-PART (a): Amount of Proceeds Claimed.
In addition, Respondents object to this sub-part to the extent it requires a final, fixed
statement of amounts claimed, as interest continues to accrue daily and the total amounts owed
will increase until the interpleaded funds are distributed. Subject to and without waiving this
objection and the General Objections, Respondents respond as tollows.
• WeShield: $3,905,541.64, consisting of $2,916,760.00 in principal and
$988,781.64 in accrued interest through March 9, 2026.
• Roman Investments PR LLC: $576,436.03, consisting of $430,497.41 in
principal and $145,938.62 in accrued interest through March 9, 2026.
• MAS USA MGT LLC: $215,062.95, consisting of $160,614.60 in principal and
$54,448.35 in accrued interest through March 9, 2026.
• Michael Sinensky: $310,097.79, consisting of $231,589.09 in principal and
$78,508.70 in accrued interest through March 9, 2026.
claimallegation
WeShield attributes the Ukrainian drone opportunity to its 12 July 2022 exclusive development agreement, founders' charity work and introduc
WeShield attributes the Ukrainian drone opportunity to its 12 July 2022 exclusive development agreement, founders' charity work and introductions. It says 4 April 2025 settlement compromised commissions to $2.5 m plus 240 m restricted shares, Cyberlux failed to pay, and liquidated damages followed. Underlying confidential agreements are cited but absent from this response.
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RESPONSE TO SUB-PART (b): Legal Basis for Right to Proceeds.
Respondents object to this sub-part to the extent it calls for a complete recitation of all legal
theories, arguments, and supporting facts, which would be more appropriately addressed through
briefing on the merits. Respondents further object to the extent this sub-part seeks information
protected by the attorney-client privilege or work product doctrine regarding counsel's legal
analysis and litigation strategy. Respondents also object to this sub-part as premature to the extent
it calls for legal contentions before the completion of fact discovery. Subject to and without
waiving these objections and the General Objections, Respondents respond as follows.
WeShield's claim to the interpleaded proceeds is rooted directly in the work it performed
that generated the very contract from which those proceeds flow. The Letter Agreement dated July
12, 2022 between Cyberlux Corporation and WeShield' formally engaged WeShield as Cyberlux's
exclusive business development partner for Ukrainian government and Ministry of Defense drone
contracts. Under that agreement, Cyberlux expressly committed to compensate WeShield for its
role in originating and developing the opportunity.
WeShield was not a passive participant. At the time that Cyberlux was seeking business
partners to help sell products in Ukraine, WeShield's founders, Roman Vintfeld and Michael
Sinensky, were actively working in the region through their charity, Worldwide Friends. In fact,
both WeShield and its founders all received separate commendations for their work in Ukraine.
(AGWS000015-AGWS000017.) WeShield arranged meetings, demonstrations and other
connections for Cyberlux in Ukraine.
• The Letter Agreement includes confidentiality clauses that prevent it from being produced
without a Protective Order.
5
claimallegation
The group reports 11 August 2025 confessions of judgment and a later security agreement. Remaining claims derive from 26 August 2022 stock p
The group reports 11 August 2025 confessions of judgment and a later security agreement. Remaining claims derive from 26 August 2022 stock purchases and 29 October/1 November notes, with 4 April 2025 Rosewood-to-MAS assignment and Roman-to-Sinensky allocations; these are attributed tracing claims, not reproduced transfer instruments.
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The HII subcontract proceeds now at issue in this interpleader, arising from Subcontract
No. P000043846 and the Modification Agreement with Huntington Ingalls Industries, Inc. (HII),
represent the downstream revenue generated from the Ukrainian drone program that WeShield
originated and developed. Cyberlux acknowledged WeShield's role and its obligations in the
Agreement of Compromise and Settlement dated April 4, 2025 (the "Settlement Agreement").2
Pursuant to the Settlement Agreement, Cyberlux agreed to pay WeShield $2,500,000.00 plus
240,000,000 shares of restricted common stock as full settlement of all obligations under the Letter
Agreement (Settlement Agreement, Section 4). That settlement amount represented a material
reduction from the commission WeShield would have been entitled to under the Letter
Agreement's commission structure had the full value of the Ukrainian contracts been realized.
WeShield accepted this compromised sum in resolution of all disputes under the Letter Agreement.
Cyberlux failed to pay. The Settlement Agreement's liquidated damages provision (Section
12) then began to compound Cyberlux's liability. Despite communications regarding the status of
payments and assurances, Cyberlux has not paid the amounts due to this date. (AGWS000018-
AGWS000025.)
On August 11, 2025, Cyberlux confessed judgment in favor of each Respondent in the
Superior Court for Durham County, North Carolina. (Confessions of Judgement, AGWS000007-
AGWS000014.). Thereafter, Cyberlux and all Respondents entered into a Security Agreement
granting each Respondent a perfected security interest in all of Cyberlux's accounts receivable
under Subcontract No. P000043846, the very HII proceeds now interpleaded. (Security
2 The Settlement Agreement includes confidentiality clauses that prevent it from being produced
without a Protective Order.
6
claimallegation
The group says 24 September 2025 security secured HII subcontractP 000043846 receivables and broad collateral;23 October 2025 Nevada 2025517
The group says 24 September 2025 security secured HII subcontractP 000043846 receivables and broad collateral;23 October 2025 Nevada 2025517121-6 and NC 20250156500 H filings establish its claimed priority. It expressly reserves the court's priority determination and identifies 0.3% per business day interest.
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RESPONSE TO SUB-PART (c): Liquidation of Amount.
Respondents object to this sub-part to the extent it calls for a definitive, static statement of
a liquidated amount when the obligations accrue interest daily and the final amount distributable
to Respondents will depend on the Court's priority rulings and the total amount of interpleaded
funds available. Subject to and without waiving this objection and the General Objections,
Respondents respond as follows.
Subject to the foregoing objections, the amounts claimed are liquidated. The Settlement
Agreement fixed Cyberlux's payment obligations to each Respondent with specificity. Section 12
of the Settlement Agreement includes a liquidated damages formula, and the Security Agreement
dated September 24, 2025 separately reflects the then-outstanding principal balances owed to each
Respondent based on that formula. The Security Agreement also provides for continuing interest
at 0.3% per business day. The figures in subpart (a) are calculated through March 9, 2026 using
the 0.3% per business day rate under the Security Agreement. Because interest continues to accrue,
the total amounts due will increase until paid.
RESPONSE TO SUB-PART (d): Security Interest; Priority Date; Basis.
Respondents object to this sub-part to the extent it calls for a legal conclusion regarding
the validity, perfection, or priority of Respondents' security interest relative to those of other
claimants, which is a legal determination to be made by the Court. Respondents further object to
this sub-part as premature to the extent it calls for a final priority determination before all relevant
priority evidence has been developed in discovery. Subject to and without waiving these objections
and the General Objections, Respondents respond as follows.
claimallegation
The group claims continuing 0.3% business-day interest on identified principal but no separate attorney fees, saying the interest covers rec
The group claims continuing 0.3% business-day interest on identified principal but no separate attorney fees, saying the interest covers recovery costs. WeShield's contribution is services/commissions, while other respondents' claims arise from investments. Counsel Marx signs 9 March 2026; no exact cash-advance schedule is supplied here.
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Subject to the foregoing objections, cach Respondent claims a security interest in the
interpleaded proceeds. On September 24, 2025, Cyberlux granted cach Respondent a security
interest in all of Cyberlux's right, title, and interest in the Collateral, expressly defined to include
"all accounts, including without limitation the accounts-receivable of Subcontract No.
P000043846 payable by HII Mission Technologies Corp. or its predecessorạas well as chattel
paper, commercial tort claims, deposit accounts, equipment, fixtures, general intangibles, goods,
instruments, investment property, proceeds, cash and cash equivalents, and letter of credit rights
(Security Agreement, AGWS000001, Section 2.1). A UCC-1 Financing Statement was filed with
the Nevada Secretary of State on October 23, 2025, Filing No. 2025517121-6. (AGWS000004.)
A UCC-1 Financing Statement was filed with the North Carolina Secretary of State also on
October 23, 2025, Filing No. 20250156500H. (AGWS000006.) Respondents' claimed priority
date is October 23, 2025, the date of UCC-1 filing. The legal basis is the Security Agreement and
UCC Article 9 as adopted in Nevada and North Carolina. Respondents reserve all rights with
respect to priority as against other claimants, which is a matter for the Court to determine.
RESPONSE TO SUB-PART (e): Claim to Interest; Amount and Basis.
Respondents object to this sub-part to the extent it calls for a final, fixed statement of
interest accrued, as interest continues to accrue on a daily basis and cannot be definitively
quantified until the interpleaded funds are distributed or the obligations are satisfied. Subject to
and without waiving this objection and the General Objections, Respondents respond as follows.
Subject to the foregoing objections, yes, each Respondent claims interest. As set forth in
subpart (a), accrued interest through March 9, 2026 is: WeShield, $988,781.64; Roman
Investments, $145,938.62; MAS USA MGT LLC, $54,448.35; and Michael Sinensky, $78,508.70.
Interest continues to accrue at 0.3% per business day on the outstanding principal balance of each
9
claimallegation
Fairwinds claims $2,348,542 under 3 October 2022 teaming and 7 June 2023 service/supply agreements: prime role or 8% of first 1,000 drones i
Fairwinds claims $2,348,542 under 3 October 2022 teaming and 7 June 2023 service/supply agreements: prime role or 8% of first 1,000 drones if another prime chosen. It says Schmidt's 8 July 2025 invoice-backed spreadsheet acknowledged the amount and promised payment from remaining HII proceeds. These are Fairwinds' statements about Cyberlux's acknowledgement.
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2265
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
HII MISSION TECHNOLOGIES CORP.,
Interpleader Plaintiff
CYBERLUX CORPORATION;
Civil Action No: 3:25-cv-483-JAG
ATLANTIC WAVE HOLDINGS, LLC;
SECURE COMMUNITY, LLC;
LEGALIST SPY III, LP; UNITED
STATES OF AMERICA; ADVANCED
NAVIGATION AND POSITIONING
CORPORATION; and ROBERT W.
BERLETH, solely in his capacity as
Receiver for Cyberlux Corporation,
Interpleader Defendants/Claimants
FAIRWINDS TECHNOLOGIES, LLC'S
RESPONSE TO THE JOINT DISCOVERY PLAN
INTERROGATORY AND DOCUMENT REQUESTS
Now comes Interpleader Defendant/Claimant Fairwinds Technologies, LLC
("Fairwinds), who submits the following responses to the Interrogatory and Document Requests
agreed to by all Parties in the Joint Discovery Plan [Doc. 147] filed with the Court on February
12, 2026, as follows:
INTERROGATORY:
Explain the nature of your claim to any of the proceeds that are the subject of this
interpleader, including an explanation of:
(a) The amount of the proceeds that you claim.
Response:
Cyberlux owes Fairwinds $2,348,542.00.
#111272386v1
claimallegation
Fairwinds says the sum became liquidated around 8 July 2025 and expressly answers none to security/lien/assignment, interest and attorney fe
Fairwinds says the sum became liquidated around 8 July 2025 and expressly answers none to security/lien/assignment, interest and attorney fees; secured-advance dates are not applicable. It cites Fairwinds 0001–0132, not appended here. Thomas Wirth verifies based on existing/discovered records subject to error, with counsel-assisted preparation.
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Response:
The amount was liquidated on or about July 8, 2025, when Cyberlux sent to
Fairwinds a spreadsheet detailing the amount owed to Fairwinds on its commission based
upon the total amount Cyberlux had invoiced HII.
(d) Whether you claim a security interest in, lien on, or assignment of all or any portion of
the proceeds and, if so, provide your claimed priority date and explain the basis for your
security interest, lien, or assignment.
Response:
None.
(e) Whether you claim a right to interest and, if so, the amount and basis for continuing
accrual thereof, if any.
Response:
None.
(f) Whether you claim a right to attorneys' fees and, if so, the basis therefore and the
amount you will claim.
Response:
None.
(g) For any creditor claiming a secured interest, identify the date(s) on which advances
were made to Cyberlux or on its behalf for which any secured interest is claimed.
Response:
Not applicable.
DOCUMENT REQUEST i:
i.
Documents supporting or otherwise concerning your answer to the above
interrogatory.
3
#111272386v1
claimallegation
Berleth responds as Texas-appointed receiver, reserving privilege. He cannot quantify proceeds or final receiver fees because the Texas cour
Berleth responds as Texas-appointed receiver, reserving privilege. He cannot quantify proceeds or final receiver fees because the Texas court has not fixed them. His response proposes representing a consortium beyond the interpleader parties, rather than identifying an entered all-creditor expansion.
Read the anchor · page 137
Case 3:25-cV-00483-JAG
Document 165-1
Filed 04/15/26 Page 137 of 145 PagelD#
2271
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
HII MISSION TECHNOLOGIES CORP.,
Interpleader Plaintiff,
cos cos cos cos cos cos cos
Civil Action No. 3:25-cv-00483-JAG
CYBERLUX CORP., et al.,
Interpleader Defendants/Claimants.
INTERPLEADER DEFENDANT'S, ROBERT W. BERLETH, AS RECEIVER,
RESPONSES TO THE JOINT DISCOVERY PLAN DISCOVERY REQUESTS
Interpleader Defendant/Claimant, Robert W. Berleth, as Receiver (the "Receiver), by
counsel, hereby submits the following responses to the Joint Discovery Plan Order entered on
February 19, 2026 [Doc. 149].
a.
Interrogatory: Explain the nature of your claim to any of the proceeds that are the
subject of this interpleader, including an explanation of: (a) the amount of the proceeds that you
claim; (b) the legal basis for your right to the proceeds; (c) how the amount you claim became a
liquidated amount or, if not liquidated, state so; (d) whether you claim a security interest in, lien
on, or assignment of all or any portion of the proceeds and, if so, provide your claimed priority
date and explain the basis for your security interest, lien, or assignment; (e) whether you claim a
right to interest and, if so, the amount and basis for continuing accrual thereof, if any; (f) whether
you claim a right to attorneys' fees and, if so, the basis therefore and the amount you will claim;
and (g) for any creditor claiming a secured interest, identify the date(s) on which advances were
made to Cyberlux or on its behalf for which any secured interest is claimed
OBJECTION: The Receiver objects to this interrogatory to subparts (a), (b), (d), (e), and
(f) to the extent that they seek disclosure of legal theories, mental impressions, conclusions,
claimallegation
Receiver says an expanded receivership could settle about 20 litigations for several dozen creditors, conditional on Harris County approval.
Receiver says an expanded receivership could settle about 20 litigations for several dozen creditors, conditional on Harris County approval. He asserts possession of drones from as early as 16 January 2025, no later than 22 May, delivery to HII and resulting registry proceeds; those causal assertions remain his position.
Read the anchor · page 139
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 139 of 145 PagelD#
2273
The Receiver is diligently working with these several dozen creditors to bring a stipulated
settlement agreement by the Consortium to the Court for the settlement conference, provided the
Court in Harris County expands the Receivership. The stipulated agreement will contain a
disbursement of the funds being held in the registry of the Court, and will satisfy some ~20
litigations pending across the country. The Receiver's claims are furthered by the agreement of
the Consortium and proposed expansion order of the Receivership to include "all creditors."
Secondly, the Receiver had actual physical possession of the drones and still possesses all
remaining property of Cyberlux as early as January 16, 2025, but not later than May 22, 2025 to
date. The drone assets were carefully inventoried by the Receiver and his staff, then delivered to
HII by the Receiver for payment of the entire Corpus of funds from the federal government
currently being held in the registry of the Court.
The Order Appointing Receiver, pages 18-19, f 53 is instructive when determining the
Receiver's fees and expenses. "Specifically, the Court may award the Receiver 33% of collected
funds should the Receiver collect the full amount of judgmentằ_See Order Appointing Receiver,
pages 18-19, 153. Receiver successfully collected the judgment and he is entitled to at least 25%
and up to 33% of the total amounts collected, including, but not limited to, the Corpus interpleaded
into the registry of the Court, and his expenses that are currently in excess of $550,000.00.
Receiver is entitled to collect his fees and expenses that have not been ruled on by the 129TH
District Court. Providing an amount of legal fees at this time is speculative and any amount stated
in this sub-part is subject to change. Thusly, by a strict interpretation of the Order Appointing
Receiver, the Receiver is therefore entitled 25% of the Corpus as his reasonable fees for work
performed in the collection of the drones which have since been liquidated to the funds held by
the Court's registry.
3
claimallegation
Receiver claims at least 25% and up to 33% of collected funds, expenses exceeding $550,000, and a judicial lien from 16 January 2025, invoki
Receiver claims at least 25% and up to 33% of collected funds, expenses exceeding $550,000, and a judicial lien from 16 January 2025, invoking quoted appointment-order provisions. He states fees/expenses have not been ruled on and claims no interest. Quoted discretionary may-award 33% language is distinct from his asserted entitlement to 25%.
Read the anchor · page 139
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 139 of 145 PagelD#
2273
The Receiver is diligently working with these several dozen creditors to bring a stipulated
settlement agreement by the Consortium to the Court for the settlement conference, provided the
Court in Harris County expands the Receivership. The stipulated agreement will contain a
disbursement of the funds being held in the registry of the Court, and will satisfy some ~20
litigations pending across the country. The Receiver's claims are furthered by the agreement of
the Consortium and proposed expansion order of the Receivership to include "all creditors."
Secondly, the Receiver had actual physical possession of the drones and still possesses all
remaining property of Cyberlux as early as January 16, 2025, but not later than May 22, 2025 to
date. The drone assets were carefully inventoried by the Receiver and his staff, then delivered to
HII by the Receiver for payment of the entire Corpus of funds from the federal government
currently being held in the registry of the Court.
The Order Appointing Receiver, pages 18-19, f 53 is instructive when determining the
Receiver's fees and expenses. "Specifically, the Court may award the Receiver 33% of collected
funds should the Receiver collect the full amount of judgmentằ_See Order Appointing Receiver,
pages 18-19, 153. Receiver successfully collected the judgment and he is entitled to at least 25%
and up to 33% of the total amounts collected, including, but not limited to, the Corpus interpleaded
into the registry of the Court, and his expenses that are currently in excess of $550,000.00.
Receiver is entitled to collect his fees and expenses that have not been ruled on by the 129TH
District Court. Providing an amount of legal fees at this time is speculative and any amount stated
in this sub-part is subject to change. Thusly, by a strict interpretation of the Order Appointing
Receiver, the Receiver is therefore entitled 25% of the Corpus as his reasonable fees for work
performed in the collection of the drones which have since been liquidated to the funds held by
the Court's registry.
3
claimallegation
TAG quote dated 5 September 2023 prices 400 accelerated-production bags at $399 ($159,600), 1,700 at $379 ($644,300), and foam handling/inst
TAG quote dated 5 September 2023 prices 400 accelerated-production bags at $399 ($159,600), 1,700 at $379 ($644,300), and foam handling/installation for 2,100 at $40 ($84,000), totalling $887,900. The image shows a signature mark at acceptance, without a reliably identified signer.
Read the anchor · page 7
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 7 of 145 PagelD#
2141
QUOTE
THIN AIR
BEAR for the long haul
09-05-23
4196 Center Park Orive
Thin Air Gear
Mike Brown
B16 896 5656 Cell
Colorado Springs CO 80916
mikr@thinairgear com
TO
Catalyst Machineworks/Cyberlux
SHIP TO:
6710 Spring Steubner Rd, Suite 709
Catalyst Machineworks/Cyberlux
PMB 103
6710 Spring Steubner Rd, Suite 709
Spnng. TX 77389
PM8 103
Attn. Rick Tucker
Spring, TX 77389
Attr: Rick Tucker
to Days
SHIPPING
METHOD
SHIPPING TERMS
SHIPPING DATE
PAYMENT
TERMS
DUE DATE
Truck
FOB: Colorado
13 10, Ne: 30
ASAP
QTY
ПТЕМ В
DESCRIPTION
UNIT PRICE
DISCOUNT
LINE TOTAL
Wheeled Drone Kit Bag (Prototype/Sampie
DRWTK OCP
Approved)
Acce crated Ramp Up Production 400
$399.00
5159,600.00
Units in 30 days From PO/Deposit Receipt
1,700 DRWTK-OCP
Wheeled Drone Kit Bag (Prototype/Sample
Standard Production - 200 Units Every Two
Approved)
$379.00
Weeks After Accelerated Production
$644.300.00
Additional Assembly - Recelve Faam
2,100
Inserts; Store; Install; Ship Individual
$40.00
Boxes on Pallets
Standard Pallet Shipping Included Bags
Only
1. Deposit Required to Release All
Materials - $150,000.00
2. We will Invoice Per Shipment
3. Terms 1%-N10, N30
$84,000.00
4. Deposit Credit Will Be Applied to
Last 400 Shipped and Invoiced
DISCOUNT
TOTAL
SUBTOTAL
$887,900.00
SALES TAX
TOTAL
$887,900.00
Estimated delivery times quoted above begin after recept of Purchase Order and $.130, 900.00 0
sit
To accept this quotation, sign here and return to mike@thinalrgear. cor
THANK YOU FOR YOUR BUSINESS!
TAG-0005
[Own-image correction: deposit required $150,000.00; total $887,900.00. Acceptance line bears an unidentified signature mark.]
claimallegation
Receiver cites Berleth 0001–1328 as appointment/receivership production, with response and service 9 March 2026. This 145-page compilation d
Receiver cites Berleth 0001–1328 as appointment/receivership production, with response and service 9 March 2026. This 145-page compilation does not append that 1328-page production. Service list identifies creditor counsel; it supplies neither allowed claims nor consortium consent.
Read the anchor · page 140
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 140 of 145 PagelD#
2274
(c) The Receiver's claim is based upon the possession of the physical assets (drones) that
have since been tendered to the federal government and liquidated as the corpus of funds currently
being held in the registry of the Court. Some members of the Consortium have claims for
component part claims.
