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MM's need to move the ask up to .035, keep the bid where it's at.
Duffy seems to have some backwards communication issues, he's definetly not comfortable with his communication skills. It's almost like he's been merandized, his lawyer is sitting next to him telling him to admit to nothing.
If there're confidential events taking place that can't be mentioned then don,'t mention them by name but some pep talk from Duffy is way over due.
LOLOLOLOL....NO, THEY ARE DEFINITELY NOT INVESTORS. THEY DON'T GIVE 2 SHITS ABOUT THOSE WARRANTS. THEY WILL TAKE WHATEVER ASSETS xeri HAS AND CALL IN THE NOTES. THIS POS SCAM IS DONE....
LOLOLOLOL....YOU'RE "ASS-UMING" A TOXIC LENDER IS JUST GOING TO SAY BYE BYE T0 10M OWED. DON'T THINK SO.
I'd say, the silence from Duffy since the beginning of March speaks for itself. Nothing is happening right now, I'm not even sure Duffy cares anymore. Things looked promising 2 years ago, but pretty lame results have been the outcome since then. It's hard to watch something you invested in failing, but that's what it's looked like for the past couple years. Almost 2 months have gone by without a word. The world turned terrible almost overnight.....February 2022......and it still feels like the world is in the twilight zone. Glta.
Auctus may be the Lender, but, with 50 million Warrants, at 0.09, they are also investors. XERI... $$$$$$$$.. LONG!!
Google "Auctus+Fund+LLC+default+judgement" and the only results will be judgements against OTHER companies. NONE AGAINST XERIANT!!!
Where does it say that a judgement of default was ever filed? The fact that Auctus has the right to do so under certain circumstances isn't the same as doing it! A judgement would be in the public domain.
Read the filing it's not speculation but clearly spells out that XERI is in DEFAULT since March 15th. Doen't matter how it's spun.
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Auctus may not give a shit about XERI but there's NO EVIDENCE they've filed a default judgement against XERI yet. So any assumption that XERI has been declared in default is pure speculation. FACT!!!
Just a reminder the AS is only 5,000,000,000 so once Auctus starts diluting this will drop like a big deuce. So will they be able to average .002 and that's for EVERY share to get their $10 mil, I doubt it!!!! At least the OS is less than 400 mil for now. This will see trips quick.
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Auctus is called a TOXIC LENDER for a reason. They don't give a shit about XERI and might get their $10 mil with penalties and then some. If they can get that out of this turd.They are guaranteed to take their pound of flesh off of this POS. Duffy has NO CONTROL over what AUCTUS does. No 8-K, No BS PR, No Contracts, No nothing after being in DEFAULT for 5 weeks. END IS NEAR.
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Technically, you're correct. But it's not as if Duffy put up his house as collateral. The note appears to be "secured" by millions of warrants -- which (according to those who believe XERI is a scam) are worth very little.
Simply because Auctus has the contractual ability to do something doesn't mean they will do so -- as demonstrated by the fact that they haven't declared XERI in default to date. Predicting that Auctus will "soon drop the hammer" on XERI is pure speculation.
Why do you say unsecured when it clearly states SENIOR SECURED PROMISSORY NOTE. Didn't Duffy put XERI up as colateral which has already cost him shares and money.
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You will learn how OTC SCAMS work real SOON. AUCTUS will drop the hammer on this POS WITHOUT ANY NOTICE which you left out the part " WITHOUT ANY FURTHER NOTICE"
.
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According to the language cited in your post, a judgement is exactly what's called for in order to declare XERI to be in default! (SEE BOLD TEXT BELOW)
SENIOR SECURED PROMISSORY NOTE
"THIS INSTRUMENT CONTAINS AN AFFIDAVIT OF CONFESSION OF JUDGMENT PROVISION WHICH CONSTITUTES A WAIVER OF IMPORTANT RIGHTS BORROWER MAY HAVE AND ALLOWS THE HOLDER TO OBTAIN A JUDGMENT AGAINST BORROWER WITHOUT ANY FURTHER NOTICE."
It's pretty standard language for an unsecured loan under the circumstances.
Who would agree to the terms Auctus proposed unless very desperate to get some kind of profit out of this SCAM. Duffy gave them carte blanche with noway to dispute anything they do. What a douche!!!
SECURITIES PURCHASE AGREEMENT
EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE, AND AGREES NOT TO REQUEST, A JURY TRIAL FOR THE ADJUDICATION OF ANY DISPUTE HEREUNDER OR IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR ANY TRANSACTIONS CONTEMPLATED HEREBY.
https://www.sec.gov/Archives/edgar/data/1481504/000147793221007820/xeri_ex101.htm
Now, I feel the need to purchase more shares of XERI. XERI... $$$$$$$$..LONG!!
Nope! Defaults occurred, previously penalties issued, re-worked default extensions occurred.
Multiple Xeriant SEC filings clearly state these defaults, and penalties, and previously re-worked Auctus Note and Movychem JV.