(d) Pursuant to the Order Appointing Receiver, at pg. 4, 10ithe Receiver will have a
judicial lien on all non-exempt assets of Debtor. ... No one-not even a lien holder with a prior
filed deed of trust-can sell property held in custodia legis by a duly appointed Receiver without
first obtaining approval from the Court in which the Receivership is pending." Citing First
Southern Properties, Inc. v. Vallone, 553 S.W. 2d 339, 343 (Tex. 1976).
(e) The Receiver does not claim interest at this time.
(f) The basis for a claim to attorneys' fees and costs is the damages incurred in the defense
of this matter as the Court appointed receiver, which is a percentage of amounts recovered.
(g) Receiver claims a secured interest by judicial lien as of January 16, 2025.
b. Document Requests:
1.
Documents supporting or otherwise concerning your answer to the above
interrogatory.
Response: Documents pertaining to Robert W. Berleth's appointment as
receiver and documents related to the role as receiver for Cyberlux
Corporation, in the Harris County 129TH District Court, Texas, are being
produced. Responsive documents are produced herewith as Berleth_0001-
Berleth_1328.
4
claimallegation
Exhibit 14 contains only printed page 1 of 8 of Modification 4, effective 26 February 2025, reproduced from TXSD 4:25-cv-01689 ECF 1-2. It r
Exhibit 14 contains only printed page 1 of 8 of Modification 4, effective 26 February 2025, reproduced from TXSD 4:25-cv-01689 ECF 1-2. It recites 29 August 2023 subcontract,22 December 2023 stop work, government termination 13 May 2024 and HII termination 17 May 2024 under section 32.1.
Read the anchor · page 145
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 145 of 145 PagelD#
2279
Case 4:25-ev-01689 Document 1-2 Filed on 04/11/25 in TXSD Page 2 of 9
CONFIDENTIAL INFORMATION
Page 1 of 8
REDACTED
Mission Technologies
Modification No. 4 to Subcontract No. P000043846
To Effectuate a Terminotion Settlement
This Modification No. 4 to Effectuate a Termination Settlement (the "Agreement"), effectiye as of February 26,
2025, is made by and between HII Mission Technologies Corp. ("HI"), a Delaware company with offices locatea
at 8350 Broad St., Suite 1400, McLean, VA 22102, and Cyberlux Corporation (Cyberlux)y a Nevada company
with offices located at 800 Park Offices Drive, Suite 3209, Research Triangle Park, NÇ 27709 (each a "Party," and
collectively, "the Parties").
WHEREAS, the Parties entered into Subcontract No. P000043846, doted Augyst 29, 2023 (the "Subcontract").
issued under HII's Prime Tosk Order 47QFCA22F0039 and Technical Direction Lefter 1-023 (ITDL 231) supporting
the Department of the Navy and the General Services Administration, Federal Systems Integration and
Management Center (each and collectively, the "Government");
WHEREAS, on December 22, 2023, the Government issued a Stop-Work Order on the TDL 23 work scope, and HIl
in turn issued a Stop-Work Order on the Subcontract to Cyberlux (the SWO");
WHEREAS, the Government terminted the TDL 23 work scope Yor convenience on May 13, 2024, and HIl
subsequently exercised the termintion provisions of Subcontract Section 32.1 on May 17, 2024; and
WHEREAS, Cyberlux has asserted entitlement to payment
under Subcontract Section 32.1, and following
negotiation, the Parties now wish to resolve any disagreement and reach a settlement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements exchanged herein and other
good and valuable consideration, the Parties age as follows:
1. Review and Approval.
a. The Parties acknowledge that pursuant to FAR 49.108-3, the Government expects HIl to submit a
subcontractor settlementato
The Government Contracting Officer tor review and opproval.
Accordingly, the Porties agree thot Sections 3 through 6 of this Agreement shall become effective
and enforceable only if and when the Government Contracting Officer approves of the
Agreement.
Following execution of the Agreement, HIl will promptly submit the Agreement to the Government
Contracting Officer as a contractor settlement. Thereofter, HIl will promptly notify Cyberlux if the
Government Contracting Officer approves of the Agreement. The Parties shall cooperate in
good faith, to gotain such approval. In furtherance of that effort, Cyberlux shall cooperate with
any auditor other review directed or conducted by the Government in connection with its review
of this Agreement, including by granting the Government or its designee access to all books,
records, documents, and other information relating to the Subcontract.
2. Stand Still. During the period of the Government's review of the Agreement, neither Party shall file or
otherwise pursue any judicial or other action for money damages against the other with respect to the
Subcontract or termination, unless that Party first confers with the other in good faith to discuss options for
resolution without such action.
A division of HIl
Issued by: Mission Technologies Commana Media
HIl Proprietary
claimallegation
Modification 4 section 1 makes sections 3–6 effective/enforceable only upon government contracting-officer approval; HII undertakes submissi
Modification 4 section 1 makes sections 3–6 effective/enforceable only upon government contracting-officer approval; HII undertakes submission/notification and Cyberlux cooperation/access to books and records. Section 2 requires good-faith conferral before money-damages proceedings during review. Missing pages prevent this excerpt establishing the settlement amount, signatures, approval or complete obligations.
Read the anchor · page 145
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 145 of 145 PagelD#
2279
Case 4:25-ev-01689 Document 1-2 Filed on 04/11/25 in TXSD Page 2 of 9
CONFIDENTIAL INFORMATION
Page 1 of 8
REDACTED
Mission Technologies
Modification No. 4 to Subcontract No. P000043846
To Effectuate a Terminotion Settlement
This Modification No. 4 to Effectuate a Termination Settlement (the "Agreement"), effectiye as of February 26,
2025, is made by and between HII Mission Technologies Corp. ("HI"), a Delaware company with offices locatea
at 8350 Broad St., Suite 1400, McLean, VA 22102, and Cyberlux Corporation (Cyberlux)y a Nevada company
with offices located at 800 Park Offices Drive, Suite 3209, Research Triangle Park, NÇ 27709 (each a "Party," and
collectively, "the Parties").
WHEREAS, the Parties entered into Subcontract No. P000043846, doted Augyst 29, 2023 (the "Subcontract").
issued under HII's Prime Tosk Order 47QFCA22F0039 and Technical Direction Lefter 1-023 (ITDL 231) supporting
the Department of the Navy and the General Services Administration, Federal Systems Integration and
Management Center (each and collectively, the "Government");
WHEREAS, on December 22, 2023, the Government issued a Stop-Work Order on the TDL 23 work scope, and HIl
in turn issued a Stop-Work Order on the Subcontract to Cyberlux (the SWO");
WHEREAS, the Government terminted the TDL 23 work scope Yor convenience on May 13, 2024, and HIl
subsequently exercised the termintion provisions of Subcontract Section 32.1 on May 17, 2024; and
WHEREAS, Cyberlux has asserted entitlement to payment
under Subcontract Section 32.1, and following
negotiation, the Parties now wish to resolve any disagreement and reach a settlement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements exchanged herein and other
good and valuable consideration, the Parties age as follows:
1. Review and Approval.
a. The Parties acknowledge that pursuant to FAR 49.108-3, the Government expects HIl to submit a
subcontractor settlementato
The Government Contracting Officer tor review and opproval.
Accordingly, the Porties agree thot Sections 3 through 6 of this Agreement shall become effective
and enforceable only if and when the Government Contracting Officer approves of the
Agreement.
Following execution of the Agreement, HIl will promptly submit the Agreement to the Government
Contracting Officer as a contractor settlement. Thereofter, HIl will promptly notify Cyberlux if the
Government Contracting Officer approves of the Agreement. The Parties shall cooperate in
good faith, to gotain such approval. In furtherance of that effort, Cyberlux shall cooperate with
any auditor other review directed or conducted by the Government in connection with its review
of this Agreement, including by granting the Government or its designee access to all books,
records, documents, and other information relating to the Subcontract.
2. Stand Still. During the period of the Government's review of the Agreement, neither Party shall file or
otherwise pursue any judicial or other action for money damages against the other with respect to the
Subcontract or termination, unless that Party first confers with the other in good faith to discuss options for
resolution without such action.
A division of HIl
Issued by: Mission Technologies Commana Media
HIl Proprietary
claimallegation
Quote requires a $150,000 deposit to release materials, invoices per shipment, 1%-10/Net 30 terms and deposit credit against the last 400 sh
Quote requires a $150,000 deposit to release materials, invoices per shipment, 1%-10/Net 30 terms and deposit credit against the last 400 shipped/invoiced. Initial 400 units are specified within 30 days of purchase order/deposit, then 200 every two weeks; delivery timing starts after order and deposit.
Read the anchor · page 7
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 7 of 145 PagelD#
2141
QUOTE
THIN AIR
BEAR for the long haul
09-05-23
4196 Center Park Orive
Thin Air Gear
Mike Brown
B16 896 5656 Cell
Colorado Springs CO 80916
mikr@thinairgear com
TO
Catalyst Machineworks/Cyberlux
SHIP TO:
6710 Spring Steubner Rd, Suite 709
Catalyst Machineworks/Cyberlux
PMB 103
6710 Spring Steubner Rd, Suite 709
Spnng. TX 77389
PM8 103
Attn. Rick Tucker
Spring, TX 77389
Attr: Rick Tucker
to Days
SHIPPING
METHOD
SHIPPING TERMS
SHIPPING DATE
PAYMENT
TERMS
DUE DATE
Truck
FOB: Colorado
13 10, Ne: 30
ASAP
QTY
ПТЕМ В
DESCRIPTION
UNIT PRICE
DISCOUNT
LINE TOTAL
Wheeled Drone Kit Bag (Prototype/Sampie
DRWTK OCP
Approved)
Acce crated Ramp Up Production 400
$399.00
5159,600.00
Units in 30 days From PO/Deposit Receipt
1,700 DRWTK-OCP
Wheeled Drone Kit Bag (Prototype/Sample
Standard Production - 200 Units Every Two
Approved)
$379.00
Weeks After Accelerated Production
$644.300.00
Additional Assembly - Recelve Faam
2,100
Inserts; Store; Install; Ship Individual
$40.00
Boxes on Pallets
Standard Pallet Shipping Included Bags
Only
1. Deposit Required to Release All
Materials - $150,000.00
2. We will Invoice Per Shipment
3. Terms 1%-N10, N30
$84,000.00
4. Deposit Credit Will Be Applied to
Last 400 Shipped and Invoiced
DISCOUNT
TOTAL
SUBTOTAL
$887,900.00
SALES TAX
TOTAL
$887,900.00
Estimated delivery times quoted above begin after recept of Purchase Order and $.130, 900.00 0
sit
To accept this quotation, sign here and return to mike@thinalrgear. cor
THANK YOU FOR YOUR BUSINESS!
TAG-0005
[Own-image correction: deposit required $150,000.00; total $887,900.00. Acceptance line bears an unidentified signature mark.]
claimallegation
Invoice 8110 dated 5 September 2023 bills Rick Tucker/Catalyst Machine Works $150,000 deposit for 2,100 bags, due 15 September on Net 10; pu
Invoice 8110 dated 5 September 2023 bills Rick Tucker/Catalyst Machine Works $150,000 deposit for 2,100 bags, due 15 September on Net 10; purchase-order field says verbal/email ATT. It prints a 1.5% monthly late fee. An invoice alone is not proof of receipt of funds.
Read the anchor · page 8
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26
Page 8 of 145 PagelD#
2142
Thin Alr Gear
THIN AIR
4196 Center Park Drive
Colorado Springs, CO 80916
SEAR for the long haul
(719)302-0563
mike@thinairgear.com
http://www.thinairgear.com
INVOICE
BILL TO
SHIP TO
INVOICE # 8110
Rick Tucker
Rick Tucker
DATE 09/05/2023
Catalyst Machine Works
Catalyst Machine Works
DUE DATE 09/15/2023
6710 Spring Steubner Rd,
21631 Ahodes Rd
TERMS Net 10
Suite 709
Suite A105
PMB 103
Spring, TX 77389 USA
Spring, TX 77389 USA
PURCHASE ORDER
Verbal/Email ATT
DESCRIPTION
OTY
RATE
AMOUNT
DEPOSIT
150,000.00
150,000.00
DEPOSIT - 2,100 Drone Kit bag -
Verbal/Email Purchase Order
Banking Information:
Account Holder: Thin Air Gear, LLC
4196 Center Park Drive
Colarado Springs, CO 80916
Bank: First Bank
2 N Cascade Ave., Suite 130
Colorado Springs, CO 80903
ABA ROUNTING NUMBER: 107005047
ACCOUNT NUMBER: 219-120-8114
All Past Due Invoices will be sublect to a 1.5% late fee per month.
BALANCE DUE
$150,000.00
TAG-0006
otherattribution
Borrowers undertake segregated remittance of received eligible-order payments within one business day.
Read the anchor · page 25
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2159
Docusign Envelope: ID: A39ABOEF-BE15-4B0B-8FEF-542FC1B5F558
SECOND AMENDED AND RESTATED GOVERNMENT
local tax requirements not later than the forty fifth (45th)
PURCHASE ORDER FINANCING AGREEMENT
day after the end of each calendar quarter) that Borrower
This Second Amended and Restated Government Purchase Order
keeps in the ordinary course of business in accordance
Financing Agreement ("Agreement) is made effective as of
accepted accounting principles
March 27, 2024 by and between Legalist SPV III, LP ("Lender)
consistently applied, and Borrower shall certify that all
and Cyberlux Corporation and Datron World Communications,
information contained therein is and shall be true and
Inc. (each and together, "Borrower").
correct ("Quarterly Reporting Obligation).
addition to any Quarterly Reporting Obligation,
Lender hereby agrees to provide Borrower the services specified
Borrower further agrees to provide Lender with a copy
in this Agreement and establishes for a period extending one year
of the Borrower's books and records otherwise due in
from the date hereof (the "Facility Maturity Date") a revolving
connection with any Quarterly Reporting Obligation
line of credit for Borrower in the aggregate maximum principal
promptly upon demand at any time upon reasonable
amount of $7,000,000 (the "Credit Limit").
notice to Borrower.
ACCOUNTS MANAGEMENT
By or before fifteen (15) days after the last business day
Borrower shall, before execution of any agreement with
of each month, Lender shall provide to Borrower a monthly report
a government-related customer (including any prime contractor to
(each a 'Loan Report") detailing the current state of Borrower's
such a customer) (each, a "Government Account Debtor") in
account with Lender based upon documentation then provided by
connection with which Borrower desires Lender to provide
Borrower to Lender, including balance, individual transactions,
financing under this Agreement, provide to Lender the
then-available loan amount under the Credit Limit, and related
Government Account Debtor's contact information, material
information. Borrower shall notify Lender within five (S) days of
evidencing any contract with the Goverment Account Debtor,
delivery if it disputes any part of a Loan Report. The Loan Report
and other information that may be requested. Lender may conduct
shall be deemed correct and binding upon Borrower and shall
due diligence of such Government Account Debtor. Lender may
constitute an account stated between the parties hereto unless
establish or modify a maximum credit limit for any Government
Lender receives Borrower's written statement of exceptions
Account Debtor, without waiving its right at any subsequent time
within five (5) days after Borrower's receipt of same.
to terminate or modify any prior acceptance.
Borrower agrees that all invoices to Government
2.
Borrower shall provide to Lender by or before fifteen
Account Debtors shall designate Borrower as the sole named
(15) days after the last business day of each month:
payee together with the following wiring instructions (as
Borrower may update from time to time):
a. Details of all obligations (including, but not limited to,
invoices, aging reports, and related information) of
Bank: Silicon Valley Bank
Government Account Debtors;
Account Name: Legalist SPV III, LP
Account No: I
b. Details of all accounts payable obligations of Borrower
ABA No:
relating thereto;
Borrower further agrees that all payments made
c. A completed Borrowing Base Certificate in the form
hereunder shall be made pursuant to the foregoing wire
attached as Exhibit A;
instructions only. Lender is unable to accept payment by check.
d. If applicable, a completed Request for Disbursement in
If any payment on an Eligible Purchase Order is received
the form attached as Exhibit B; and
by Borrower, it shall:
e. Such other information as Lender may reasonably
a. Hold such payment irrevocably in trust for Lender,
request (collectively, an "Information Request").
separate and apart from Borrower's own funds;
3.
Borrower warrants and guarantees, by submission of an
Deliver such payment within one (1) business day to
Advance Request, that:
Lender pursuant to the wire instructions contained in
a. The services described therein were (or, as applicable,
Section 5 hereinabove; and
shall be) in fact rendered and that the Eligible Purchase
Immediately notify the payee in writing to send future
Orders (defined below) evidenced thereby are and will
payments to Lender pursuant to such wire instructions.
continue to be genuine, bona fide, and collectable and
without right of offset, counterclaim, or right of return or
Borrower shall designate Lender as a point of contact
cancellation; and
with all Government Account Debtors and execute all
authorizations or other documents requested to establish and
b. If it is notified of any dispute, or of any right of offset,
maintain Lender's authority to accept, endorse, and deposit all
counterclaim, or right of return or cancellation against
Government Account Debtor remittances to its own bank account.
any Government Account Debtor's obligation to
Borrower hereby appoints Lender its agent for the purpose of
Borrower, it will immediately notify Lender in writing.
executing all such authorizations and other documents.
In addition to Borrower's obligation to provide a
ADVANCES; COMPENSATION TO LENDER
monthly Information Request to Lender, Borrower
hereby agrees that it shall also furnish Lender with full
Upon Lender's receipt of a request for disbursement, by
financial statements (expressly including proof of
and through the submission of the Request for Disbursement form
payment and/or compliance with all federal, state and/or
attached as Exhibit B, current accounts receivable aging, current
LEGALIST_000001
otherattribution
Borrowers undertake weekly13-week cash forecasting and variance reporting during forbearance.
Read the anchor · page 26
Case 3:25-cv-00483-JAG Document 165-1
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2160
Docusign Envelope ID: A39ABOEF-BE15-4B0B-8FEF-542FC1B5F558
Huntington Bank
accounts payable aging, and any applicable related contracts
Bank:
and/or purchase orders not previously provided to Lender
Account Name: Cyberlux Corporation
(collectively, an "Advance Request") and the completion of
Account No:
Lender's due diligence relating thereto, and the receipt by Lender
ABA No:
of a satisfactory counterparty acknowledgement of an executed
Instrument of Assignment in the form attached as Exhibit C,
9.9 Borrower acknowledges that Events of Default have
Lender shall promptly disburse the requested amount to
occurred and are continuing under Section 21 hereunder,
Borrower, subject to the terms hereof.
including those described in the Notices of Default
LENDER SHALL NOT PROCESS MORE THAN ONE
delivered to Borrower on November 4, 2024 and March
ADVANCE REQUEST PER CALENDAR WEEK.
31, 2025 (collectively, the "Existing Defaults). Subject
to the terms of this Section 9.9, Lender agrees to
Borrower agrees, in consideration for funds loaned to it
temporarily forbear from exercising its rights and
by Lender under this Agreement, to pay to Lender the following
remedies solely with respect to the Existing Detaults.
amounts (pursuant to the wire instructions in Section 5) to be
charged thereon:
As used herein, the "Forbearance Period" means the
period commencing on the Second Amendment Date and
9.1 Subject to the Credit Limit, the total amount of funding
ending on the earlier of (a) the date that is 90 days
available to Borrower hercunder shall be 50% of the face
thereafter, or (b) the occurrence of any Event of Default
value of each eligible purchase order, task order, delivery
(other than the Existing Defaults), unless extended in
order, or statement of work related to
writing by Lender in its sole discretion
government contracts that (x) has not been disqualified
by Lender for credit or other reasons and (y) is not
During the Forbearance Period:
disputed by the Government Account Debtor
(a) Borrower reaffirms its acknowledgment of the
(collectively, the "Eligible Purchase Orders"); less
Existing Defaults and agrees that, pursuant to Section 22,
amounts outstanding hereunder.
default interest shall continue to accrue at a rate of 4.75%
9.2 Interest on outstanding principal balances shall accrue
per Event of Default, for a combined rate of 9.5% per
daily at the U.S. prime rate in effect from time to time
annum, compounded and capitalized monthly;
(divided by 365) plus 0.0164%, with interest accrued in
(b) Borrower shall pay a forbearance fee equal to 1.00%
a given calendar month due and payable in arrears on the
of the Temporary Increase (as defined below), deemed
earlier to occur of the Facility Maturity Date or the last
fully earned as of the Second Amendment Date and
business day of the following month (the earlier of such
capitalized into the principal balance. Such fee shall be
date, the "Advance Maturity Date").
paid in three equal monthly installments commencing on
9.3 Omitted.
the first Advance Maturity Date following the Second
Amendment Date;
9.4 A commitment fee equal to 1.00% of the Credit Limit
shall be deemed fully earned by Lender on the date
(c) The Credit Limit shall be temporarily increased by
hereof and due and payable in 12 equal monthly
$5,300,000 (the "Temporary Increase), resulting in a
installments beginning upon the first Advance Maturity
temporary aggregate Credit Limit of $12,300,000.
Borrower may submit an Advance Request under the
Temporary Increase solely following (i) Lender's prior
9.5 When advanced amounts outstanding hereunder (a) total
written approval, in its sole and absolute discretion, of a
between 50% and 75% of the Credit Limit, the
written statement detailing the intended use of proceeds,
annualized interest rate in Section 9.2 shall be reduced
in form and substance satisfactory to Lender, and (ii)
by 50 basis points and (b) total at least 75% of the Credit
Borrower's delivery of a form of HII Mission
Limit, the annualized interest rate in Section 9.2 shall be
Technologies Corp. ("HIP") Creditor Certification Form
reduced by 75 basis points.
acceptable to Lender, in its sole and absolute discretion.
9.6 Subject to Section 9.9, Borrower's aggregate obligations
For the avoidance of doubt, no Advance Request shall be
hereunder shall not exceed, without Lender's prior
funded unless and until HIll has agreed to the form of
written approval, the Credit Limit. If such obligations
Creditor Certification Form that provides for all amounts
either exceed the Credit Limit or individual advances
payable by HII to be remitted directly to Lender.
exceed the percentages in Section 9.1, Lender shall have
Notwithstanding anything to the contrary herein, Lender
no obligation to further fund until Borrower pays the
may decline to fund any Advance Request under the
amount of excess, which Borrower hereby agrees to pay
Temporary Increase in its sole and absolute discretion,
upon demand.
provided that such discretion shall not be exercised
unreasonably. Upon expiration of the Forbearance
9.7 All amounts described in this Section 9 (together with all
Period, the Credit Limit shall revert to $7,000,000 and
other amounts owing hereunder) not due on an Advance
all outstanding obligations shall be immediately due and
Maturity Date shall be due and payable upon the Facility
payable;
Maturity Date.
(d) Borrower shall deliver to Lender (1) weekly 13-week
9.8 Collections received by Lender in excess of amounts
rolling cash flow forecasts and variance reports, each in
then owed by Borrower will be remitted to Borrower in
form and substance reasonably satisfactory to Lender,
due course pursuant to the following wire instructions:
2
LEGALIST_000002
otherattribution
Cyberlux undertakes cooperation and books/records access for government review of Modification4.
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2279
Case 4:25-ev-01689 Document 1-2 Filed on 04/11/25 in TXSD Page 2 of 9
CONFIDENTIAL INFORMATION
Page 1 of 8
REDACTED
Mission Technologies
Modification No. 4 to Subcontract No. P000043846
To Effectuate a Terminotion Settlement
This Modification No. 4 to Effectuate a Termination Settlement (the "Agreement"), effectiye as of February 26,
2025, is made by and between HII Mission Technologies Corp. ("HI"), a Delaware company with offices locatea
at 8350 Broad St., Suite 1400, McLean, VA 22102, and Cyberlux Corporation (Cyberlux)y a Nevada company
with offices located at 800 Park Offices Drive, Suite 3209, Research Triangle Park, NÇ 27709 (each a "Party," and
collectively, "the Parties").
WHEREAS, the Parties entered into Subcontract No. P000043846, doted Augyst 29, 2023 (the "Subcontract").
issued under HII's Prime Tosk Order 47QFCA22F0039 and Technical Direction Lefter 1-023 (ITDL 231) supporting
the Department of the Navy and the General Services Administration, Federal Systems Integration and
Management Center (each and collectively, the "Government");
WHEREAS, on December 22, 2023, the Government issued a Stop-Work Order on the TDL 23 work scope, and HIl
in turn issued a Stop-Work Order on the Subcontract to Cyberlux (the SWO");
WHEREAS, the Government terminted the TDL 23 work scope Yor convenience on May 13, 2024, and HIl
subsequently exercised the termintion provisions of Subcontract Section 32.1 on May 17, 2024; and
WHEREAS, Cyberlux has asserted entitlement to payment
under Subcontract Section 32.1, and following
negotiation, the Parties now wish to resolve any disagreement and reach a settlement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements exchanged herein and other
good and valuable consideration, the Parties age as follows:
1. Review and Approval.
a. The Parties acknowledge that pursuant to FAR 49.108-3, the Government expects HIl to submit a
subcontractor settlementato
The Government Contracting Officer tor review and opproval.
Accordingly, the Porties agree thot Sections 3 through 6 of this Agreement shall become effective
and enforceable only if and when the Government Contracting Officer approves of the
Agreement.
Following execution of the Agreement, HIl will promptly submit the Agreement to the Government
Contracting Officer as a contractor settlement. Thereofter, HIl will promptly notify Cyberlux if the
Government Contracting Officer approves of the Agreement. The Parties shall cooperate in
good faith, to gotain such approval. In furtherance of that effort, Cyberlux shall cooperate with
any auditor other review directed or conducted by the Government in connection with its review
of this Agreement, including by granting the Government or its designee access to all books,
records, documents, and other information relating to the Subcontract.
2. Stand Still. During the period of the Government's review of the Agreement, neither Party shall file or
otherwise pursue any judicial or other action for money damages against the other with respect to the
Subcontract or termination, unless that Party first confers with the other in good faith to discuss options for
resolution without such action.
A division of HIl
Issued by: Mission Technologies Commana Media
HIl Proprietary
otherattribution
HII undertakes prompt submission and notice concerning government approval.
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Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 145 of 145 PagelD#
2279
Case 4:25-ev-01689 Document 1-2 Filed on 04/11/25 in TXSD Page 2 of 9
CONFIDENTIAL INFORMATION
Page 1 of 8
REDACTED
Mission Technologies
Modification No. 4 to Subcontract No. P000043846
To Effectuate a Terminotion Settlement
This Modification No. 4 to Effectuate a Termination Settlement (the "Agreement"), effectiye as of February 26,
2025, is made by and between HII Mission Technologies Corp. ("HI"), a Delaware company with offices locatea
at 8350 Broad St., Suite 1400, McLean, VA 22102, and Cyberlux Corporation (Cyberlux)y a Nevada company
with offices located at 800 Park Offices Drive, Suite 3209, Research Triangle Park, NÇ 27709 (each a "Party," and
collectively, "the Parties").
WHEREAS, the Parties entered into Subcontract No. P000043846, doted Augyst 29, 2023 (the "Subcontract").
issued under HII's Prime Tosk Order 47QFCA22F0039 and Technical Direction Lefter 1-023 (ITDL 231) supporting
the Department of the Navy and the General Services Administration, Federal Systems Integration and
Management Center (each and collectively, the "Government");
WHEREAS, on December 22, 2023, the Government issued a Stop-Work Order on the TDL 23 work scope, and HIl
in turn issued a Stop-Work Order on the Subcontract to Cyberlux (the SWO");
WHEREAS, the Government terminted the TDL 23 work scope Yor convenience on May 13, 2024, and HIl
subsequently exercised the termintion provisions of Subcontract Section 32.1 on May 17, 2024; and
WHEREAS, Cyberlux has asserted entitlement to payment
under Subcontract Section 32.1, and following
negotiation, the Parties now wish to resolve any disagreement and reach a settlement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements exchanged herein and other
good and valuable consideration, the Parties age as follows:
1. Review and Approval.
a. The Parties acknowledge that pursuant to FAR 49.108-3, the Government expects HIl to submit a
subcontractor settlementato
The Government Contracting Officer tor review and opproval.
Accordingly, the Porties agree thot Sections 3 through 6 of this Agreement shall become effective
and enforceable only if and when the Government Contracting Officer approves of the
Agreement.
Following execution of the Agreement, HIl will promptly submit the Agreement to the Government
Contracting Officer as a contractor settlement. Thereofter, HIl will promptly notify Cyberlux if the
Government Contracting Officer approves of the Agreement. The Parties shall cooperate in
good faith, to gotain such approval. In furtherance of that effort, Cyberlux shall cooperate with
any auditor other review directed or conducted by the Government in connection with its review
of this Agreement, including by granting the Government or its designee access to all books,
records, documents, and other information relating to the Subcontract.
2. Stand Still. During the period of the Government's review of the Agreement, neither Party shall file or
otherwise pursue any judicial or other action for money damages against the other with respect to the
Subcontract or termination, unless that Party first confers with the other in good faith to discuss options for
resolution without such action.
A division of HIl
Issued by: Mission Technologies Commana Media
HIl Proprietary
entityobservation
Anthony R. Gonzalez
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Case 3:25-cv-00483-JAG Document 165-1
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2135
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
HII MISSION TECHNOLOGIES
CORP.,
Plaintiff,
Case No. 3:25-cv-483
V.
CYBERLUX CORP., et al.,
Defendants.
DECLARATION OF ANTHONY R. GONZALEZ
1, Anthony R. Gonzalez, declare as follows:
I am over the age of 18 and competent to make this Declaration. I have personal
knowledge of the facts stated in this Declaration.
2.
I am the 65% Member of Thin Air Gear, LLC ('TAG") and I submit this Declaration
in support of TAG's Motion for Summary Judgment, supporting Memorandum of
Law, and other related filings.
TAG's Contract With Cyberlux
On September 5, 2023, Cyberlux Corporation d/b/a Catalyst Machineworks, LLC, a
wholly owned subsidiary of Cyberlux (collectively, "Cyberlux") entered into a
contract (the "Contract") with TAG to produce 2,100 wheeled drone kit bags (the
"drone kit bags"). A true and correct copy of Contract (TAG 0005-6) is attached
hereto as Exhibit 1.
These drone kit bags were manufactured and sold to Cyberlux pursuant to the
Subcontract between Cyberlux and Plaintiff HII Mission Technologies Corp.'s
1
entityobservation
Strikepoint Consulting LLC
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Docusign Envelope ID: А39AB0EF-BE15-4B0B-8FEF-542FC1B5F558
and (ii) such other information as Lender may reasonably
January 30, 2024 and there bearing case no. 3:24-cv-00196-RBM-
request;
VET, and (b) that certain civil proceeding commenced by the
(e) Solely to implement this Section 9.9 and without
Atlantic Wave Parties against Borrower and Mark D. Schmidt,
waiving any Event of Default, the Facility Maturity Date
removed to the United States District Court for the Southern
shall be deemed extended through the end of the
District of California on or about March 11, 2024 and there
Forbearance Period, unless otherwise agreed by Lender
bearing case no. 3:24-cv-00482-RBM-VET (collectively, the
in writing.
"Atlantic Wave Litigation").
(f) Nothing in this Section 9.9 shall constitute a waiver
12.
Lender shall have the continuing and exclusive right to
of any Event of Default or limit any right or remedy of
reapply or reverse and reapply any payment by or on behalf of
Lender. This forbearance is limited to the terms set forth
Borrower to any portion of Borrower's obligations hereunder if a
herein and may be terminated by Lender upon written
payment or proceeds thereof, or any part thereof, is subsequently
notice following any breach of this Section 9.9 or any
invalidated, declared to be fraudulent or preferential, set aside, or
other provision of this Agreement. Lender reserves the
required to be repaid (including to a trustee, receiver or any other
right to assess additional default interest in accordance
party under any bankruptcy law, state or federal law, common law
with Section 22 for any other Event of Default.
or equitable cause). In such event, to the extent of such amount
received, the obligations hereunder shall be revived and continue
in full force and effect, as if such payment or proceeds had not
COLLATERAL
been received.
Borrower hereby grants to Lender a continuing lien on
13.
Omitted.
and security interest in all assets of Borrower, including its now
existing and hereafter arising rights and interests in the following,
Borrower agrees that its grant of a security interest shall
wherever located: all goods, accounts, accounts receivable,
be resurrected and acknowledges Lender's right to file any
equipment, inventory, contract rights or rights to payment of
financing statement or similar document that may be necessary or
money, leases, license agreements, franchise agreements, general
desirable if any amount is reapplied or reversed under Section 12,
intangibles, commercial tort claims, documents, instruments
even if a prior financing statement has been terminated.
(including any promissory notes), chattel paper (whether tangible
Lender may, in its sole and absolute discretion, require
or electronic), cash, deposit accounts, certificates of deposit,
Government Account Debtors to pay Eligible Purchase Orders
fixtures, letters of credit rights (whether or not the letter of credit
obligations directly to it or an affiliate per Section 5, including (i)
is evidenced by a writing), securities, and all other investment
notify a Government Account Debtor that its account has been
property, supporting obligations, and financial assets; and all
assigned to Lender by Borrower and that payment thereof shall be
Borrower's books relating to the foregoing, and any and all
made to the order of and directly to Lender and (ii) demanding.
claims, rights and interests in any of the above and all
collecting, or enforcing payment thereof.
substitutions for, additions, attachments, accessories, accessions
and improvements to and replacements, products, proceeds and
After an Event of Default, Lender shall be entitled to take
insurance proceeds of any or all of the foregoing (collectively, the
the action set forth above with respect to any Collateral.
"Collateral).
17.
Borrower shall not, without Lender's prior written
Borrower authorizes Lender, at its discretion, to file or record a
consent in each instance (a) grant an extension of time for
financing statement (UCC-1) or any other document necessary or
payment of any Eligible Purchase Order, (b) compromise or settle
desirable to perfect, maintain, or protect Lender's security interest
any Eligible Purchase Order, or (c) grant any credit, discount,
in the Collateral. Borrower agrees to execute and deliver any such
allowance, deduction, return authorization, or the like with respect
documents as may be required by the Lender to facilitate such
to any Eligible Purchase Order. Furthermore, Borrower shall (a)
filing.
use best efforts, and cooperate in good faith as requested by
Lender, to ensure timely collection in full of all Collateral and (b)
Borrower shall not encumber any Collateral except for
take all steps necessary or desirable (including in the performance
the grant description in Section 10. To the extent that a security
of all contracts and other obligations relating to the Collateral) to
interest(s) of a third party predates this Agreement and involves
maximize the value of the Collateral and ensure timely
the Collateral described in Section 10, as a condition to funding
satisfaction of the Borrower's obligations hereunder.
described in Section 9, Borrower shall obtain and provide Lender
with a subordination agreement with respect to the Collateral in
18.
Borrower warrants, represents and/or covenants (as
form and substance acceptable to Lender in its sole discretion
applicable) that:
upon its request, except that Borrower shall not be required to
The Collateral is free and clear of all liens,
obtain any subordination agreement from, or with respect to the
encumbrances, security interests, and adverse claims
alleged liens and/or security interests asserted by, Atlantic Wave
(other than those granted to Lender hereunder), other
Holdings, LLC and/or Secure Community, LLC and/or
than the Atlantic Wave Liens;
Strikepoint Consulting LLC (collectively, theạiAtlantic Wave
Partiesiạ, which asserted liens and/or security interests (the
Borrower acknowledges that it shall not obtain any
"Atlantic Wave Liens") are described in, and disputed in whole
additional financing that is secured by the Collateral after
and/or in part by Borrower in, among other things, (a) that certain
entering ints Agreement.
civil proceeding commenced by the Atlantic Wave Parties against
Initials:
Borrower and Mark D. Schmidt, removed to the United States
District Court for the Southern District of California on or about
LEGALIST_000003
entityobservation
Charles Watts, Jr.
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Case 3:25-cv-00483-JAG Document 165-1
_ Filed 04/15/26 Page 65 of 145 PagelD#
2199
IN WITNESS WHEREOF, and intending to be legally bound, the Parties hereto set
their hands and seals.
Date: 06/15/2023
Theres Watts. Ir, in his canci
• Special Counsel
for Cyberlux Corporation and Vark D. Schmidt
Most D. Schnite
Dare: 06/15/2023
Mark D. Schmidt, individually and on behalf of
Cyberlux Corparation, as its President
Datt
Dale: June 15, 2023
William Welter. as a Managing Director of
Atlantic Wave Holdings, LLC and Secure Community. LLC
STRIKEPOINT CONSULTING, LLÇ
Dale: 6/15/2623
Cheri Nolan. CF1) and Pressient of Strikepout (onsulting. I.
William Welter. Managing Director of Strikepoint Consulting, LLC
Dale: June 15,2027
[Own-image transcription of material signature capacity: Charles Watts, Jr., in his capacity as Special Counsel for Cyberlux Corporation and Mark D. Schmidt. Signatures of Schmidt, Welter and Cheri Nolan are present; dates read June15,2023.]
entityobservation
William Welter
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Filed 04/15/26 Page 83 of 145 PagelD#
2217
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first
above written.
Atlantic Wave Holdings, LLC
By:
Dr Delt
Name:
William Welter
Title:
Managing Director
Secure Community, LLC
on Delt
By:
Name:
William Welter
Title:
Managing Director
Cyberlux Corporation
025-0
By:
Robert Berleth. Court Appointed
Receiver for Cyberlux Corporation
and Mark D. Schmidt
Mark D. Schmidt
SHELS MARLE DAVIS
:. Glate of Texas
xpices 02-25-2029
brary 10 132943751
By:
Robert Berleth. Court Appointed
Receiver for Cyberlux Corporation
and Mark D. Schmidt
entityobservation
Cheri Nolan
Read the anchor · page 65
Case 3:25-cv-00483-JAG Document 165-1
_ Filed 04/15/26 Page 65 of 145 PagelD#
2199
IN WITNESS WHEREOF, and intending to be legally bound, the Parties hereto set
their hands and seals.
Date: 06/15/2023
Theres Watts. Ir, in his canci
• Special Counsel
for Cyberlux Corporation and Vark D. Schmidt
Most D. Schnite
Dare: 06/15/2023
Mark D. Schmidt, individually and on behalf of
Cyberlux Corparation, as its President
Datt
Dale: June 15, 2023
William Welter. as a Managing Director of
Atlantic Wave Holdings, LLC and Secure Community. LLC
STRIKEPOINT CONSULTING, LLÇ
Dale: 6/15/2623
Cheri Nolan. CF1) and Pressient of Strikepout (onsulting. I.
William Welter. Managing Director of Strikepoint Consulting, LLC
Dale: June 15,2027
[Own-image transcription of material signature capacity: Charles Watts, Jr., in his capacity as Special Counsel for Cyberlux Corporation and Mark D. Schmidt. Signatures of Schmidt, Welter and Cheri Nolan are present; dates read June15,2023.]
entityobservation
Clark J. Belote
Read the anchor · page 95
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 95 of 145 PagelD#
2229
Case 3:25-cv-00483-JAG
Document 1-6 Filed 06/24/25 Page 3 of 9 PagelD# 46
Just to clarify one more thing: does AW contend that its claimed security interest in the accounts receivable of
Cyberlux has priority over the claimed security interest of Legalist in Cyberlux's accounts receivable?
Clark J. Belote
EXIBIT
Kaufman & Canoles, P.C.
clark.belote@kaufcan.com
T. (757) 624.3109
KC
F. (888) 360.9092
150 W. Main Street, Suite 2100
Norfolk, VA 23510
KAUFMANS CANOLES
www.kaufCAN.com
Linkedin
From: David A. Walton <dwalton@bellnunnally.com>
Sent: Monday, May 19, 2025 9:56 AM
To: Belote, Clark J. <clark.belote@kaufcan.com; wil|welter@aol.com
Cc: David M. Keithly <dkeithlv@tocounsel.com>; Evan Sherwood <ESherwood@cov.com>; Freling, Scott
<sfreling@cov.com>; Chap Petersen <jcp@petersenfirm.com>
Subject: RE: Atlantic Wave_Letter to HII re Claim to Funds
Clark:
Please feel free to further discuss this issue with Will Welter, copied on this email. You are authorized to speak
with him directly, as needed.
Put simply, yes, Atlantic Wave's position is it has a security interest in debts or claims against Cyberlux over
and above the $1.44mm on the face of the garnishment summons. The settlement agreement between Cyberlux
and Atlantic Wave provides for more than just the actual amount owed under the Amended Final Order and
Judgment, for example, it provides Atlantic Wave the right to repayment of attorneys' fees and costs in any
action caused by a breach of the settlement agreement, and damages associated with the failure to bring
Cyberlux's stock to Pink Current status and to remedy the caveat emptor classification on such stock.
Moreover, the settlement agreement explicitly provides: "Defendants [Cyberlux & Schmidt] agree and grant to
Plaintiff [Atlantic Wave & Secure Community] a full security interest and lien interest in all of Defendants
assets, including but not limited to IP, subsidiaries, contractual rights, accounts receivables, drone sales, etc.,
which may, in Plaintiff's sole discretion, be memorialized through the filing of UCC-1 forms and Liens."
Atlantic Wave contends that Cyberlux has defaulted on the settlement agreement in several respects as set
forth in prior communications and filings, which permits Atlantic Wave to enforce the security interest
(authorized by the settlement agreement) against Cyberlux on the collateral or assets described in the UCC-1
forms. Attached are those UCC-1 forms that were filed in Virginia, Texas, and North Carolina.
Please feel free to call me at your convenience to discuss.
Take care,
David
David A. Walton Partner
IN
BELLNUNNALLY
entityobservation
David A. Walton
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Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 95 of 145 PagelD#
2229
Case 3:25-cv-00483-JAG
Document 1-6 Filed 06/24/25 Page 3 of 9 PagelD# 46
Just to clarify one more thing: does AW contend that its claimed security interest in the accounts receivable of
Cyberlux has priority over the claimed security interest of Legalist in Cyberlux's accounts receivable?
Clark J. Belote
EXIBIT
Kaufman & Canoles, P.C.
clark.belote@kaufcan.com
T. (757) 624.3109
KC
F. (888) 360.9092
150 W. Main Street, Suite 2100
Norfolk, VA 23510
KAUFMANS CANOLES
www.kaufCAN.com
Linkedin
From: David A. Walton <dwalton@bellnunnally.com>
Sent: Monday, May 19, 2025 9:56 AM
To: Belote, Clark J. <clark.belote@kaufcan.com; wil|welter@aol.com
Cc: David M. Keithly <dkeithlv@tocounsel.com>; Evan Sherwood <ESherwood@cov.com>; Freling, Scott
<sfreling@cov.com>; Chap Petersen <jcp@petersenfirm.com>
Subject: RE: Atlantic Wave_Letter to HII re Claim to Funds
Clark:
Please feel free to further discuss this issue with Will Welter, copied on this email. You are authorized to speak
with him directly, as needed.
Put simply, yes, Atlantic Wave's position is it has a security interest in debts or claims against Cyberlux over
and above the $1.44mm on the face of the garnishment summons. The settlement agreement between Cyberlux
and Atlantic Wave provides for more than just the actual amount owed under the Amended Final Order and
Judgment, for example, it provides Atlantic Wave the right to repayment of attorneys' fees and costs in any
action caused by a breach of the settlement agreement, and damages associated with the failure to bring
Cyberlux's stock to Pink Current status and to remedy the caveat emptor classification on such stock.
Moreover, the settlement agreement explicitly provides: "Defendants [Cyberlux & Schmidt] agree and grant to
Plaintiff [Atlantic Wave & Secure Community] a full security interest and lien interest in all of Defendants
assets, including but not limited to IP, subsidiaries, contractual rights, accounts receivables, drone sales, etc.,
which may, in Plaintiff's sole discretion, be memorialized through the filing of UCC-1 forms and Liens."
Atlantic Wave contends that Cyberlux has defaulted on the settlement agreement in several respects as set
forth in prior communications and filings, which permits Atlantic Wave to enforce the security interest
(authorized by the settlement agreement) against Cyberlux on the collateral or assets described in the UCC-1
forms. Attached are those UCC-1 forms that were filed in Virginia, Texas, and North Carolina.