Six Xeriant defaults in total now.
Three defaults on each the Auctus Note and the Movychem JV.
No extension or re-worked terms on each the third default on March 15th, 2023 of the Auctus Note, and of the Movychem JV.
Previous twice re-worked terms to extend each the Auctus Note and the Movychem JV does not negate each and both the current March 15th, 2023, Xeriant defaults.
Over a month later today, today, April 18th, 2023, no extensions, no penalties.
Just two additional March 15th, 2023 defaults without a word from Keith Duffy or Xeriant's Board, or Xeriant's independent managers.
Just simple clear 3rd time default on each the Auctus Note, and the Movychem JV.
SEC filings confirm.
Facts.
.
Nah, Defaults occurred 3/15/23. SEC filings say so.
Fact.
.
Don't know if a judgement is necessary. Since this DEFAULT is expressed in the original SENIOR SECURED PROMISSORY NOTE and therefore just completing the signed agreement according to the terms. Would a judgement be warranted for completing the contract???? A default would be a material event if the cause for the default was outside the scope of the agreement. This would take court action to settle but what's in the contract has already been agreed upon.
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.0002 after you factor in sp decline post rs and I forsee this POS SC getting DELISTED as well....
So, you right about .01. But, it WILL drop more than that.
LOLOLOLOL...."GO FOR LAUNCH"??? ROCKET FUEL IS EXPENSIVE AND THESE LYING GRIFTERS ARE BROKE....
HENCE NO LAUNCH FOR THIS POS SCAM....
0.01 coming up. CONVINCE ME IM WRONG
No 8-K, No Judgements, No Defaults. We are Go For Launch! XERI... $$$$$$$$.. LONG!!
So, has Auctus obtained a judgement against XERI? Wouldn't that be public knowledge?
Bullshit. Misleading. 100% incorrect. Fact.
NO 8K YET AS PREVIOUS 8K EXTENDING THE DEADLINE=DEFAULT AS STATED IN TERMS OF LOAN FILED WITH SEC....I HAVE SPOKEN, IN BOLD AND CAPS THIS TIME.....LOLOLOLOL
No Defaults. XERI... $$$$$$$$.. LONG!!
This part of your statement is what you would call PURE SPECULATION " The parties have negotiated extensions in the past and have probably done so again.. Unlike the filing saying " WITHOUT ANY FURTHER NOTICE." can be taken as fact.
One isn't needed since the reason for this DEFAULT is spelled out in the original SENIOR SECURED PROMISSORY NOTE.
Smart PPL should be able to understand the conditions for DEFAULT have been meet with NO NEED to give any further notice as stated in the filing
SENIOR SECURED PROMISSORY NOTE
"THIS INSTRUMENT CONTAINS AN AFFIDAVIT OF CONFESSION OF JUDGMENT PROVISION WHICH CONSTITUTES A WAIVER OF IMPORTANT RIGHTS BORROWER MAY HAVE AND ALLOWS THE HOLDER TO OBTAIN A JUDGMENT AGAINST BORROWER WITHOUT ANY FURTHER NOTICE."
https://www.sec.gov/Archives/edgar/data/1481504/000147793221007820/xeri_ex41.h
“The worst lies are the lies we tell ourselves."
YOU HAVE BEEN WARNED OF DEFAULT (FACT)
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WRONG! Auctus has NEVER declared XERI in default!
The parties have negotiated extensions in the past and have probably done so again. It would be pure speculation to assume otherwise!
Nope! Defaults occurred, penalties issued, re-worked extensions occurred.
Multiple Xeriant SEC filings clearly state these defaults, and penalties, and re-worked Note and JV. Six defaults in total now. Three on each the Auctus Note and the Movychem JV.
Re-worked terms to extend he Auctus Note and the Movychem JV does not negate the default. Duh!
Now again the Auctus Note default, and the Movychem JV default on March, 15th, 2023.
Over a month later today, April 17th, 2023, no extensions, no penalties, just simple clear 3rd time default on each the Auctus Note, and the Movychem JV.
Fact.
.
There have been two recent March 15th defaults. Fact.
The 10-Q SEC filing says so, irrespective of your post's BS.
A falling out was not discussed by me, and additionally Auctus not selling and converting is another consideration no one knows the reason(s) for. A reasonable estimation that it currently is not advantageous to Auctus to sell off large lot quantities of XERI, which would drive the price down under their own selling pressure. Or Auctus has plans yet implemented.
Either way, your claim that supports a notion of no Xeriant defaults is 100% incorrect.
There is the Movychem JV default as well.
The 10-Q was specifically cited and clearly establishes Xeriant's double default as of March 15th, 2023.
Fact. Obvious.
.
XERI & Auctus have renegotiated 2 DEFAULTS already. The first DEFAULT happened July 27th and was renegotiated OUT OF DEFAULT on Aug 1st 2022 4 days after the 8 month deadline for the uplist / merger. The third DEFAULT happened actually on Jan 15th when the S-1 failed to be filed by Jan 15th but now is in clear DEFAULT after Mar 15th 2023 since there has been NO UPDATED 8-K showing ongoing negotiation is in progress as before even after 5 weeks of being in 3rd DEFAULT. Auctus might want their pound of flesh ($10 mil+) and be done with the $50,000 chump change to give another extension.