Please feel free to call me at your convenience to discuss.
Take care,
David
David A. Walton Partner
IN
BELLNUNNALLY
entityobservation
Advanced Navigation and Positioning Corporation
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Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 110 of 145 PagelD#
VERIFICATION
Tim Arbogast, being first duly sworn, deposes and says that he is the CFO of
Advanced Navigation and Positioning Corporation, a Delaware corporation, and, as such,
he is authorized to make this oath; that he has read the foregoing and attached Verified
Complaint, and that the same is true of his own personal knowledge except those matters
Advanced Navigation and Positioning Corporation
OFFICIAL STAMP
Emily Joyce
NOTARY PUBLIC - OREGON
By: Tim Arbogast
›, CFO
STATE OF
COUNTY OF
Personally appeared before me, Tim Arbogast, either being personally known to
me or proven by satisfactory evidence (said-evidence being
), and acknowledged that he signed the foregoing document.
This the
5
_day of June
→ 2025.
OFFICIAL STAMP
Notary Publid, MI
уБоусе
Emily Joyce
NOTARY PUBLIC - OREGON
(Type or Print Name)
MY COMMISSION EXPIRES MAY 13, 2029
COMMISSION NO. 1058184
My commission expires:
May 13,2029
(Notary Seal)
6
ANPC_00012
[Own-image correction: verification is on personal knowledge except those matters stated upon information and belief, which he believes to be true. Tim Arbogast signed before Oregon notary Emily Joyce on5 June2025.]
entityobservation
Tim Arbogast
Read the anchor · page 110
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 110 of 145 PagelD#
VERIFICATION
Tim Arbogast, being first duly sworn, deposes and says that he is the CFO of
Advanced Navigation and Positioning Corporation, a Delaware corporation, and, as such,
he is authorized to make this oath; that he has read the foregoing and attached Verified
Complaint, and that the same is true of his own personal knowledge except those matters
Advanced Navigation and Positioning Corporation
OFFICIAL STAMP
Emily Joyce
NOTARY PUBLIC - OREGON
By: Tim Arbogast
›, CFO
STATE OF
COUNTY OF
Personally appeared before me, Tim Arbogast, either being personally known to
me or proven by satisfactory evidence (said-evidence being
), and acknowledged that he signed the foregoing document.
This the
5
_day of June
→ 2025.
OFFICIAL STAMP
Notary Publid, MI
уБоусе
Emily Joyce
NOTARY PUBLIC - OREGON
(Type or Print Name)
MY COMMISSION EXPIRES MAY 13, 2029
COMMISSION NO. 1058184
My commission expires:
May 13,2029
(Notary Seal)
6
ANPC_00012
[Own-image correction: verification is on personal knowledge except those matters stated upon information and belief, which he believes to be true. Tim Arbogast signed before Oregon notary Emily Joyce on5 June2025.]
entityobservation
Assure Global LLC d/b/a WeShield
Read the anchor · page 119
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 119 of 145 PagelD#
2253
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
RICHMOND DIVISION
HII MISSION TECHNOLOGIES CORP.,
Civil Action No. 3:25-cv-483-JAG
Interpleader Plaintiff,
V.
CYBERLUX CORPORATION,
ATLANTIC WAVE HOLDINGS, LLC,
SECURE COMMUNITY, LLC,
LEGALIST SPV III, L.P.,
UNITED STATES OF AMERICA,
ADVANCED NAVIGATION AND
POSITIONING CORPORATION,
ASSURE GLOBAL LLC d/b/a WESHIELD,
ROMAN INVESTMENTS PR LLC,
MAS USA MGT LLC, and
MICHAEL SINENSKY,
And ROBERT W. BERLETH, solely in
his capacity as Receiver for
Cyberlux Corporation,
Interpleader Defendants/Claimants.
JOINT RESPONSES OF INTERVENORS ASSURE GLOBAL LLC d/b/a WESHIELD,
ROMAN INVESTMENTS PR LLC, MAS USA MGT LLC, AND MICHAEL SINENSKY
TO INTERROGATORY REGARDING NATURE OF CLAIM TO INTERPLEADER
PROCEEDS
Pursuant to the Court's Order and the applicable Federal Rules of Civil Procedure,
Intervenors Assure Global LLC d/b/a WeShield ("WeShield"), Roman Investments PR LLC
("Roman Investments"), MAS USA MGT LLC ("MAS") (as assignee of Rosewood Theater LLC),
and Michael Sinensky ("Sinensky") (collectively, "Respondents"), by and through undersigned
1
entityobservation
Roman Investments PR LLC
Read the anchor · page 119
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 119 of 145 PagelD#
2253
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
RICHMOND DIVISION
HII MISSION TECHNOLOGIES CORP.,
Civil Action No. 3:25-cv-483-JAG
Interpleader Plaintiff,
V.
CYBERLUX CORPORATION,
ATLANTIC WAVE HOLDINGS, LLC,
SECURE COMMUNITY, LLC,
LEGALIST SPV III, L.P.,
UNITED STATES OF AMERICA,
ADVANCED NAVIGATION AND
POSITIONING CORPORATION,
ASSURE GLOBAL LLC d/b/a WESHIELD,
ROMAN INVESTMENTS PR LLC,
MAS USA MGT LLC, and
MICHAEL SINENSKY,
And ROBERT W. BERLETH, solely in
his capacity as Receiver for
Cyberlux Corporation,
Interpleader Defendants/Claimants.
JOINT RESPONSES OF INTERVENORS ASSURE GLOBAL LLC d/b/a WESHIELD,
ROMAN INVESTMENTS PR LLC, MAS USA MGT LLC, AND MICHAEL SINENSKY
TO INTERROGATORY REGARDING NATURE OF CLAIM TO INTERPLEADER
PROCEEDS
Pursuant to the Court's Order and the applicable Federal Rules of Civil Procedure,
Intervenors Assure Global LLC d/b/a WeShield ("WeShield"), Roman Investments PR LLC
("Roman Investments"), MAS USA MGT LLC ("MAS") (as assignee of Rosewood Theater LLC),
and Michael Sinensky ("Sinensky") (collectively, "Respondents"), by and through undersigned
1
entityobservation
Thin Air Gear, LLC
Read the anchor · page 1
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 1 of 145 PagelD#
2135
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
HII MISSION TECHNOLOGIES
CORP.,
Plaintiff,
Case No. 3:25-cv-483
V.
CYBERLUX CORP., et al.,
Defendants.
DECLARATION OF ANTHONY R. GONZALEZ
1, Anthony R. Gonzalez, declare as follows:
I am over the age of 18 and competent to make this Declaration. I have personal
knowledge of the facts stated in this Declaration.
2.
I am the 65% Member of Thin Air Gear, LLC ('TAG") and I submit this Declaration
in support of TAG's Motion for Summary Judgment, supporting Memorandum of
Law, and other related filings.
TAG's Contract With Cyberlux
On September 5, 2023, Cyberlux Corporation d/b/a Catalyst Machineworks, LLC, a
wholly owned subsidiary of Cyberlux (collectively, "Cyberlux") entered into a
contract (the "Contract") with TAG to produce 2,100 wheeled drone kit bags (the
"drone kit bags"). A true and correct copy of Contract (TAG 0005-6) is attached
hereto as Exhibit 1.
These drone kit bags were manufactured and sold to Cyberlux pursuant to the
Subcontract between Cyberlux and Plaintiff HII Mission Technologies Corp.'s
1
entityobservation
MAS USA MGT LLC
Read the anchor · page 119
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 119 of 145 PagelD#
2253
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
RICHMOND DIVISION
HII MISSION TECHNOLOGIES CORP.,
Civil Action No. 3:25-cv-483-JAG
Interpleader Plaintiff,
V.
CYBERLUX CORPORATION,
ATLANTIC WAVE HOLDINGS, LLC,
SECURE COMMUNITY, LLC,
LEGALIST SPV III, L.P.,
UNITED STATES OF AMERICA,
ADVANCED NAVIGATION AND
POSITIONING CORPORATION,
ASSURE GLOBAL LLC d/b/a WESHIELD,
ROMAN INVESTMENTS PR LLC,
MAS USA MGT LLC, and
MICHAEL SINENSKY,
And ROBERT W. BERLETH, solely in
his capacity as Receiver for
Cyberlux Corporation,
Interpleader Defendants/Claimants.
JOINT RESPONSES OF INTERVENORS ASSURE GLOBAL LLC d/b/a WESHIELD,
ROMAN INVESTMENTS PR LLC, MAS USA MGT LLC, AND MICHAEL SINENSKY
TO INTERROGATORY REGARDING NATURE OF CLAIM TO INTERPLEADER
PROCEEDS
Pursuant to the Court's Order and the applicable Federal Rules of Civil Procedure,
Intervenors Assure Global LLC d/b/a WeShield ("WeShield"), Roman Investments PR LLC
("Roman Investments"), MAS USA MGT LLC ("MAS") (as assignee of Rosewood Theater LLC),
and Michael Sinensky ("Sinensky") (collectively, "Respondents"), by and through undersigned
1
entityobservation
Michael Sinensky
Read the anchor · page 119
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 119 of 145 PagelD#
2253
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
RICHMOND DIVISION
HII MISSION TECHNOLOGIES CORP.,
Civil Action No. 3:25-cv-483-JAG
Interpleader Plaintiff,
V.
CYBERLUX CORPORATION,
ATLANTIC WAVE HOLDINGS, LLC,
SECURE COMMUNITY, LLC,
LEGALIST SPV III, L.P.,
UNITED STATES OF AMERICA,
ADVANCED NAVIGATION AND
POSITIONING CORPORATION,
ASSURE GLOBAL LLC d/b/a WESHIELD,
ROMAN INVESTMENTS PR LLC,
MAS USA MGT LLC, and
MICHAEL SINENSKY,
And ROBERT W. BERLETH, solely in
his capacity as Receiver for
Cyberlux Corporation,
Interpleader Defendants/Claimants.
JOINT RESPONSES OF INTERVENORS ASSURE GLOBAL LLC d/b/a WESHIELD,
ROMAN INVESTMENTS PR LLC, MAS USA MGT LLC, AND MICHAEL SINENSKY
TO INTERROGATORY REGARDING NATURE OF CLAIM TO INTERPLEADER
PROCEEDS
Pursuant to the Court's Order and the applicable Federal Rules of Civil Procedure,
Intervenors Assure Global LLC d/b/a WeShield ("WeShield"), Roman Investments PR LLC
("Roman Investments"), MAS USA MGT LLC ("MAS") (as assignee of Rosewood Theater LLC),
and Michael Sinensky ("Sinensky") (collectively, "Respondents"), by and through undersigned
1
entityobservation
Fairwinds Technologies, LLC
Read the anchor · page 131
Case 3:25-cV-00483-JAG
Document 165-1
Filed 04/15/26 Page 131 of 145 PagelD#
2265
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
HII MISSION TECHNOLOGIES CORP.,
Interpleader Plaintiff
CYBERLUX CORPORATION;
Civil Action No: 3:25-cv-483-JAG
ATLANTIC WAVE HOLDINGS, LLC;
SECURE COMMUNITY, LLC;
LEGALIST SPY III, LP; UNITED
STATES OF AMERICA; ADVANCED
NAVIGATION AND POSITIONING
CORPORATION; and ROBERT W.
BERLETH, solely in his capacity as
Receiver for Cyberlux Corporation,
Interpleader Defendants/Claimants
FAIRWINDS TECHNOLOGIES, LLC'S
RESPONSE TO THE JOINT DISCOVERY PLAN
INTERROGATORY AND DOCUMENT REQUESTS
Now comes Interpleader Defendant/Claimant Fairwinds Technologies, LLC
("Fairwinds), who submits the following responses to the Interrogatory and Document Requests
agreed to by all Parties in the Joint Discovery Plan [Doc. 147] filed with the Court on February
12, 2026, as follows:
INTERROGATORY:
Explain the nature of your claim to any of the proceeds that are the subject of this
interpleader, including an explanation of:
(a) The amount of the proceeds that you claim.
Response:
Cyberlux owes Fairwinds $2,348,542.00.
#111272386v1
entityobservation
Thomas Wirth
Read the anchor · page 135
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 135 of 145 PagelD#
CERTIFICATION
I, Thomas Wirth, General Counsel of Fairwinds Technologies LLC, declare under penalty
of perjury under the laws of the United States of America that: I am duly authorized to verify the
foregoing interrogatory responses and document requests on behalf of Fairwinds Technologies,
LLC; that the information contained in the foregoing responses has been collected and the
responses prepared with the advice and assistance of counsel; and that, subject to any inadvertent
or undiscovered errors, and based on the records and information still in existence and thus far
discovered, the foregoing responses are true and correct.
Thomas O. Wish
THOMAS WIRTH, Esq.
General Counsel of Fairwinds Technologies, LLC
5
#111272386vl
entityobservation
Robert W. Berleth
Read the anchor · page 82
Case 3:25-cv-00483-JAG Document 165-1 _ Filed 04/15/26 Page 82 of 145 PagelD#
2216
21. Notices: All notices, requests, demands. and other communications required or permitted
to be given under this Agreement shall be in writing and shall be deemed to have been duly
given if sent by certified or registered mail, return receipt requested, and by email with
confimation of receipt, to the Parties at the following addresses or to such other addresses
as the Parties may designate in writing:
• Atlantic Wave Holdings, LLC and Secure Community, LIC:
4201 Wilson Blvd, 3 Floor
Arlington, VA 22203
Will Welteribaul.com
With copies to:
Charles Gavin, Esq.
15271 River's Bend Boulevard
Chester, Virginia 23836
Richmond. VA
cgavint@rudvcovner.com
• Cyberlux Corporation:
Robert W. Berleth, Esq.
9950 Cypresswood Dr. Suite 200
Houston. TX 77070
Telephone: 713-588-6900
E-mail: rberleth@berlethlaw.com
Keceiver for Defendant
• Mark D. Schmidt:
Robert W. Berleth, Esquire
9950 Cypresswood Dr.. Suite 200
Houston, TX 77070
Telephone: 713-588-6900
E-mail: rberleth/@berlethlaw.com
Receiver for Defendant
Signatures to appear on the next page
entityobservation
HII Mission Technologies Corp.
Read the anchor · page 1
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 1 of 145 PagelD#
2135
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
HII MISSION TECHNOLOGIES
CORP.,
Plaintiff,
Case No. 3:25-cv-483
V.
CYBERLUX CORP., et al.,
Defendants.
DECLARATION OF ANTHONY R. GONZALEZ
1, Anthony R. Gonzalez, declare as follows:
I am over the age of 18 and competent to make this Declaration. I have personal
knowledge of the facts stated in this Declaration.
2.
I am the 65% Member of Thin Air Gear, LLC ('TAG") and I submit this Declaration
in support of TAG's Motion for Summary Judgment, supporting Memorandum of
Law, and other related filings.
TAG's Contract With Cyberlux
On September 5, 2023, Cyberlux Corporation d/b/a Catalyst Machineworks, LLC, a
wholly owned subsidiary of Cyberlux (collectively, "Cyberlux") entered into a
contract (the "Contract") with TAG to produce 2,100 wheeled drone kit bags (the
"drone kit bags"). A true and correct copy of Contract (TAG 0005-6) is attached
hereto as Exhibit 1.
These drone kit bags were manufactured and sold to Cyberlux pursuant to the
Subcontract between Cyberlux and Plaintiff HII Mission Technologies Corp.'s
1
entityobservation
Rick Tucker
Read the anchor · page 8
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26
Page 8 of 145 PagelD#
2142
Thin Alr Gear
THIN AIR
4196 Center Park Drive
Colorado Springs, CO 80916
SEAR for the long haul
(719)302-0563
mike@thinairgear.com
http://www.thinairgear.com
INVOICE
BILL TO
SHIP TO
INVOICE # 8110
Rick Tucker
Rick Tucker
DATE 09/05/2023
Catalyst Machine Works
Catalyst Machine Works
DUE DATE 09/15/2023
6710 Spring Steubner Rd,
21631 Ahodes Rd
TERMS Net 10
Suite 709
Suite A105
PMB 103
Spring, TX 77389 USA
Spring, TX 77389 USA
PURCHASE ORDER
Verbal/Email ATT
DESCRIPTION
OTY
RATE
AMOUNT
DEPOSIT
150,000.00
150,000.00
DEPOSIT - 2,100 Drone Kit bag -
Verbal/Email Purchase Order
Banking Information:
Account Holder: Thin Air Gear, LLC
4196 Center Park Drive
Colarado Springs, CO 80916
Bank: First Bank
2 N Cascade Ave., Suite 130
Colorado Springs, CO 80903
ABA ROUNTING NUMBER: 107005047
ACCOUNT NUMBER: 219-120-8114
All Past Due Invoices will be sublect to a 1.5% late fee per month.
BALANCE DUE
$150,000.00
TAG-0006
entityobservation
Cyberlux Corporation
Read the anchor · page 1
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 1 of 145 PagelD#
2135
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
HII MISSION TECHNOLOGIES
CORP.,
Plaintiff,
Case No. 3:25-cv-483
V.
CYBERLUX CORP., et al.,
Defendants.
DECLARATION OF ANTHONY R. GONZALEZ
1, Anthony R. Gonzalez, declare as follows:
I am over the age of 18 and competent to make this Declaration. I have personal
knowledge of the facts stated in this Declaration.
2.
I am the 65% Member of Thin Air Gear, LLC ('TAG") and I submit this Declaration
in support of TAG's Motion for Summary Judgment, supporting Memorandum of
Law, and other related filings.
TAG's Contract With Cyberlux
On September 5, 2023, Cyberlux Corporation d/b/a Catalyst Machineworks, LLC, a
wholly owned subsidiary of Cyberlux (collectively, "Cyberlux") entered into a
contract (the "Contract") with TAG to produce 2,100 wheeled drone kit bags (the
"drone kit bags"). A true and correct copy of Contract (TAG 0005-6) is attached
hereto as Exhibit 1.
These drone kit bags were manufactured and sold to Cyberlux pursuant to the
Subcontract between Cyberlux and Plaintiff HII Mission Technologies Corp.'s
1
entityobservation
Datron World Communications, Inc.
Read the anchor · page 31
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 31 of 145 PagelD#
2165
Docusign Envelope ID: A39AB0EF-BE15-4B0B-8FEF-542FC1B5F558
New York. The parties hereby irrevocably submit to the exclusive
IN WITNESS WHEREOF, the undersigned have duly executed
jurisdiction of such courts and waive any objection to the venue
this Agreement as of the first date written above.
or jurisdiction based on forum non conveniens or any other
grounds.
LENDER:
The parties intend, and Borrower hereby acknowledges
LEGALIST SEV III, LP
and agrees, that this Agreement (including any and all obligations
By
to repay amounts advanced hereunder, whether principal, interest,
Name: Brian T. Rice
HOL..
fees, costs, or otherwise) constitutes an instrument for the
Title: Authorized Signatory
payment of money only, within the meaning of New York Civil
Address: 58 West Portal Ave. #747
Practice Law and Rules ( CPLR) 3213. If Borrower fails to
San Francisco, CA 94127
make any such payment when due under this Agreement, Lender
Email: receivables(@legalist.com
shall be entitled to move for relief under CPLR 3213, and
Borrower expressly waives any defense thereunder except for
BORROWER:
proof of payment.
CYBERLUX CORPORATION
Service of any notice under this Agreement may occur
Mark V. Semidt
by electronic mail.
Name: Mark D. Schmidt
AUTHORITY AND EFFECTIVENESS
Title: President and CEO
Address: 800 Park Offices Dr., Ste. 3209
Borrower hereby represents that it is a duly authorized
Research Triangle, NC 27709
and existing entity in good standing under the laws of the
Email: mschmidt@cyberlux.com
jurisdiction of organization set forth on the signature page. The
execution, delivery, and performance hereof and the other
Jurisdiction of Organization:
documents hereby contemplated are, and shall remain, within
North Carolina
Borrower's powers, have been duly authorized, and are not in
contravention of any law, rule, or regulation, or the terms of any
contract, agreement or undertaking to which Borrower is a party
DA RAN 9. SEMMUNICATIONS, INC.
or by which it is bound.
Name: Mark D. Schmidt
MISCELLANEOUS
Title:
38.
Each party represents to the other parties that it (a) has
Address: 995 Joshua Way, Ste. A
read this agreement, (b) has been represented in the preparation,
Vista, CA 92081
negotiation. and execution of this Agreement by legal counsel of
Email: mschmidt@cyberlux.com
the party's own choice or has voluntarily declined to seek such
Jurisdiction of Organization:
counsel; (c) understands the terms and consequences of this
California
Agreement; and (d) is fully aware of the legal and binding effect
of this Agreement.
This agreement supersedes all prior or contemporaneous
agreements and understandings between the parties, verbal or
written, express or implied, relating to the subject matter hereof.
4/29/2025
_ (the "Second Amendment
Date"), that certain Amended and Restated Government Purchase
Order Financing Agreement dated March 27, 2024 by and
between Legalist SPV III, LP and Cyberlux Corporation and
Datron World Communications, Inc. shall be amended, restated,
and superseded in its entirety by this Agreement.
LEGALIST 000007
entityobservation
Legalist SPV III, LP
Read the anchor · page 31
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 31 of 145 PagelD#
2165
Docusign Envelope ID: A39AB0EF-BE15-4B0B-8FEF-542FC1B5F558
New York. The parties hereby irrevocably submit to the exclusive
IN WITNESS WHEREOF, the undersigned have duly executed
jurisdiction of such courts and waive any objection to the venue
this Agreement as of the first date written above.
or jurisdiction based on forum non conveniens or any other
grounds.
LENDER:
The parties intend, and Borrower hereby acknowledges
LEGALIST SEV III, LP
and agrees, that this Agreement (including any and all obligations
By
to repay amounts advanced hereunder, whether principal, interest,
Name: Brian T. Rice
HOL..
fees, costs, or otherwise) constitutes an instrument for the
Title: Authorized Signatory
payment of money only, within the meaning of New York Civil
Address: 58 West Portal Ave. #747
Practice Law and Rules ( CPLR) 3213. If Borrower fails to
San Francisco, CA 94127
make any such payment when due under this Agreement, Lender
Email: receivables(@legalist.com
shall be entitled to move for relief under CPLR 3213, and
Borrower expressly waives any defense thereunder except for
BORROWER:
proof of payment.
CYBERLUX CORPORATION
Service of any notice under this Agreement may occur
Mark V. Semidt
by electronic mail.
Name: Mark D. Schmidt
AUTHORITY AND EFFECTIVENESS
Title: President and CEO
Address: 800 Park Offices Dr., Ste. 3209
Borrower hereby represents that it is a duly authorized
Research Triangle, NC 27709
and existing entity in good standing under the laws of the
Email: mschmidt@cyberlux.com
jurisdiction of organization set forth on the signature page. The
execution, delivery, and performance hereof and the other
Jurisdiction of Organization:
documents hereby contemplated are, and shall remain, within
North Carolina
Borrower's powers, have been duly authorized, and are not in
contravention of any law, rule, or regulation, or the terms of any
contract, agreement or undertaking to which Borrower is a party
DA RAN 9. SEMMUNICATIONS, INC.
or by which it is bound.
Name: Mark D. Schmidt
MISCELLANEOUS
Title:
38.
Each party represents to the other parties that it (a) has
Address: 995 Joshua Way, Ste. A
read this agreement, (b) has been represented in the preparation,
Vista, CA 92081
negotiation. and execution of this Agreement by legal counsel of
Email: mschmidt@cyberlux.com
the party's own choice or has voluntarily declined to seek such
Jurisdiction of Organization:
counsel; (c) understands the terms and consequences of this
California
Agreement; and (d) is fully aware of the legal and binding effect
of this Agreement.
This agreement supersedes all prior or contemporaneous
agreements and understandings between the parties, verbal or
written, express or implied, relating to the subject matter hereof.
4/29/2025
_ (the "Second Amendment
Date"), that certain Amended and Restated Government Purchase
Order Financing Agreement dated March 27, 2024 by and
between Legalist SPV III, LP and Cyberlux Corporation and
Datron World Communications, Inc. shall be amended, restated,
and superseded in its entirety by this Agreement.
LEGALIST 000007
entityobservation
Mark D. Schmidt
Read the anchor · page 31
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 31 of 145 PagelD#
2165
Docusign Envelope ID: A39AB0EF-BE15-4B0B-8FEF-542FC1B5F558
New York. The parties hereby irrevocably submit to the exclusive
IN WITNESS WHEREOF, the undersigned have duly executed
jurisdiction of such courts and waive any objection to the venue
this Agreement as of the first date written above.
or jurisdiction based on forum non conveniens or any other
grounds.
LENDER:
The parties intend, and Borrower hereby acknowledges
LEGALIST SEV III, LP
and agrees, that this Agreement (including any and all obligations
By
to repay amounts advanced hereunder, whether principal, interest,
Name: Brian T. Rice
HOL..
fees, costs, or otherwise) constitutes an instrument for the
Title: Authorized Signatory
payment of money only, within the meaning of New York Civil
Address: 58 West Portal Ave. #747
Practice Law and Rules ( CPLR) 3213. If Borrower fails to
San Francisco, CA 94127
make any such payment when due under this Agreement, Lender
Email: receivables(@legalist.com
shall be entitled to move for relief under CPLR 3213, and
Borrower expressly waives any defense thereunder except for
BORROWER:
proof of payment.
CYBERLUX CORPORATION
Service of any notice under this Agreement may occur
Mark V. Semidt
by electronic mail.
Name: Mark D. Schmidt
AUTHORITY AND EFFECTIVENESS
Title: President and CEO
Address: 800 Park Offices Dr., Ste. 3209
Borrower hereby represents that it is a duly authorized
Research Triangle, NC 27709
and existing entity in good standing under the laws of the
Email: mschmidt@cyberlux.com
jurisdiction of organization set forth on the signature page. The
execution, delivery, and performance hereof and the other
Jurisdiction of Organization:
documents hereby contemplated are, and shall remain, within
North Carolina
Borrower's powers, have been duly authorized, and are not in
contravention of any law, rule, or regulation, or the terms of any
contract, agreement or undertaking to which Borrower is a party
DA RAN 9. SEMMUNICATIONS, INC.
or by which it is bound.
Name: Mark D. Schmidt
MISCELLANEOUS
Title:
38.
Each party represents to the other parties that it (a) has
Address: 995 Joshua Way, Ste. A
read this agreement, (b) has been represented in the preparation,
Vista, CA 92081
negotiation. and execution of this Agreement by legal counsel of
Email: mschmidt@cyberlux.com
the party's own choice or has voluntarily declined to seek such
Jurisdiction of Organization:
counsel; (c) understands the terms and consequences of this
California
Agreement; and (d) is fully aware of the legal and binding effect
of this Agreement.
This agreement supersedes all prior or contemporaneous
agreements and understandings between the parties, verbal or
written, express or implied, relating to the subject matter hereof.
4/29/2025
_ (the "Second Amendment
Date"), that certain Amended and Restated Government Purchase
Order Financing Agreement dated March 27, 2024 by and
between Legalist SPV III, LP and Cyberlux Corporation and
Datron World Communications, Inc. shall be amended, restated,
and superseded in its entirety by this Agreement.
LEGALIST 000007
entityobservation
Brian T. Rice
Read the anchor · page 31
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 31 of 145 PagelD#
2165
Docusign Envelope ID: A39AB0EF-BE15-4B0B-8FEF-542FC1B5F558
New York. The parties hereby irrevocably submit to the exclusive
IN WITNESS WHEREOF, the undersigned have duly executed
jurisdiction of such courts and waive any objection to the venue
this Agreement as of the first date written above.
or jurisdiction based on forum non conveniens or any other
grounds.
LENDER:
The parties intend, and Borrower hereby acknowledges
LEGALIST SEV III, LP
and agrees, that this Agreement (including any and all obligations
By
to repay amounts advanced hereunder, whether principal, interest,
Name: Brian T. Rice
HOL..
fees, costs, or otherwise) constitutes an instrument for the
Title: Authorized Signatory
payment of money only, within the meaning of New York Civil
Address: 58 West Portal Ave. #747
Practice Law and Rules ( CPLR) 3213. If Borrower fails to
San Francisco, CA 94127
make any such payment when due under this Agreement, Lender
Email: receivables(@legalist.com
shall be entitled to move for relief under CPLR 3213, and
Borrower expressly waives any defense thereunder except for
BORROWER:
proof of payment.
CYBERLUX CORPORATION
Service of any notice under this Agreement may occur
Mark V. Semidt
by electronic mail.
Name: Mark D. Schmidt
AUTHORITY AND EFFECTIVENESS
Title: President and CEO
Address: 800 Park Offices Dr., Ste. 3209
Borrower hereby represents that it is a duly authorized
Research Triangle, NC 27709
and existing entity in good standing under the laws of the
Email: mschmidt@cyberlux.com
jurisdiction of organization set forth on the signature page. The
execution, delivery, and performance hereof and the other
Jurisdiction of Organization:
documents hereby contemplated are, and shall remain, within
North Carolina
Borrower's powers, have been duly authorized, and are not in
contravention of any law, rule, or regulation, or the terms of any
contract, agreement or undertaking to which Borrower is a party
DA RAN 9. SEMMUNICATIONS, INC.
or by which it is bound.
Name: Mark D. Schmidt
MISCELLANEOUS
Title:
38.
Each party represents to the other parties that it (a) has
Address: 995 Joshua Way, Ste. A
read this agreement, (b) has been represented in the preparation,
Vista, CA 92081
negotiation. and execution of this Agreement by legal counsel of
Email: mschmidt@cyberlux.com
the party's own choice or has voluntarily declined to seek such
Jurisdiction of Organization:
counsel; (c) understands the terms and consequences of this
California
Agreement; and (d) is fully aware of the legal and binding effect
of this Agreement.
This agreement supersedes all prior or contemporaneous
agreements and understandings between the parties, verbal or
written, express or implied, relating to the subject matter hereof.
4/29/2025
_ (the "Second Amendment
Date"), that certain Amended and Restated Government Purchase
Order Financing Agreement dated March 27, 2024 by and
between Legalist SPV III, LP and Cyberlux Corporation and
Datron World Communications, Inc. shall be amended, restated,
and superseded in its entirety by this Agreement.
LEGALIST 000007
entityobservation
Atlantic Wave Holdings, LLC
Read the anchor · page 47
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 47 of 145 PagelD#
2181
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
HII MISSION TEHNOLOGIES CORP.,
Interpleader Plaintiff,
Case Number: 3:25cv483
ATLANTIC WAVE HOLDINGS, LLC, et al.,
Interpleader Defendants/Claimants.
RESPONSE TO INTERROGATORY NUMBER 6
Comes now your Interpleader Defendants, Atlantic Wave Holdings, LLC and Secure
Community, LLC, (jointly as "A WH') and in Response to Interpleader Defendant Cyberlux
Corporation's ("CYBL') Interrogatory number 6 under the Joint Discovery Plan, hereby answers
as follows:
Interrogatory:
6(a). Explain the nature of your claim to any of the proceeds that are the subject of this
interpleader, including an explanation of (a) the amount of the proceeds that you claim;
AWH is a Virginia limited liability company AWH is the sole owner of your Co
Interpleader Defendant, Secure Community, LLC ("SC'). Accordingly, while each a party, A WH
and SC have the same claims and are not independent of one another seeking a double recovery.
2.
AWH and SC initiated a claim against CYBL and Mark Schmidt, individually, in
the Richmond Circuit Court as CL22-3882 based CYBL's breach of an acquisition agreement,
requiring CYBL to 1) pay AWH certain monetary sums and 2) to provide Marketable Trading"
CYBL stock.
3.
Following extended litigation, the parties entered into a settlement agreement ("the
Settlement Agreemenằ_ dated June 15, 2023, in which CYBL and Schmidt agreed inter alia to
make a series of payments to AWH and SC and, notably, to bring the CYBL stock marketable
by a certain date. The Settlement Agreement is produced as Exhibit A.
entityobservation
Secure Community, LLC
Read the anchor · page 47
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 47 of 145 PagelD#
2181
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
HII MISSION TEHNOLOGIES CORP.,
Interpleader Plaintiff,
Case Number: 3:25cv483
ATLANTIC WAVE HOLDINGS, LLC, et al.,
Interpleader Defendants/Claimants.
RESPONSE TO INTERROGATORY NUMBER 6
Comes now your Interpleader Defendants, Atlantic Wave Holdings, LLC and Secure
Community, LLC, (jointly as "A WH') and in Response to Interpleader Defendant Cyberlux
Corporation's ("CYBL') Interrogatory number 6 under the Joint Discovery Plan, hereby answers
as follows:
Interrogatory:
6(a). Explain the nature of your claim to any of the proceeds that are the subject of this
interpleader, including an explanation of (a) the amount of the proceeds that you claim;
AWH is a Virginia limited liability company AWH is the sole owner of your Co
Interpleader Defendant, Secure Community, LLC ("SC'). Accordingly, while each a party, A WH
and SC have the same claims and are not independent of one another seeking a double recovery.
2.
AWH and SC initiated a claim against CYBL and Mark Schmidt, individually, in
the Richmond Circuit Court as CL22-3882 based CYBL's breach of an acquisition agreement,
requiring CYBL to 1) pay AWH certain monetary sums and 2) to provide Marketable Trading"
CYBL stock.
3.
Following extended litigation, the parties entered into a settlement agreement ("the
Settlement Agreemenằ_ dated June 15, 2023, in which CYBL and Schmidt agreed inter alia to
make a series of payments to AWH and SC and, notably, to bring the CYBL stock marketable
by a certain date. The Settlement Agreement is produced as Exhibit A.
eventattribution
AW/SC/Strikepoint and Cyberlux/Schmidt execute original settlement.
Read the anchor · page 54
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 54 of 145 PagelD#
2188
Cyberlux Settlement Agreement Final
002 - 1pdf
file: C: lisers willu Downlaaas:Cy berlux Settlement_Agreement...
EXHIBIT
SETTLEMENT AGREEMENT
This Senlement Agreement (theiAgreement") is made as of this 15thth day of June 2023,
by nd between ATLANTIC WAVE HOLDINGS. LLC. SECURE COMMUNITY, LLO
(collectively, "Plaintiffs"), CYBERLUX CORPORATION AND MARK D. SCHMIDT
(collectively, Defendants). and STRIKEPOINT CONSULTING, LLC ("Strikepoint") a
separate party with some common interest holders to the Plaintifts. Plaimifts, Defendants, and
Strikepoint shall collectively be referred to as the Parties to this Agreement" and Plaintiffs and
Defendants shall collecuvely be referred to as "Parties to the Litigation.
RECITALS
WHEREAS, Plaintiffs and Defendants entered into an agreement on October 8, 2021,
which compensated Plaintiffs for the reacquisition by Defendant Cyberlux of certain intellectual
property in exchange for certain installment payments of fixed liquidated sums by Defendants to
Plaintiffs and Freely Trading stock. which had fallen into arrears ("the IP Agreement):
WHEREAS, on September 24, 2021. an agreement was executed between an entity
described as "Strikepoints Consulting. LLC" and Defendant Cyberlux Corporation for certain
consulting services (theiStikepoint Consulting Agreement"), which called for, inter alia,
installment payments of fixed liquidated sums owed by Defendants to Plaintiff, which also fell into
arrears:
WHEREAS, Plaintiffs filed its Complaint for breach of said agreements in the Circuit Court
of the City of Richınond, Virginia (the "Courti), against Defendants in the civil action titled,
Atlantic Wave Holdings, LEC and Secure Community, LLC V. Cybertus Corporation and Mark D.
Schmidt (Case No. CL22-3882) (the "Litigation"]. which remains pending:
WITEREAS. the Parties to this Agreement desire to resolve and settle any and all existing
disputes between the Plantifts and Defendants and between Strikepoint and Defendants to
climate uncertainty and facilitate finat resolution of their respective relationships between the
parties; and
1 01 15
G/15/2023, 5:50 PM
eventattribution
AW/SC receiver settlement dated2 September2025.
Read the anchor · page 79
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 79 of 145 PagelD#
2213
EXHIBIT
tabbles
SETTLEMENT AGREEMENT
This Settlement Agreement (Agreement) is made and entered into on this the 2nd" day of
September 2025 by and among Atlantic Wave Holdings, LLC (I AWHI), Secure Community, LLC
("SC'), Cyberlux Corporation ("Cyberlux"), and Mark D. Schmidt ("Schmidt") collectively
referred to as the "Parties."
RECITALS
WHEREAS in Case No.: 2400-3910, Plaintiffs filed their Complaint on September 9, 2024.
WHEREAS UCC liens were filed in the Commonwealth of Virginia and the States of North
Carolina and Texas on July 6, 2023, specifically for the Drone receivables.
WHEREAS case no.: 2400-3910 was brought as a result of the alleged breach by Defendants of a
settlement agreement between the parties. The Settlement Agreement, among other things
includes:
A. The Recitals State:
WHEREAS, the Porties to this Agreement have been told by Cyberlux for more than six
(6) months that Cyberlux anticipates a significant cash flow connected with the sales of
certain arone products.
and:
B. Paragraphs 4(b) and 4(c) state:
Defendants agree to accelerate and pay the full outstanding balance of all
stits owed under the consent Judgment up to a total of FIVE THOUSAND
DOLLARS (S.5,000) per drone sold within twenty-one (21) days of Defendants, or
any parent's, subsidiary's, affiliate is, or assign's first receipt of payment for any
contract to purchase drone aircraft.
WHEREAS the Settlement Agreement was intended to secure Judgment-Creditor's security
interest in the HII MISSION TECHNOLOGIES CORP ("HII") drone contract receivables.
WHEREAS the Settlement Agreement also required Judgment-Debtors to make the Cyberlux
stock marketable by December 31, 2023. Judgment-Debtors have admitted within all their
pleadings that they did not make the stock marketable (by removing the Caveat Emptor status) by
December 31. 2023.
WHEREAS Judgment-Debtors raise no meritorious defenses but instead admit their breach.
WHEREAS the Honorable Michael Gomez, on May 22, 2025, appointed Robert B. Berleth of
Berleth & Associates, the (the "Undersigned" and also the "Receiver") as the Receiver of
Cyberlux Corporation and Mark D. Schmidt in a companion case pending in Harris County
eventattribution
AW/SC consent final order entered18 December2025.
Read the anchor · page 91
Case 3:25-cv-00483-JAG Document 165-1 _ Filed 04/15/26 Page 91 of 145 PagelD#
makes no ruling on whether the Defendants had standing to claim defective notice and makes no
ruling on whether the Defendants have any appellate rights.
It is SO ORDERED.
ENTERED This 18
day of December, 2025
Hanorable Jacque ine S. McClenney, Presiding Judge
Circut Court for the City of Richmond,
Virginia
WE ASK FOR THIS:
A Copy
Teste: EDWARD F. JEWETT, CLERK
Charles A. Gavin, VSB#31391
or. Kwanda fandaph oc.
Rudy Coyner, Attorneys at Law
13271 Rivers Bend Blvd.
Chester, Virgnia 23836
(804) 748-3600, ext. 306
(804) 748-4671 facsimile
E-mail: ggavin@rudycoyner.com
Counsel for Atlantic Wave Holdings, LLC and Secure Community, LLC
Veron E. Inge, Jr. #32699
Robert N. Drewry, VSB #91282
Whiteford Tayior & Preston, LLP
Two James Center
1021 E. Cary Street, Suite 2001
Richmond, VA 23219
804.977.3301
804.977.3291 Facsimile
vinge@whitefordlaw.com
rdrewry@whitefordlaw.com
Counsel for Robert W. Berleth, Receiver
4
eventattribution
AW reconsideration denial entry reads5 February2026.
Read the anchor · page 93
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26
Page 93 of 145 PagelD#
EXHIBIT
Virginia:
In the Circuit Court of the City of Richmond, Joh Alarshall Courts Failoing
ATLANTIC WAVE HOLDINGS, LLC.
AND SECURE COMMUNITY, LLC.
Plaintiff,
Case No. CL24-3910
CYBERLUX CORPORATION and
MARK SCHIMIDT, individually
Defendants,
ORDER
On January 2, 2026 Defendants Cyberlux Corporation and Mark D. Schimdt, by counsel,
filed an "Emergency Motion to Reconsider and Vacate Consent Final Order and To Suspend
Execution Pending the Court's Ruling." Plaintiffs' counsel for Atlantic Wave Holding, LLC, and
Secure Community, LLC, subsequently filed a "Response in Opposition to Motion to
Reconsider: »2 The Court DENIED Defendants' request to file a Reply.
Upon reviewing the parties' current filings, the Court ORDERS that its prior ruling
STANDS. Accordingly, the Court hereby DENIES Defendants' Motion to Reconsider and
TERMINATES the suspension of the "Consent Final Order." The Court ORDERS the "Consent
Final Order" effective as of the entry date of this Order.
Pursuant to Rule 4;15(d) of the Supreme Court Rules of Virgina, the Court hereby DENIES
the parties' request for a hearing, and further VACATES AND RELEASES the previously
scheduled hearing set for February 24, 2026 at 9:00 a.m. The parties are released from their
appearances.
The Clerk is DIRECTED to forward a certified copy of this Order to the parties.
' Jimmy Robinson, Esq., representing the Defendants.
2 Charles Gavin, Esq., representing the Plaintiffs.
Case 3:25-cv-00483-JAG Document 165-1 Filed 04/15/26 Page 43 of 145 PagelD#
2177
• 10/3/2024: $150.00.00
10/3/2024: $120,000.00
• 6/3/2025: $2,755,100.10
• 6/9/2025: $345,000.00ł
Requests for Production
1. Documents supporting or otherwise concerning your answer to the above interrogatory.
Response:
See the documents produced at Bates Nos. LEGALIST_000001-20.
2.
All documents on which you rely to assert any security interest in, lien on, or assignment
of the proceeds that are the subject of this interpleader.
Response:
See the documents produced at Bates Nos. LEGALIST_000001-20.
Date: March 9, 2026
LEGALIST SPV III, LP
By:
Timothy G. Moore (VSB No. 41730)
tmoore@spottsfain.com
John M. Erbach (VSB No. 76695)
jerbach@spottsfain.com
Christopher W. Bascom (VSB No. 87302)
cbascom@spottsfain.com
Spotts Fain, P.C.
411 E. Franklin Street, Suite 600
Richmond, VA 23219
(804) 697-2065
(804) 697-2165 Fax
Jeff. P Prostok (admitted pro hac vice)
1 The final two entries covered the $3,083,639.75 protective advance Legalist made on behalf of
Cyberlux. Legalist initially advanced $3,100,100.10, and the $16,460.35 difference was applied to
its legal fees.
[Own-image correction: first entry reads 10/3/2024: $150,000.00; next $120,000.00. June entries are $2,755,100.10 and $345,000.00, with footnote explaining $16,460.35 applied to fees.]
eventattribution
Gonzalez signs under penalty of perjury.
Read the anchor · page 4
Case 3:25-cV-00483-JAG Document 165-1 Filed 04/15/26 Page 4 of 145 PagelD#
Exhibit 9.
18. A true and correct copy of ANPC's Response to Interrogatory 1 is attached hereto as
Exhibit 10.
19.
A true and correct copy of the WeShield Group's Response to Interrogatory 1 is
attached hereto as Exhibit 11.
20.
A true and correct copy of Fairwind's Response to Interrogatory 1 is attached hereto
as Exhibit 12.
21. A true and correct copy of the Receiver's Response to Interrogatory 1 is attached
hereto as Exhibit 13.
22. A true and correct copy of Modification 4 to the Subcontract is attached hereto as
Exhibit 14.
Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the forgoing is true and
correct.
Anthony gonzalez
Executed on April 14, 2026
Anthony R. Gonzalez
4
eventattribution
EDVA docket header identifies filing of ECF165-1.
Read the anchor · page 1
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 1 of 145 PagelD#
2135
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
HII MISSION TECHNOLOGIES
CORP.,
Plaintiff,
Case No. 3:25-cv-483
V.