1. Effective August 1, 2022 (the “Effective Date”), Xeriant, Inc. (the “Company”) entered into an Amendment to Senior Secured Promissory Note (the “Amendment”) with Auctus Fund, LLC (“Auctus”) pursuant to which the parties agreed to amend the Company’s Senior Secured Convertible Promissory Note in the principal amount of $6,050,000 dated October 27, 2021
Effective December 27, 2022 (the “Effective Date”), Xeriant, Inc. (the “Company”) entered into a Second Amendment to Senior Secured Promissory Note (the “Second Amendment”) with Auctus Fund, LLC (“Auctus”) pursuant to which the parties agreed to amend the Company’s Senior Secured Convertible Promissory Note in the principal amount of $6,050,000 dated October 27, 2021 (the “Note”) issued to Auctus. The Amendment (i) extended the maturity date of the Note, the obligation to uplist to a national securities exchange and the acquisition of XTI Aircraft Company to March 15, 2023, and (ii) extended the date to file an S-1 registration statement to uplist the Company’s common stock to a national securities exchange to January 15, 2023. In consideration of the Amendment, the Company agreed to (i) grant to Auctus a new Warrant to purchase 25,000,000 shares of Common Stock dated December 27, 2022 (the “New Warrant”) at an exercise price of $0.09 per share; and (ii) make two pre-payment installments of $50,000 on January 15, 2023 and February 15, 2023.
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NO 8K YET AS PREVIOUS 8K EXTENDING THE DEADLINE=DEFAULT AS STATED IN TERMS OF LOAN FILLED WITH SEC....I HAVE SPOKEN
How about waiting to see what XERI and Auctus may have worked out, rather than immediately assuming the worst?
WRONG! Mutually agreed-upon conditions for avoiding default can often be negotiated between parties -- just as they had been previously.
Stock, it's obvious to me, SP is correct. Something else or agreement is in the works. This could all change in the future, if Auctus has a true falling out, they will dilute this to .0001..... I have not seen any evidence of a sell off, I hope there never is. If by some miracle XERI pays off AUCTUS, what will be the PPS be?
Spoke too soon, Ask was immediately dropped. Nice job MMs. If 140k shares were bought at .033, why would they lower the ask under that price? Clearly manipulated. This ticker is controlled by crooks.
10-Q was Feb. 16th, 2023. Default-is-stated-to-be March 15th, 2023, one month in the future should the Auctus Note conditions not be met.
It is 100% certain Note conditions were not met.
Therefore as this Feb. 16th, 2023 SEC-filed 10-Q states, Xeriant will and thus did default on the Auctus Note on March 15th, 2023.
10-Q
Less than 30 days until the next 10-Q. Will there be a 8-K before then, I doubt if it, only been 5 weeks with NO UPDATE on the AUCTUS TOXIC LOAN. Looking BAD for another extension. Time might be finally up for this POS
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Why would a filing that is for that last 3 months of 2022 have any bearing on a DEFAULT that occurred on March 15 2023. Just more STALL and DISTRACTION BS
DEFAULT IS FACT according to the available information as of last filing. That is not speculation as you claim but fact. Speculation is starting the sentence with "What if XERI" that may never happen where as the filing is clear in what has already occurred to caused this DEFAULT.
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One isn't needed since the reason for this DEFAULT is spelled out in the original SENIOR SECURED PROMISSORY NOTE.
Smart PPL should be able to understand the conditions for DEFAULT have been meet with NO NEED to give any further notice as stated in the filing
"THIS INSTRUMENT CONTAINS AN AFFIDAVIT OF CONFESSION OF JUDGMENT PROVISION WHICH CONSTITUTES A WAIVER OF IMPORTANT RIGHTS BORROWER MAY HAVE AND ALLOWS THE HOLDER TO OBTAIN A JUDGMENT AGAINST BORROWER WITHOUT ANY FURTHER NOTICE."
https://www.sec.gov/Archives/edgar/data/1481504/000147793221007820/xeri_ex41.h
“The worst lies are the lies we tell ourselves."
YOU HAVE BEEN WARNED OF DEFAULT (FACT)
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Go to XERI's latest SEC filing (10-Q) and scroll down to:
"Table of Contents PART II – OTHER INFORMATION"
Under Item 3, you'll see:
"Defaults Upon Senior Securities"
Followed by "None."
That's "NONE" as in "NO DEFAULTS!!!"
(NOTE: Previously in the filing, the Auctus loan was described as a "Senior Security")
Feel free to cite any more current information that contradicts the above!!!
Good Monday morning. XERI... $$$$$$$$.. LONG!!
There are no SEC filings that state that XERI is (or was ever) in default! In fact, just the opposite!
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