CYBERLUX CORP., et al.,
Defendants.
DECLARATION OF ANTHONY R. GONZALEZ
1, Anthony R. Gonzalez, declare as follows:
I am over the age of 18 and competent to make this Declaration. I have personal
knowledge of the facts stated in this Declaration.
2.
I am the 65% Member of Thin Air Gear, LLC ('TAG") and I submit this Declaration
in support of TAG's Motion for Summary Judgment, supporting Memorandum of
Law, and other related filings.
TAG's Contract With Cyberlux
On September 5, 2023, Cyberlux Corporation d/b/a Catalyst Machineworks, LLC, a
wholly owned subsidiary of Cyberlux (collectively, "Cyberlux") entered into a
contract (the "Contract") with TAG to produce 2,100 wheeled drone kit bags (the
"drone kit bags"). A true and correct copy of Contract (TAG 0005-6) is attached
hereto as Exhibit 1.
These drone kit bags were manufactured and sold to Cyberlux pursuant to the
Subcontract between Cyberlux and Plaintiff HII Mission Technologies Corp.'s
1
eventattribution
NC, VA and TX filing records bear6 July2023 dates.
Read the anchor · page 66
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26
Page 66 of 145 PagelD#
2200
File Number: 20230084472C
Date Filed: 7/6/2023 9:24:00 AM
Elaine F. Marshall
NC Secretary of State
UCC FINANCING STATEMENT
FOLLOW INSTRUCTIONS
A. NAME & PHONE OF CONTACT AT FILER (optional)
EXHIBIT
Arlington Law Group
B. E-MAIL CONTACT AT FILER (optional)
B-1
elemmer@arlingtonlawgroup.com
C. SEND ACKNOWLEDGMENT TO: (Name and Address)
Arlington Law Group
1739 Clarendon Boulevard
Arlington, VA 22209
J
THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY
1. DEBTOR'S NAME: Provide only one Debtor name (1a or 1b) (use exact, full name; do not omit, modify, or abbreviate any part of the Debtor's name); if any part of the Individual Debtor's
name will not fit in line 1b, leave all of item 1 blank, check here
and provide the Individual Debtor information in item 10 of the Financing Statement Addendum (Form UCC1Ad)
1a. ORGANIZATION'S NAME
OR 1b. INDIVIDUAL'S SURNAME
FIRST PERSONAL NAME
ADCITIONAL NAME(S)/INITIAL(S)
Schmidt
SUFFIx
Mark
1c. MAILING ADDRESS
D.
CITY
STATE
POSTAL CODE
COUNTRY
800 Park Offices Drive, Suite 3209
Research Triangle Park
NC
27709
USA
2. DEBTOR'S NAME: Provide only gne Debtor name (2a or 2b) (use exact, full name; do not omit, modify, or abbreviate any part of the Debtor's name); if any part of the Individual Debtor's
name will not fit in line 2b, leave all of Item 2 blank, check here
and provide the Individual Debtor information In Item 10 of the Financing Statement Addendum (For UCC1Ad)
2a. ORGANIZATION'S NAME
Cyberlux Corporation
OR 2b. INDIVIDUAL'S SURNAME
FIRST PERSONAL NAME
ADDITIONAL NAME(S)/INITIAL(S)
SUFFIX
2c. MAILING ADDRESS
CITY
STATE
POSTAL CODE
COUNTRY
800 Park Offices Drive, Suite 3209
Research Triangle Park
INC
27709
JUSA
3. SECURED PARTY'S NAME (or NAME of ASSIGNEE of ASSIGNOR SECURED PARTY): Provide only pne Secured Party name (3а or 3b)
3a ORGANIZATION'S NAME
Atlantic Wave Holdings, LLC
OR 36. INDIVIDUAL'S SURNAME
FIRST PERSONAL NAME
ADDITIONAL NAME(SM/INITIAL(S]
| SUFFIX
Эc. MAILING ADDRESS
CITY
STATE
POSTAL CODE
COUNTRY
11 S. 12th Street
4. COLLATERAL: This financing statement covers the following collateral:
All of each Debtor's right, title and interest, whether now owned or hereafter acquired, in all of
such Debtor's assets, including without limitation (i) any and all inventory (including without
instruments,
limitation relating to drones), equipment, accounts, chattel paper, contractual rights,
letter-of-credit rights, letters of credit, documents, deposit accounts, money,
intellectual property (including without limitation relating to drones), general intangibles,
accounts receivable and other rights to payment and performance, (ii) any and all furniture,
fixtures, attachments, accessions, accessories, fittings, tools, parts,
supplies and commingled
goods relating to any of the foregoing property, (iii) any and all additions, replacements of and
substitutions for all or any part of any of the foregoing property,
proceeds relating to any of the foregoing property, (v) any and all goodwill relating to any of
(iv) any and all insurance
the foregoing property, and (vi) in the case of Debtor Cyberlux Corporation, all subsidiaries of
such Debtor, including without limitation Catalyst Machineworks, LIC.
5. Check only if appicable and check goly one box: Collateral Is held In a Trust (sae UCC1Ad, Hem 17 and Instructions)
6a. Check only if applicable and check only one box:
being administered by a Decedent's Personal Representative
Public-Finance Transaction
6b. Check only if applicable and check only one box:
Manufactured-Home Transaction
A Debtor is a Transmiting Utility
Agricultural Lien
• Non-UCC Fling
7. ALTERNATIVE DESIGNATION (If applicable): Lessee/Lessor
Conalanee/Consignor
Bailee/Bailor
8. OPTIONAL FILER REFERENCE DATA:
L Licensee/Licensor
FILING OFFICE COPY - UCC FINANCING STATEMENT (For UCC1) (Rev. 04/20/11)
Intemational Association of Commercial Administrators (IACA)
eventattribution
TAG quote and deposit invoice dated5 September2023.
Read the anchor · page 7
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 7 of 145 PagelD#
2141
QUOTE
THIN AIR
BEAR for the long haul
09-05-23
4196 Center Park Orive
Thin Air Gear
Mike Brown
B16 896 5656 Cell
Colorado Springs CO 80916
mikr@thinairgear com
TO
Catalyst Machineworks/Cyberlux
SHIP TO:
6710 Spring Steubner Rd, Suite 709
Catalyst Machineworks/Cyberlux
PMB 103
6710 Spring Steubner Rd, Suite 709
Spnng. TX 77389
PM8 103
Attn. Rick Tucker
Spring, TX 77389
Attr: Rick Tucker
to Days
SHIPPING
METHOD
SHIPPING TERMS
SHIPPING DATE
PAYMENT
TERMS
DUE DATE
Truck
FOB: Colorado
13 10, Ne: 30
ASAP
QTY
ПТЕМ В
DESCRIPTION
UNIT PRICE
DISCOUNT
LINE TOTAL
Wheeled Drone Kit Bag (Prototype/Sampie
DRWTK OCP
Approved)
Acce crated Ramp Up Production 400
$399.00
5159,600.00
Units in 30 days From PO/Deposit Receipt
1,700 DRWTK-OCP
Wheeled Drone Kit Bag (Prototype/Sample
Standard Production - 200 Units Every Two
Approved)
$379.00
Weeks After Accelerated Production
$644.300.00
Additional Assembly - Recelve Faam
2,100
Inserts; Store; Install; Ship Individual
$40.00
Boxes on Pallets
Standard Pallet Shipping Included Bags
Only
1. Deposit Required to Release All
Materials - $150,000.00
2. We will Invoice Per Shipment
3. Terms 1%-N10, N30
$84,000.00
4. Deposit Credit Will Be Applied to
Last 400 Shipped and Invoiced
DISCOUNT
TOTAL
SUBTOTAL
$887,900.00
SALES TAX
TOTAL
$887,900.00
Estimated delivery times quoted above begin after recept of Purchase Order and $.130, 900.00 0
sit
To accept this quotation, sign here and return to mike@thinalrgear. cor
THANK YOU FOR YOUR BUSINESS!
TAG-0005
[Own-image correction: deposit required $150,000.00; total $887,900.00. Acceptance line bears an unidentified signature mark.]
eventattribution
California AW/SC filing and acknowledgment.
Read the anchor · page 68
Case 3:25-cV-00483-JAG
Document 165-1
Filed 04/15/26 Page 68 of 145 PagelD#
2202
U230074215520
STATE OF CALIFORNIA
Office of the Secretary of State
EXHIBIT
For Office Use Only
-FILED-
1500 11th Street
California Secretary of State
Sacramento, California 95814
No.: U230074215520
(916) 653-3516
Date Filed: 10/20/2023
Submitter Information:
Contact Name
Eric M. Lemmer, Esq.
Organization Name
Arlington Law Group
Phone Number
(703) 842-3025
Email Address
elemmer@arlingtonlawgroup.com
Address
1739 CLARENDON BOULEVARD
ARLINGTON, VA 22209
Debtor Information:
B2192-3038 10/20/2023 6:59 AM Received by California Secretary of State
Debtor Name
Mailing Address
Mark D. Schmidt
800 Park Offices Drive
Suite 3209
Research Triangle Park, NC 27709
Cyberlux Corporation
800 Park Offices Drive
Suite 3209
Research Triangle Park, NC 27709
Secured Party Information:
Secured Party Name
Mailing Address
Atlantic Wave Holdings, LLC
11 S. 12th Street
Richmona, VA 23219
Secure Community, LLC
11 S. 12th Street
Richmond, VA 23219
Indicate how documentation of Collateral is provided:
Entered as Text
Description:
All of each Debtor's right, title and interest, whether now owned or hereafter acquired, in all of such Debtor's assets, including
without limitation (i) any and all inventory (including without limitation relating to tactical military communications equipment,
HF communication and software solutions equipment, Spectre H series HF transceivers, Spectre M series multi-band SDR
transceivers and Spectre V series VHF transceivers, as well as all research and development for future technology),
equipment, accounts, chattel paper, contractual rights, instruments, letter-of-credit rights, letters of credit, documents, deposit
accounts, money, intellectual property (including without limitation relating to tactical military communications equipment, HF
communication and software solutions equipment, Spectre H series HF transceivers, Spectre M series multi-band SDR
transceivers and Spectre V series VHF transceivers, as well as all research and development for future technology), general
intangibles, accounts receivable and other rights to payment and performance, (i) any and all furniture, fixtures, attachments,
accessions, accessories, fittings, tools, parts, supplies and commingled goods relating to any of the foregoing property, (iii)
any and all additions, replacements of and substitutions for all or any part of any of the foregoing property, (iv) any and ali
insurance proceeds relating to any of the foregoing property, (v) any and al goodwill relating to any of the foregoing property,
Communications, Inc.
and (vi) in the case of Debtor Cyberlux Corporation, all subsidiaries of such Debtor, including without limitation Datron World
Indicate if Collateral is held in a Trust or is being administered by a Decedent's Personal Representative:
Not Applicable
Select an alternate Financing Statement type:
Not Applicable
Select an additional alternate Financing Statement type:
Not Applicable
Page 1 of 2
eventattribution
Legalist financing face uses27 March2024.
Read the anchor · page 25
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 25 of 145 PagelD#
2159
Docusign Envelope: ID: A39ABOEF-BE15-4B0B-8FEF-542FC1B5F558
SECOND AMENDED AND RESTATED GOVERNMENT
local tax requirements not later than the forty fifth (45th)
PURCHASE ORDER FINANCING AGREEMENT
day after the end of each calendar quarter) that Borrower
This Second Amended and Restated Government Purchase Order
keeps in the ordinary course of business in accordance
Financing Agreement ("Agreement) is made effective as of
accepted accounting principles
March 27, 2024 by and between Legalist SPV III, LP ("Lender)
consistently applied, and Borrower shall certify that all
and Cyberlux Corporation and Datron World Communications,
information contained therein is and shall be true and
Inc. (each and together, "Borrower").
correct ("Quarterly Reporting Obligation).
addition to any Quarterly Reporting Obligation,
Lender hereby agrees to provide Borrower the services specified
Borrower further agrees to provide Lender with a copy
in this Agreement and establishes for a period extending one year
of the Borrower's books and records otherwise due in
from the date hereof (the "Facility Maturity Date") a revolving
connection with any Quarterly Reporting Obligation
line of credit for Borrower in the aggregate maximum principal
promptly upon demand at any time upon reasonable
amount of $7,000,000 (the "Credit Limit").
notice to Borrower.
ACCOUNTS MANAGEMENT
By or before fifteen (15) days after the last business day
Borrower shall, before execution of any agreement with
of each month, Lender shall provide to Borrower a monthly report
a government-related customer (including any prime contractor to
(each a 'Loan Report") detailing the current state of Borrower's
such a customer) (each, a "Government Account Debtor") in
account with Lender based upon documentation then provided by
connection with which Borrower desires Lender to provide
Borrower to Lender, including balance, individual transactions,
financing under this Agreement, provide to Lender the
then-available loan amount under the Credit Limit, and related
Government Account Debtor's contact information, material
information. Borrower shall notify Lender within five (S) days of
evidencing any contract with the Goverment Account Debtor,
delivery if it disputes any part of a Loan Report. The Loan Report
and other information that may be requested. Lender may conduct
shall be deemed correct and binding upon Borrower and shall
due diligence of such Government Account Debtor. Lender may
constitute an account stated between the parties hereto unless
establish or modify a maximum credit limit for any Government
Lender receives Borrower's written statement of exceptions
Account Debtor, without waiving its right at any subsequent time
within five (5) days after Borrower's receipt of same.
to terminate or modify any prior acceptance.
Borrower agrees that all invoices to Government
2.
Borrower shall provide to Lender by or before fifteen
Account Debtors shall designate Borrower as the sole named
(15) days after the last business day of each month:
payee together with the following wiring instructions (as
Borrower may update from time to time):
a. Details of all obligations (including, but not limited to,
invoices, aging reports, and related information) of
Bank: Silicon Valley Bank
Government Account Debtors;
Account Name: Legalist SPV III, LP
Account No: I
b. Details of all accounts payable obligations of Borrower
ABA No:
relating thereto;
Borrower further agrees that all payments made
c. A completed Borrowing Base Certificate in the form
hereunder shall be made pursuant to the foregoing wire
attached as Exhibit A;
instructions only. Lender is unable to accept payment by check.
d. If applicable, a completed Request for Disbursement in
If any payment on an Eligible Purchase Order is received
the form attached as Exhibit B; and
by Borrower, it shall:
e. Such other information as Lender may reasonably
a. Hold such payment irrevocably in trust for Lender,
request (collectively, an "Information Request").
separate and apart from Borrower's own funds;
3.
Borrower warrants and guarantees, by submission of an
Deliver such payment within one (1) business day to
Advance Request, that:
Lender pursuant to the wire instructions contained in
a. The services described therein were (or, as applicable,
Section 5 hereinabove; and
shall be) in fact rendered and that the Eligible Purchase
Immediately notify the payee in writing to send future
Orders (defined below) evidenced thereby are and will
payments to Lender pursuant to such wire instructions.
continue to be genuine, bona fide, and collectable and
without right of offset, counterclaim, or right of return or
Borrower shall designate Lender as a point of contact
cancellation; and
with all Government Account Debtors and execute all
authorizations or other documents requested to establish and
b. If it is notified of any dispute, or of any right of offset,
maintain Lender's authority to accept, endorse, and deposit all
counterclaim, or right of return or cancellation against
Government Account Debtor remittances to its own bank account.
any Government Account Debtor's obligation to
Borrower hereby appoints Lender its agent for the purpose of
Borrower, it will immediately notify Lender in writing.
executing all such authorizations and other documents.
In addition to Borrower's obligation to provide a
ADVANCES; COMPENSATION TO LENDER
monthly Information Request to Lender, Borrower
hereby agrees that it shall also furnish Lender with full
Upon Lender's receipt of a request for disbursement, by
financial statements (expressly including proof of
and through the submission of the Request for Disbursement form
payment and/or compliance with all federal, state and/or
attached as Exhibit B, current accounts receivable aging, current
LEGALIST_000001
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 145 of 145 PagelD#
2279
Case 4:25-ev-01689 Document 1-2 Filed on 04/11/25 in TXSD Page 2 of 9
CONFIDENTIAL INFORMATION
Page 1 of 8
REDACTED
Mission Technologies
Modification No. 4 to Subcontract No. P000043846
To Effectuate a Terminotion Settlement
This Modification No. 4 to Effectuate a Termination Settlement (the "Agreement"), effectiye as of February 26,
2025, is made by and between HII Mission Technologies Corp. ("HI"), a Delaware company with offices locatea
at 8350 Broad St., Suite 1400, McLean, VA 22102, and Cyberlux Corporation (Cyberlux)y a Nevada company
with offices located at 800 Park Offices Drive, Suite 3209, Research Triangle Park, NÇ 27709 (each a "Party," and
collectively, "the Parties").
WHEREAS, the Parties entered into Subcontract No. P000043846, doted Augyst 29, 2023 (the "Subcontract").
issued under HII's Prime Tosk Order 47QFCA22F0039 and Technical Direction Lefter 1-023 (ITDL 231) supporting
the Department of the Navy and the General Services Administration, Federal Systems Integration and
Management Center (each and collectively, the "Government");
WHEREAS, on December 22, 2023, the Government issued a Stop-Work Order on the TDL 23 work scope, and HIl
in turn issued a Stop-Work Order on the Subcontract to Cyberlux (the SWO");
WHEREAS, the Government terminted the TDL 23 work scope Yor convenience on May 13, 2024, and HIl
subsequently exercised the termintion provisions of Subcontract Section 32.1 on May 17, 2024; and
WHEREAS, Cyberlux has asserted entitlement to payment
under Subcontract Section 32.1, and following
negotiation, the Parties now wish to resolve any disagreement and reach a settlement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements exchanged herein and other
good and valuable consideration, the Parties age as follows:
1. Review and Approval.
a. The Parties acknowledge that pursuant to FAR 49.108-3, the Government expects HIl to submit a
subcontractor settlementato
The Government Contracting Officer tor review and opproval.
Accordingly, the Porties agree thot Sections 3 through 6 of this Agreement shall become effective
and enforceable only if and when the Government Contracting Officer approves of the
Agreement.
Following execution of the Agreement, HIl will promptly submit the Agreement to the Government
Contracting Officer as a contractor settlement. Thereofter, HIl will promptly notify Cyberlux if the
Government Contracting Officer approves of the Agreement. The Parties shall cooperate in
good faith, to gotain such approval. In furtherance of that effort, Cyberlux shall cooperate with
any auditor other review directed or conducted by the Government in connection with its review
of this Agreement, including by granting the Government or its designee access to all books,
records, documents, and other information relating to the Subcontract.
2. Stand Still. During the period of the Government's review of the Agreement, neither Party shall file or
otherwise pursue any judicial or other action for money damages against the other with respect to the
Subcontract or termination, unless that Party first confers with the other in good faith to discuss options for
resolution without such action.
A division of HIl
Issued by: Mission Technologies Commana Media
HIl Proprietary
eventattribution
Financing/guaranty sections specify29 April2025 Second Amendment Date.
Read the anchor · page 31
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 31 of 145 PagelD#
2165
Docusign Envelope ID: A39AB0EF-BE15-4B0B-8FEF-542FC1B5F558
New York. The parties hereby irrevocably submit to the exclusive
IN WITNESS WHEREOF, the undersigned have duly executed
jurisdiction of such courts and waive any objection to the venue
this Agreement as of the first date written above.
or jurisdiction based on forum non conveniens or any other
grounds.
LENDER:
The parties intend, and Borrower hereby acknowledges
LEGALIST SEV III, LP
and agrees, that this Agreement (including any and all obligations
By
to repay amounts advanced hereunder, whether principal, interest,
Name: Brian T. Rice
HOL..
fees, costs, or otherwise) constitutes an instrument for the
Title: Authorized Signatory
payment of money only, within the meaning of New York Civil
Address: 58 West Portal Ave. #747
Practice Law and Rules ( CPLR) 3213. If Borrower fails to
San Francisco, CA 94127
make any such payment when due under this Agreement, Lender
Email: receivables(@legalist.com
shall be entitled to move for relief under CPLR 3213, and
Borrower expressly waives any defense thereunder except for
BORROWER:
proof of payment.
CYBERLUX CORPORATION
Service of any notice under this Agreement may occur
Mark V. Semidt
by electronic mail.
Name: Mark D. Schmidt
AUTHORITY AND EFFECTIVENESS
Title: President and CEO
Address: 800 Park Offices Dr., Ste. 3209
Borrower hereby represents that it is a duly authorized
Research Triangle, NC 27709
and existing entity in good standing under the laws of the
Email: mschmidt@cyberlux.com
jurisdiction of organization set forth on the signature page. The
execution, delivery, and performance hereof and the other
Jurisdiction of Organization:
documents hereby contemplated are, and shall remain, within
North Carolina
Borrower's powers, have been duly authorized, and are not in
contravention of any law, rule, or regulation, or the terms of any
contract, agreement or undertaking to which Borrower is a party
DA RAN 9. SEMMUNICATIONS, INC.
or by which it is bound.
Name: Mark D. Schmidt
MISCELLANEOUS
Title:
38.
Each party represents to the other parties that it (a) has
Address: 995 Joshua Way, Ste. A
read this agreement, (b) has been represented in the preparation,
Vista, CA 92081
negotiation. and execution of this Agreement by legal counsel of
Email: mschmidt@cyberlux.com
the party's own choice or has voluntarily declined to seek such
Jurisdiction of Organization:
counsel; (c) understands the terms and consequences of this
California
Agreement; and (d) is fully aware of the legal and binding effect
of this Agreement.
This agreement supersedes all prior or contemporaneous
agreements and understandings between the parties, verbal or
written, express or implied, relating to the subject matter hereof.
4/29/2025
_ (the "Second Amendment
Date"), that certain Amended and Restated Government Purchase
Order Financing Agreement dated March 27, 2024 by and
between Legalist SPV III, LP and Cyberlux Corporation and
Datron World Communications, Inc. shall be amended, restated,
and superseded in its entirety by this Agreement.
LEGALIST 000007
eventattribution
Arbogast complaint verification before Oregon notary.
Read the anchor · page 110
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 110 of 145 PagelD#
VERIFICATION
Tim Arbogast, being first duly sworn, deposes and says that he is the CFO of
Advanced Navigation and Positioning Corporation, a Delaware corporation, and, as such,
he is authorized to make this oath; that he has read the foregoing and attached Verified
Complaint, and that the same is true of his own personal knowledge except those matters
Advanced Navigation and Positioning Corporation
OFFICIAL STAMP
Emily Joyce
NOTARY PUBLIC - OREGON
By: Tim Arbogast
›, CFO
STATE OF
COUNTY OF
Personally appeared before me, Tim Arbogast, either being personally known to
me or proven by satisfactory evidence (said-evidence being
), and acknowledged that he signed the foregoing document.
This the
5
_day of June
→ 2025.
OFFICIAL STAMP
Notary Publid, MI
уБоусе
Emily Joyce
NOTARY PUBLIC - OREGON
(Type or Print Name)
MY COMMISSION EXPIRES MAY 13, 2029
COMMISSION NO. 1058184
My commission expires:
May 13,2029
(Notary Seal)
6
ANPC_00012
[Own-image correction: verification is on personal knowledge except those matters stated upon information and belief, which he believes to be true. Tim Arbogast signed before Oregon notary Emily Joyce on5 June2025.]
eventattribution
Colorado TAG default judgment.
Read the anchor · page 19
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 19 of 145 PagelD#
2153
Case No. 1:25-CV-00805-GPG-MDB
Document 27
filed 08/29/25 USDC Colorado
pg 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 25-cv-00805-GPG-MDB
THIN AIR GEAR, LLC,
Plaintiff,
V.
CYBERLUX CORPORATION d/b/a CATALYST MACHINEWORKS, LLC,
Defendant.
FINAL JUDGMENT
In accordance with the orders filed during the pendency of this case, and pursuant to
Federal Rule of Civil Procedure 58(a), the following Final Judgment is hereby entered.
Pursuant to the [D. 26] Order entered by Judge Gordon P. Gallagher on August 29, 2025,
it is
ORDERED that the Recommendation of the United States Magistrate Judge Maritza
Dominquez Braswell [D. 25] is AFFIRMED and ADOPTED as an Order of the Court. It is
FURTHER ORDERED that Plaintiff's Motion for Entry of Default Judgment [D. 18] is
GRANTED, It is
FURTHER ORDERED that the parties proposed Order Granting Stipulation for Final
Judgment [D. 21] is DENIED AS MOOT. It is
FURTHER ORDERED that Plaintiff is awarded $1,224,275.14 in damages. It is
FURTHER ORDERED that judgment is entered in favor of Plaintiff and against
Defendant.
This case is closed.
TAG-0003
inferenceinference
The compilation supplies creditor-specific claim history and direct instruments, but it cannot be summed into a clean debt total: AW/SC shar
The compilation supplies creditor-specific claim history and direct instruments, but it cannot be summed into a clean debt total: AW/SC share a claim, historic satisfied amounts coexist with later stock liability, interest dates vary, and receiver fees remain contingent.
inferenceinference
Gonzalez calls Exhibit 14 a true copy of Modification 4, but the physical exhibit ends after page 1 of 8. Its approval and records-access cl
Gonzalez calls Exhibit 14 a true copy of Modification 4, but the physical exhibit ends after page 1 of 8. Its approval and records-access clauses are readable; the missing seven pages prevent treating it as a complete settlement instrument.
inferenceinference
TAG has direct judgment evidence, while its only-manufacturer comparison remains a party proposition. ANPC equipment allegations and other s
TAG has direct judgment evidence, while its only-manufacturer comparison remains a party proposition. ANPC equipment allegations and other service-based claims require separate tracing before accepting an exclusive goods-supplier conclusion.
inferenceinference
The financing record distinguishes a 2024 agreement base from a 2025 restatement and forbearance. Blank eligibility schedules cannot demonst
The financing record distinguishes a 2024 agreement base from a 2025 restatement and forbearance. Blank eligibility schedules cannot demonstrate that a particular terminated order qualified or that each later advance satisfied the conditions.
inferenceinference
Ordinary advances listed by Legalist sum to $6,950,000; the protective entries sum to $3,100,100.10, which reconciles to $3,083,639.75 after
Ordinary advances listed by Legalist sum to $6,950,000; the protective entries sum to $3,100,100.10, which reconciles to $3,083,639.75 after its stated $16,460.35 fee allocation. The adjustment prevents counting the same fee as additional principal.
inferenceinference
The entered AW orders control the source record of order dates:18 December 2025 and 5 February 2026. The response contains conflicting year/
The entered AW orders control the source record of order dates:18 December 2025 and 5 February 2026. The response contains conflicting year/day references; preserve its wording while indexing the actual entered orders separately.
inferenceinference
ANPC total $3,087,878.86 equals its $2,830,050 principal plus $257,828.86 interest, rather than the reported $2,926,814.39 judgment plus tha
ANPC total $3,087,878.86 equals its $2,830,050 principal plus $257,828.86 interest, rather than the reported $2,926,814.39 judgment plus that interest. A dated calculation must establish whether the earlier $96,764.39 is embedded, replaced or inadvertently omitted.
inferenceinference
WeShield and the three investment claimants state separate balances totalling $5,007,138.41. Their 19 February introduction conflicts with 9
WeShield and the three investment claimants state separate balances totalling $5,007,138.41. Their 19 February introduction conflicts with 9 March calculations; the total is a computation of asserted balances, not an allowed claim.
inferenceinference
Fairwinds expressly disclaims any lien/assignment/security interest in this response. Its reported promise of payment from HII funds should
Fairwinds expressly disclaims any lien/assignment/security interest in this response. Its reported promise of payment from HII funds should not silently be promoted to an asserted perfected security right.
inferenceinference
Receiver possession and efforts to deliver goods are separate from fee allowance. His quoted discretionary 33% ceiling and asserted 25% enti
Receiver possession and efforts to deliver goods are separate from fee allowance. His quoted discretionary 33% ceiling and asserted 25% entitlement do not establish an entered award; an expanded consortium remains conditional on court action.
otherattribution
Complete supplied 145-page source reviewed at SHA-256 ddc018f1afaa2dd5127c26acb4e0bd13eb7aeae4a456fceccf442c9d5bc43390. Source assertions, o
Complete supplied 145-page source reviewed at SHA-256 ddc018f1afaa2dd5127c26acb4e0bd13eb7aeae4a456fceccf442c9d5bc43390. Source assertions, original visual features, filing/communication context and identified missing attachments are retained. Own ECF165-1 file read in full, preserving physical1–145 and embedded exhibit/Bates identities. Fourteen image-only dividers and the bag photograph were inspected; financial forms, redactions, execution blocks, UCC fields and disputed handwritten dates were checked on52 own page images. Image corrections are additive with original text preserved. No other version supplied missing pages or converted blank schedules into completed records. Exhibit4/5 judgment duplication and California acknowledgment repetition are one underlying record each. Cross-source overlap is not counted as independent corroboration.
Read the anchor · page 1
Case 3:25-cv-00483-JAG Document 165-1
Filed 04/15/26 Page 1 of 145 PagelD#
2135
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
HII MISSION TECHNOLOGIES
CORP.,
Plaintiff,
Case No. 3:25-cv-483
V.
CYBERLUX CORP., et al.,
Defendants.
DECLARATION OF ANTHONY R. GONZALEZ
1, Anthony R. Gonzalez, declare as follows:
I am over the age of 18 and competent to make this Declaration. I have personal
knowledge of the facts stated in this Declaration.
2.
I am the 65% Member of Thin Air Gear, LLC ('TAG") and I submit this Declaration
in support of TAG's Motion for Summary Judgment, supporting Memorandum of
Law, and other related filings.
TAG's Contract With Cyberlux
On September 5, 2023, Cyberlux Corporation d/b/a Catalyst Machineworks, LLC, a
wholly owned subsidiary of Cyberlux (collectively, "Cyberlux") entered into a
contract (the "Contract") with TAG to produce 2,100 wheeled drone kit bags (the
"drone kit bags"). A true and correct copy of Contract (TAG 0005-6) is attached
hereto as Exhibit 1.
These drone kit bags were manufactured and sold to Cyberlux pursuant to the
Subcontract between Cyberlux and Plaintiff HII Mission Technologies Corp.'s
1
questionquestion
Which entered priority rulings, satisfactions and dated payoff calculations reconcile the creditors without counting AW and SC or historical
Which entered priority rulings, satisfactions and dated payoff calculations reconcile the creditors without counting AW and SC or historical balances twice?
questionquestion
Where are Legalist's completed eligible-order schedules, actual requests, HII creditor certification and proof of assignment notice, particu
Where are Legalist's completed eligible-order schedules, actual requests, HII creditor certification and proof of assignment notice, particularly for the 2025 protective advances?
questionquestion
What original ANPC judgment and interest ledger reconcile the $96,764.39 already included in the judgment with the later $257,828.86 interes
What original ANPC judgment and interest ledger reconcile the $96,764.39 already included in the judgment with the later $257,828.86 interest claim?
questionquestion
Were the receiver's proposed all-creditor expansion and fee award entered, and which consortium members authorised the proposed allocation?
questionquestion
Where are Modification 4 pages 2–8, the signed execution copy and the government approval record, and which sections became enforceable on w
Where are Modification 4 pages 2–8, the signed execution copy and the government approval record, and which sections became enforceable on what date?
questionquestion
Which corporate formation records reconcile North Carolina descriptions in TAG/Legalist documents with Nevada descriptions in ANPC and Modif
Which corporate formation records reconcile North Carolina descriptions in TAG/Legalist documents with Nevada descriptions in ANPC and Modification 4?
allegation
CONNECT
Reviewed relationships
The canvas follows the database: source to DISTIL record, DISTIL record to knowledge object, then reviewed relationship. Position alone means nothing.
Gonzalez declares personal knowledge as a 65% member of Thin Air Gear (TAG), submitting this evidence for TAG in EDVA 3:25-cv-00483-JAG. He is not making this declaration for ARG. The docket identifies ECF 165-1 filed 15 April 2026.supportsWhat does this Gonzalez filing establish about the interpleader claims?
Specifically named source propositions support the bounded distinction or question.
ANPC's 9 March 2026 response claims $3,087,878.86 and reports a 21 July 2025 judgment of $2,926,814.39,24 September fieri facias and 8 October garnishment of HII. It asserts equitable assignment of receipts allegedly spent on other programmes; the judgment and writ originals are not attached within Exhibit 10.supportsANPC total $3,087,878.86 equals its $2,830,050 principal plus $257,828.86 interest, rather than the reported $2,926,814.39 judgment plus that interest. A dated calculation must establish whether the earlier $96,764.39 is embedded, replaced or inadvertently omitted.
Specifically named source propositions support the bounded distinction or question.
Attached borrowing-base certificate, disbursement request and Eligible Purchase Orders schedule are blank forms/placeholders. No completed borrowing calculation, requested sum or attached eligible contract appears on these pages; blank no-default certifications are not actual submissions.supportsWhere are Legalist's completed eligible-order schedules, actual requests, HII creditor certification and proof of assignment notice, particularly for the 2025 protective advances?
Specifically named source propositions support the bounded distinction or question.
The group claims WeShield $3,905,541.64 ($2,916,760 principal/$988,781.64 interest), Roman $576,436.03 ($430,497.41/$145,938.62), MAS $215,062.95 ($160,614.60/$54,448.35) and Sinensky $310,097.79 ($231,589.09/$78,508.70), stated through 9 March 2026.supportsWeShield and the three investment claimants state separate balances totalling $5,007,138.41. Their 19 February introduction conflicts with 9 March calculations; the total is a computation of asserted balances, not an allowed claim.
Specifically named source propositions support the bounded distinction or question.
The actual consent final order follows the 16 December 2025 hearing and is entered 18 December 2025. It awards $6 m jointly plus $25,250.50 and 6% interest, dismisses with prejudice, and relies on receiver authority despite disputes. Quash is denied without ruling on defendants' standing to challenge notice or appellate rights.supportsWhat does this Gonzalez filing establish about the interpleader claims?
Specifically named source propositions support the bounded distinction or question.
Modification 4 section 1 makes sections 3–6 effective/enforceable only upon government contracting-officer approval; HII undertakes submission/notification and Cyberlux cooperation/access to books and records. Section 2 requires good-faith conferral before money-damages proceedings during review. Missing pages prevent this excerpt establishing the settlement amount, signatures, approval or complete obligations.supportsGonzalez calls Exhibit 14 a true copy of Modification 4, but the physical exhibit ends after page 1 of 8. Its approval and records-access clauses are readable; the missing seven pages prevent treating it as a complete settlement instrument.
Specifically named source propositions support the bounded distinction or question.
Receiver says an expanded receivership could settle about 20 litigations for several dozen creditors, conditional on Harris County approval. He asserts possession of drones from as early as 16 January 2025, no later than 22 May, delivery to HII and resulting registry proceeds; those causal assertions remain his position.supportsReceiver possession and efforts to deliver goods are separate from fee allowance. His quoted discretionary 33% ceiling and asserted 25% entitlement do not establish an entered award; an expanded consortium remains conditional on court action.
Specifically named source propositions support the bounded distinction or question.
AW and Secure Community jointly respond on 9 March 2026, describing AW as SC's sole owner and their claims as the same obligation rather than additive recoveries. They trace the debt to intellectual-property acquisition and the 15 June 2023 settlement, with a separate contingent stock claim.supportsThe compilation supplies creditor-specific claim history and direct instruments, but it cannot be summed into a clean debt total: AW/SC share a claim, historic satisfied amounts coexist with later stock liability, interest dates vary, and receiver fees remain contingent.
Specifically named source propositions support the bounded distinction or question.
Berleth responds as Texas-appointed receiver, reserving privilege. He cannot quantify proceeds or final receiver fees because the Texas court has not fixed them. His response proposes representing a consortium beyond the interpleader parties, rather than identifying an entered all-creditor expansion.supportsReceiver possession and efforts to deliver goods are separate from fee allowance. His quoted discretionary 33% ceiling and asserted 25% entitlement do not establish an entered award; an expanded consortium remains conditional on court action.
Specifically named source propositions support the bounded distinction or question.
WeShield, Roman Investments, MAS as Rosewood assignee, and Sinensky reserve privilege, confidentiality, burden and supplementation objections. Introductory text says dollar figures as of 19 February 2026 while later text and calculations repeatedly use 9 March 2026; both date statements remain visible.supportsThe compilation supplies creditor-specific claim history and direct instruments, but it cannot be summed into a clean debt total: AW/SC share a claim, historic satisfied amounts coexist with later stock liability, interest dates vary, and receiver fees remain contingent.
Specifically named source propositions support the bounded distinction or question.
Forbearance temporarily increases the credit limit by $5.3 m to $12.3 m and charges $53,000 in three instalments. Advances require approved use and HII creditor certification directing all HII payments to Legalist. Weekly 13-week cash forecasts/variance reports are required; expiry restores the $7 m limit and makes obligations due. No default waiver is given.supportsThe financing record distinguishes a 2024 agreement base from a 2025 restatement and forbearance. Blank eligibility schedules cannot demonstrate that a particular terminated order qualified or that each later advance satisfied the conditions.
Specifically named source propositions support the bounded distinction or question.
Fairwinds claims $2,348,542 under 3 October 2022 teaming and 7 June 2023 service/supply agreements: prime role or 8% of first 1,000 drones if another prime chosen. It says Schmidt's 8 July 2025 invoice-backed spreadsheet acknowledged the amount and promised payment from remaining HII proceeds. These are Fairwinds' statements about Cyberlux's acknowledgement.supportsFairwinds expressly disclaims any lien/assignment/security interest in this response. Its reported promise of payment from HII funds should not silently be promoted to an asserted perfected security right.
Specifically named source propositions support the bounded distinction or question.
Legalist describes principal as $6.95 m ordinary advances plus $3,083,639.75 protective advances; it claims 1 April 2024 UCC priority in Nevada/North Carolina for the 27 March financing and continuing interest. Legal fees total $351,632.29.supportsOrdinary advances listed by Legalist sum to $6,950,000; the protective entries sum to $3,100,100.10, which reconciles to $3,083,639.75 after its stated $16,460.35 fee allocation. The adjustment prevents counting the same fee as additional principal.
Specifically named source propositions support the bounded distinction or question.
AW/SC say the first judgment/related collection was fully satisfied, including $1,444,543.11 garnishment proceeds and $952,601.71 principal/fees plus Texas costs. Their separate later stock-related $6 m claim remains asserted; satisfaction of the original case is not a release of every later claim.supportsThe compilation supplies creditor-specific claim history and direct instruments, but it cannot be summed into a clean debt total: AW/SC share a claim, historic satisfied amounts coexist with later stock liability, interest dates vary, and receiver fees remain contingent.
Specifically named source propositions support the bounded distinction or question.
Signed Instrument of Assignment assigns accounts identified in an enclosed notice, covers unpaid amounts, names one assignee, prohibits further assignment and invokes 48 CFR 32.805. Rice and Schmidt signatures appear; this page alone supplies no actual account schedule or proof of notice delivery.supportsThe financing record distinguishes a 2024 agreement base from a 2025 restatement and forbearance. Blank eligibility schedules cannot demonstrate that a particular terminated order qualified or that each later advance satisfied the conditions.
Specifically named source propositions support the bounded distinction or question.
ANPC alleges the customer had paid Cyberlux by 20 December and the sum became due 30 December; a 15 May demand was unfulfilled. It seeks $2,926,814.39 including $96,764.39 interest at 8%. This attachment is a complaint, not the later judgment.supportsANPC total $3,087,878.86 equals its $2,830,050 principal plus $257,828.86 interest, rather than the reported $2,926,814.39 judgment plus that interest. A dated calculation must establish whether the earlier $96,764.39 is embedded, replaced or inadvertently omitted.
Specifically named source propositions support the bounded distinction or question.
Exhibit 14 contains only printed page 1 of 8 of Modification 4, effective 26 February 2025, reproduced from TXSD 4:25-cv-01689 ECF 1-2. It recites 29 August 2023 subcontract,22 December 2023 stop work, government termination 13 May 2024 and HII termination 17 May 2024 under section 32.1.supportsThe financing record distinguishes a 2024 agreement base from a 2025 restatement and forbearance. Blank eligibility schedules cannot demonstrate that a particular terminated order qualified or that each later advance satisfied the conditions.
Specifically named source propositions support the bounded distinction or question.
Receiver says an expanded receivership could settle about 20 litigations for several dozen creditors, conditional on Harris County approval. He asserts possession of drones from as early as 16 January 2025, no later than 22 May, delivery to HII and resulting registry proceeds; those causal assertions remain his position.supportsWere the receiver's proposed all-creditor expansion and fee award entered, and which consortium members authorised the proposed allocation?
Specifically named source propositions support the bounded distinction or question.
ANPC's 9 March 2026 response claims $3,087,878.86 and reports a 21 July 2025 judgment of $2,926,814.39,24 September fieri facias and 8 October garnishment of HII. It asserts equitable assignment of receipts allegedly spent on other programmes; the judgment and writ originals are not attached within Exhibit 10.supportsWhat original ANPC judgment and interest ledger reconcile the $96,764.39 already included in the judgment with the later $257,828.86 interest claim?
Specifically named source propositions support the bounded distinction or question.
Legalist lists ordinary 2024 advances:9 April $1.8 m;19 April $500,000;2 May $500,000;26 June $142,000;5 July $53,000;16 July $2.5 m;2 August $650,000;27 August $535,000;3 October $150,000 and $120,000. The own image resolves the malformed OCR of the $150,000 entry.supportsOrdinary advances listed by Legalist sum to $6,950,000; the protective entries sum to $3,100,100.10, which reconciles to $3,083,639.75 after its stated $16,460.35 fee allocation. The adjustment prevents counting the same fee as additional principal.
Specifically named source propositions support the bounded distinction or question.
ANPC's attached verified complaint describes Cyberlux as Nevada-incorporated and alleges equipment/services including two tactical landing systems, guidance systems, trailer, documents and spares. It says the first three of five milestones were paid and final milestones totalled $2,830,050 on 20 December 2024.supportsANPC total $3,087,878.86 equals its $2,830,050 principal plus $257,828.86 interest, rather than the reported $2,926,814.39 judgment plus that interest. A dated calculation must establish whether the earlier $96,764.39 is embedded, replaced or inadvertently omitted.
Specifically named source propositions support the bounded distinction or question.
Signed Instrument of Assignment assigns accounts identified in an enclosed notice, covers unpaid amounts, names one assignee, prohibits further assignment and invokes 48 CFR 32.805. Rice and Schmidt signatures appear; this page alone supplies no actual account schedule or proof of notice delivery.supportsWhere are Legalist's completed eligible-order schedules, actual requests, HII creditor certification and proof of assignment notice, particularly for the 2025 protective advances?
Specifically named source propositions support the bounded distinction or question.
Receiver claims at least 25% and up to 33% of collected funds, expenses exceeding $550,000, and a judicial lien from 16 January 2025, invoking quoted appointment-order provisions. He states fees/expenses have not been ruled on and claims no interest. Quoted discretionary may-award 33% language is distinct from his asserted entitlement to 25%.supportsWhat does this Gonzalez filing establish about the interpleader claims?
Specifically named source propositions support the bounded distinction or question.
WeShield attributes the Ukrainian drone opportunity to its 12 July 2022 exclusive development agreement, founders' charity work and introductions. It says 4 April 2025 settlement compromised commissions to $2.5 m plus 240 m restricted shares, Cyberlux failed to pay, and liquidated damages followed. Underlying confidential agreements are cited but absent from this response.supportsTAG has direct judgment evidence, while its only-manufacturer comparison remains a party proposition. ANPC equipment allegations and other service-based claims require separate tracing before accepting an exclusive goods-supplier conclusion.
Specifically named source propositions support the bounded distinction or question.
Legalist lists 3 June 2025 $2,755,100.10 and 9 June $345,000, explaining that the $3,100,100.10 initial advance less $16,460.35 applied to legal fees equals $3,083,639.75 protective principal. Response cites LEGALIST 000001–20 and is served 9 March 2026; Exhibit 6 here contains only 000001–14.supportsOrdinary advances listed by Legalist sum to $6,950,000; the protective entries sum to $3,100,100.10, which reconciles to $3,083,639.75 after its stated $16,460.35 fee allocation. The adjustment prevents counting the same fee as additional principal.
Specifically named source propositions support the bounded distinction or question.
Colorado ECF 27, dated 29 August 2025, adopts the magistrate judge's recommendation, grants the default motion, denies the proposed stipulated final order as moot, awards TAG $1,224,275.14 and closes the case. Exhibits 4 and 5 reproduce the same judgment; Exhibit 5 adds a clerk certification stamp.supportsTAG has direct judgment evidence, while its only-manufacturer comparison remains a party proposition. ANPC equipment allegations and other service-based claims require separate tracing before accepting an exclusive goods-supplier conclusion.
Specifically named source propositions support the bounded distinction or question.
AW/SC claim $6 m plus $25,250.50 fees and $352.92 costs, six-percent interest/$986.30 per day from 5 February 2026, and 6 July 2023 priority. Their account refers to 18 December 2023 liquidation and 2 February 2026 reaffirmance in places, while attached entered orders show 18 December 2025 and 5 February 2026.supportsWhich entered priority rulings, satisfactions and dated payoff calculations reconcile the creditors without counting AW and SC or historical balances twice?
Specifically named source propositions support the bounded distinction or question.
AW/SC claim $6 m plus $25,250.50 fees and $352.92 costs, six-percent interest/$986.30 per day from 5 February 2026, and 6 July 2023 priority. Their account refers to 18 December 2023 liquidation and 2 February 2026 reaffirmance in places, while attached entered orders show 18 December 2025 and 5 February 2026.supportsThe compilation supplies creditor-specific claim history and direct instruments, but it cannot be summed into a clean debt total: AW/SC share a claim, historic satisfied amounts coexist with later stock liability, interest dates vary, and receiver fees remain contingent.
Specifically named source propositions support the bounded distinction or question.
AW/SC say the first judgment/related collection was fully satisfied, including $1,444,543.11 garnishment proceeds and $952,601.71 principal/fees plus Texas costs. Their separate later stock-related $6 m claim remains asserted; satisfaction of the original case is not a release of every later claim.supportsWhich entered priority rulings, satisfactions and dated payoff calculations reconcile the creditors without counting AW and SC or historical balances twice?
Specifically named source propositions support the bounded distinction or question.
Receiver claims at least 25% and up to 33% of collected funds, expenses exceeding $550,000, and a judicial lien from 16 January 2025, invoking quoted appointment-order provisions. He states fees/expenses have not been ruled on and claims no interest. Quoted discretionary may-award 33% language is distinct from his asserted entitlement to 25%.supportsThe compilation supplies creditor-specific claim history and direct instruments, but it cannot be summed into a clean debt total: AW/SC share a claim, historic satisfied amounts coexist with later stock liability, interest dates vary, and receiver fees remain contingent.
Specifically named source propositions support the bounded distinction or question.
Legalist's Second Amended and Restated Government Purchase Order Financing Agreement names Cyberlux and Datron as borrowers. Its face says effective 27 March 2024; section 40 expressly supplies the Second Amendment Date 29 April 2025. These are distinct date roles, not two newly proved funding dates.supportsThe financing record distinguishes a 2024 agreement base from a 2025 restatement and forbearance. Blank eligibility schedules cannot demonstrate that a particular terminated order qualified or that each later advance satisfied the conditions.
Specifically named source propositions support the bounded distinction or question.
Gonzalez asserts TAG is the only interpleader claimant that actually manufactured and sold goods used in the subcontract. That comparative assertion is his position, not an adjudication of every competing claimant's performance.supportsTAG has direct judgment evidence, while its only-manufacturer comparison remains a party proposition. ANPC equipment allegations and other service-based claims require separate tracing before accepting an exclusive goods-supplier conclusion.
Specifically named source propositions support the bounded distinction or question.
Colorado ECF 27, dated 29 August 2025, adopts the magistrate judge's recommendation, grants the default motion, denies the proposed stipulated final order as moot, awards TAG $1,224,275.14 and closes the case. Exhibits 4 and 5 reproduce the same judgment; Exhibit 5 adds a clerk certification stamp.supportsWhat does this Gonzalez filing establish about the interpleader claims?
Specifically named source propositions support the bounded distinction or question.
ANPC's attached verified complaint describes Cyberlux as Nevada-incorporated and alleges equipment/services including two tactical landing systems, guidance systems, trailer, documents and spares. It says the first three of five milestones were paid and final milestones totalled $2,830,050 on 20 December 2024.supportsWhich corporate formation records reconcile North Carolina descriptions in TAG/Legalist documents with Nevada descriptions in ANPC and Modification 4?
Specifically named source propositions support the bounded distinction or question.
Modification 4 section 1 makes sections 3–6 effective/enforceable only upon government contracting-officer approval; HII undertakes submission/notification and Cyberlux cooperation/access to books and records. Section 2 requires good-faith conferral before money-damages proceedings during review. Missing pages prevent this excerpt establishing the settlement amount, signatures, approval or complete obligations.supportsWhat does this Gonzalez filing establish about the interpleader claims?
Specifically named source propositions support the bounded distinction or question.
Berleth responds as Texas-appointed receiver, reserving privilege. He cannot quantify proceeds or final receiver fees because the Texas court has not fixed them. His response proposes representing a consortium beyond the interpleader parties, rather than identifying an entered all-creditor expansion.supportsThe compilation supplies creditor-specific claim history and direct instruments, but it cannot be summed into a clean debt total: AW/SC share a claim, historic satisfied amounts coexist with later stock liability, interest dates vary, and receiver fees remain contingent.
Specifically named source propositions support the bounded distinction or question.
Exhibit 14 contains only printed page 1 of 8 of Modification 4, effective 26 February 2025, reproduced from TXSD 4:25-cv-01689 ECF 1-2. It recites 29 August 2023 subcontract,22 December 2023 stop work, government termination 13 May 2024 and HII termination 17 May 2024 under section 32.1.supportsWhich corporate formation records reconcile North Carolina descriptions in TAG/Legalist documents with Nevada descriptions in ANPC and Modification 4?
Specifically named source propositions support the bounded distinction or question.
The actual consent final order follows the 16 December 2025 hearing and is entered 18 December 2025. It awards $6 m jointly plus $25,250.50 and 6% interest, dismisses with prejudice, and relies on receiver authority despite disputes. Quash is denied without ruling on defendants' standing to challenge notice or appellate rights.supportsThe entered AW orders control the source record of order dates:18 December 2025 and 5 February 2026. The response contains conflicting year/day references; preserve its wording while indexing the actual entered orders separately.
Specifically named source propositions support the bounded distinction or question.
Gonzalez identifies fourteen exhibits, executes the declaration under penalty of perjury on 14 April 2026, and counsel certifies service on 15 April. His authentication of attached copies does not turn the opposing creditors' contentions into personal knowledge of their underlying transactions.supportsGonzalez calls Exhibit 14 a true copy of Modification 4, but the physical exhibit ends after page 1 of 8. Its approval and records-access clauses are readable; the missing seven pages prevent treating it as a complete settlement instrument.
Specifically named source propositions support the bounded distinction or question.
ANPC's attached verified complaint describes Cyberlux as Nevada-incorporated and alleges equipment/services including two tactical landing systems, guidance systems, trailer, documents and spares. It says the first three of five milestones were paid and final milestones totalled $2,830,050 on 20 December 2024.supportsTAG has direct judgment evidence, while its only-manufacturer comparison remains a party proposition. ANPC equipment allegations and other service-based claims require separate tracing before accepting an exclusive goods-supplier conclusion.
Specifically named source propositions support the bounded distinction or question.
The group claims WeShield $3,905,541.64 ($2,916,760 principal/$988,781.64 interest), Roman $576,436.03 ($430,497.41/$145,938.62), MAS $215,062.95 ($160,614.60/$54,448.35) and Sinensky $310,097.79 ($231,589.09/$78,508.70), stated through 9 March 2026.supportsWhich entered priority rulings, satisfactions and dated payoff calculations reconcile the creditors without counting AW and SC or historical balances twice?
Specifically named source propositions support the bounded distinction or question.
Section 9.9 acknowledges continuing defaults notified on 4 November 2024 and 31 March 2025. Borrowers agree the two default charges combine to 9.5% annually, compounded/capitalised monthly. Forbearance is limited to existing defaults for 90 days from the Second Amendment Date unless an earlier new default intervenes.supportsThe financing record distinguishes a 2024 agreement base from a 2025 restatement and forbearance. Blank eligibility schedules cannot demonstrate that a particular terminated order qualified or that each later advance satisfied the conditions.
Specifically named source propositions support the bounded distinction or question.
Fairwinds says the sum became liquidated around 8 July 2025 and expressly answers none to security/lien/assignment, interest and attorney fees; secured-advance dates are not applicable. It cites Fairwinds 0001–0132, not appended here. Thomas Wirth verifies based on existing/discovered records subject to error, with counsel-assisted preparation.supportsFairwinds expressly disclaims any lien/assignment/security interest in this response. Its reported promise of payment from HII funds should not silently be promoted to an asserted perfected security right.
Specifically named source propositions support the bounded distinction or question.
WeShield, Roman Investments, MAS as Rosewood assignee, and Sinensky reserve privilege, confidentiality, burden and supplementation objections. Introductory text says dollar figures as of 19 February 2026 while later text and calculations repeatedly use 9 March 2026; both date statements remain visible.supportsWeShield and the three investment claimants state separate balances totalling $5,007,138.41. Their 19 February introduction conflicts with 9 March calculations; the total is a computation of asserted balances, not an allowed claim.
Specifically named source propositions support the bounded distinction or question.
Forbearance temporarily increases the credit limit by $5.3 m to $12.3 m and charges $53,000 in three instalments. Advances require approved use and HII creditor certification directing all HII payments to Legalist. Weekly 13-week cash forecasts/variance reports are required; expiry restores the $7 m limit and makes obligations due. No default waiver is given.supportsWhere are Legalist's completed eligible-order schedules, actual requests, HII creditor certification and proof of assignment notice, particularly for the 2025 protective advances?
Specifically named source propositions support the bounded distinction or question.
TAG's Colorado complaint names Cyberlux doing business as Catalyst, pleads jurisdiction/venue and describes Cyberlux as a North Carolina corporation. That organisational description differs from the Nevada description in later attached records.supportsWhich corporate formation records reconcile North Carolina descriptions in TAG/Legalist documents with Nevada descriptions in ANPC and Modification 4?
Specifically named source propositions support the bounded distinction or question.
Legalist's 9 March 2026 response claims $13,204,742.88: $10,033,639.75 principal, $2,653,970.84 interest, $112,500 commitment fees, $53,000 forbearance fee, $312,959.79 paid legal fees and $38,672.50 unpaid legal fees. These are creditor computations, not an allowed distribution.supportsWhat does this Gonzalez filing establish about the interpleader claims?
Specifically named source propositions support the bounded distinction or question.
The reconsideration order denies the 2 January 2026 motion, leaves the prior ruling standing, terminates suspension and dispenses with the 24 February hearing. The own image of entry reads 2/5/2026, not the 2 February date elsewhere in the creditor response.supportsThe entered AW orders control the source record of order dates:18 December 2025 and 5 February 2026. The response contains conflicting year/day references; preserve its wording while indexing the actual entered orders separately.
Specifically named source propositions support the bounded distinction or question.
Agreement addresses insurance/tax duties, notices and assignment, applies New York law and exclusive venue, and invokes CPLR 3213 with a payment defence retained. Brian T. Rice signs for Legalist and Mark D. Schmidt for Cyberlux/Datron; the signature page describes Cyberlux's organisation as North Carolina and Datron's as California.supportsWhich corporate formation records reconcile North Carolina descriptions in TAG/Legalist documents with Nevada descriptions in ANPC and Modification 4?
Specifically named source propositions support the bounded distinction or question.
Attached borrowing-base certificate, disbursement request and Eligible Purchase Orders schedule are blank forms/placeholders. No completed borrowing calculation, requested sum or attached eligible contract appears on these pages; blank no-default certifications are not actual submissions.supportsThe financing record distinguishes a 2024 agreement base from a 2025 restatement and forbearance. Blank eligibility schedules cannot demonstrate that a particular terminated order qualified or that each later advance satisfied the conditions.
Specifically named source propositions support the bounded distinction or question.
Legalist lists 3 June 2025 $2,755,100.10 and 9 June $345,000, explaining that the $3,100,100.10 initial advance less $16,460.35 applied to legal fees equals $3,083,639.75 protective principal. Response cites LEGALIST 000001–20 and is served 9 March 2026; Exhibit 6 here contains only 000001–14.supportsWhere are Legalist's completed eligible-order schedules, actual requests, HII creditor certification and proof of assignment notice, particularly for the 2025 protective advances?
Specifically named source propositions support the bounded distinction or question.
Legalist's 9 March 2026 response claims $13,204,742.88: $10,033,639.75 principal, $2,653,970.84 interest, $112,500 commitment fees, $53,000 forbearance fee, $312,959.79 paid legal fees and $38,672.50 unpaid legal fees. These are creditor computations, not an allowed distribution.supportsThe compilation supplies creditor-specific claim history and direct instruments, but it cannot be summed into a clean debt total: AW/SC share a claim, historic satisfied amounts coexist with later stock liability, interest dates vary, and receiver fees remain contingent.
Specifically named source propositions support the bounded distinction or question.
ANPC claims priority 24 September 2025 or 30 December 2024 under its equitable-assignment theory, interest of $257,828.86 and no attorney fees. It characterises unpaid delivery as an effective 30 December advance, not a documented cash loan. The response's interest discussion needs reconciliation with its stated judgment and principal.supportsANPC total $3,087,878.86 equals its $2,830,050 principal plus $257,828.86 interest, rather than the reported $2,926,814.39 judgment plus that interest. A dated calculation must establish whether the earlier $96,764.39 is embedded, replaced or inadvertently omitted.
Specifically named source propositions support the bounded distinction or question.
The group claims WeShield $3,905,541.64 ($2,916,760 principal/$988,781.64 interest), Roman $576,436.03 ($430,497.41/$145,938.62), MAS $215,062.95 ($160,614.60/$54,448.35) and Sinensky $310,097.79 ($231,589.09/$78,508.70), stated through 9 March 2026.supportsWhat does this Gonzalez filing establish about the interpleader claims?
Specifically named source propositions support the bounded distinction or question.
Receiver cites Berleth 0001–1328 as appointment/receivership production, with response and service 9 March 2026. This 145-page compilation does not append that 1328-page production. Service list identifies creditor counsel; it supplies neither allowed claims nor consortium consent.supportsWere the receiver's proposed all-creditor expansion and fee award entered, and which consortium members authorised the proposed allocation?
Specifically named source propositions support the bounded distinction or question.
Legalist's 9 March 2026 response claims $13,204,742.88: $10,033,639.75 principal, $2,653,970.84 interest, $112,500 commitment fees, $53,000 forbearance fee, $312,959.79 paid legal fees and $38,672.50 unpaid legal fees. These are creditor computations, not an allowed distribution.supportsWhich entered priority rulings, satisfactions and dated payoff calculations reconcile the creditors without counting AW and SC or historical balances twice?
Specifically named source propositions support the bounded distinction or question.
Berleth responds as Texas-appointed receiver, reserving privilege. He cannot quantify proceeds or final receiver fees because the Texas court has not fixed them. His response proposes representing a consortium beyond the interpleader parties, rather than identifying an entered all-creditor expansion.supportsWere the receiver's proposed all-creditor expansion and fee award entered, and which consortium members authorised the proposed allocation?
Specifically named source propositions support the bounded distinction or question.
Receiver claims at least 25% and up to 33% of collected funds, expenses exceeding $550,000, and a judicial lien from 16 January 2025, invoking quoted appointment-order provisions. He states fees/expenses have not been ruled on and claims no interest. Quoted discretionary may-award 33% language is distinct from his asserted entitlement to 25%.supportsWhich entered priority rulings, satisfactions and dated payoff calculations reconcile the creditors without counting AW and SC or historical balances twice?
Specifically named source propositions support the bounded distinction or question.
Fairwinds claims $2,348,542 under 3 October 2022 teaming and 7 June 2023 service/supply agreements: prime role or 8% of first 1,000 drones if another prime chosen. It says Schmidt's 8 July 2025 invoice-backed spreadsheet acknowledged the amount and promised payment from remaining HII proceeds. These are Fairwinds' statements about Cyberlux's acknowledgement.supportsTAG has direct judgment evidence, while its only-manufacturer comparison remains a party proposition. ANPC equipment allegations and other service-based claims require separate tracing before accepting an exclusive goods-supplier conclusion.
Specifically named source propositions support the bounded distinction or question.
ANPC alleges the customer had paid Cyberlux by 20 December and the sum became due 30 December; a 15 May demand was unfulfilled. It seeks $2,926,814.39 including $96,764.39 interest at 8%. This attachment is a complaint, not the later judgment.supportsWhat original ANPC judgment and interest ledger reconcile the $96,764.39 already included in the judgment with the later $257,828.86 interest claim?
Specifically named source propositions support the bounded distinction or question.
Exhibit 14 contains only printed page 1 of 8 of Modification 4, effective 26 February 2025, reproduced from TXSD 4:25-cv-01689 ECF 1-2. It recites 29 August 2023 subcontract,22 December 2023 stop work, government termination 13 May 2024 and HII termination 17 May 2024 under section 32.1.supportsWhere are Modification 4 pages 2–8, the signed execution copy and the government approval record, and which sections became enforceable on what date?
Specifically named source propositions support the bounded distinction or question.
Exhibit 14 contains only printed page 1 of 8 of Modification 4, effective 26 February 2025, reproduced from TXSD 4:25-cv-01689 ECF 1-2. It recites 29 August 2023 subcontract,22 December 2023 stop work, government termination 13 May 2024 and HII termination 17 May 2024 under section 32.1.supportsGonzalez calls Exhibit 14 a true copy of Modification 4, but the physical exhibit ends after page 1 of 8. Its approval and records-access clauses are readable; the missing seven pages prevent treating it as a complete settlement instrument.
Specifically named source propositions support the bounded distinction or question.
Receiver claims at least 25% and up to 33% of collected funds, expenses exceeding $550,000, and a judicial lien from 16 January 2025, invoking quoted appointment-order provisions. He states fees/expenses have not been ruled on and claims no interest. Quoted discretionary may-award 33% language is distinct from his asserted entitlement to 25%.supportsWere the receiver's proposed all-creditor expansion and fee award entered, and which consortium members authorised the proposed allocation?
Specifically named source propositions support the bounded distinction or question.
Modification 4 section 1 makes sections 3–6 effective/enforceable only upon government contracting-officer approval; HII undertakes submission/notification and Cyberlux cooperation/access to books and records. Section 2 requires good-faith conferral before money-damages proceedings during review. Missing pages prevent this excerpt establishing the settlement amount, signatures, approval or complete obligations.supportsWhere are Modification 4 pages 2–8, the signed execution copy and the government approval record, and which sections became enforceable on what date?
Specifically named source propositions support the bounded distinction or question.
AW/SC claim $6 m plus $25,250.50 fees and $352.92 costs, six-percent interest/$986.30 per day from 5 February 2026, and 6 July 2023 priority. Their account refers to 18 December 2023 liquidation and 2 February 2026 reaffirmance in places, while attached entered orders show 18 December 2025 and 5 February 2026.supportsThe entered AW orders control the source record of order dates:18 December 2025 and 5 February 2026. The response contains conflicting year/day references; preserve its wording while indexing the actual entered orders separately.
Specifically named source propositions support the bounded distinction or question.
Receiver claims at least 25% and up to 33% of collected funds, expenses exceeding $550,000, and a judicial lien from 16 January 2025, invoking quoted appointment-order provisions. He states fees/expenses have not been ruled on and claims no interest. Quoted discretionary may-award 33% language is distinct from his asserted entitlement to 25%.supportsReceiver possession and efforts to deliver goods are separate from fee allowance. His quoted discretionary 33% ceiling and asserted 25% entitlement do not establish an entered award; an expanded consortium remains conditional on court action.
Specifically named source propositions support the bounded distinction or question.
ANPC claims priority 24 September 2025 or 30 December 2024 under its equitable-assignment theory, interest of $257,828.86 and no attorney fees. It characterises unpaid delivery as an effective 30 December advance, not a documented cash loan. The response's interest discussion needs reconciliation with its stated judgment and principal.supportsWhat original ANPC judgment and interest ledger reconcile the $96,764.39 already included in the judgment with the later $257,828.86 interest claim?
Specifically named source propositions support the bounded distinction or question.
Fairwinds says the sum became liquidated around 8 July 2025 and expressly answers none to security/lien/assignment, interest and attorney fees; secured-advance dates are not applicable. It cites Fairwinds 0001–0132, not appended here. Thomas Wirth verifies based on existing/discovered records subject to error, with counsel-assisted preparation.supportsWhat does this Gonzalez filing establish about the interpleader claims?
Specifically named source propositions support the bounded distinction or question.
AW and Secure Community jointly respond on 9 March 2026, describing AW as SC's sole owner and their claims as the same obligation rather than additive recoveries. They trace the debt to intellectual-property acquisition and the 15 June 2023 settlement, with a separate contingent stock claim.supportsWhich entered priority rulings, satisfactions and dated payoff calculations reconcile the creditors without counting AW and SC or historical balances twice?
Specifically named source propositions support the bounded distinction or question.
ANPC's 9 March 2026 response claims $3,087,878.86 and reports a 21 July 2025 judgment of $2,926,814.39,24 September fieri facias and 8 October garnishment of HII. It asserts equitable assignment of receipts allegedly spent on other programmes; the judgment and writ originals are not attached within Exhibit 10.supportsWhat does this Gonzalez filing establish about the interpleader claims?
Specifically named source propositions support the bounded distinction or question.
WEIGH
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