Xeriant Inc (XERI)

[Smartypants2]

Once again, you are ignoring the fact that the legality of the entire Auctus/XERI loan agreement is very much in question (based on directly relevant precedent as cited in the appeal) due to the fact Auctus may well have been acting as an unregistered broker. If the appellate court agrees with Basile's argument, any reference to jurisdiction in the loan agreement would likewise be deemed unenforceable.

[Smartypants2]

Another victim of XERI Derangement Syndrome -- as diagnosed by an inability to accept any possibility that XERI may be a legitimate company.

[KILLAZILLA]

SHILLS DO WHAT SHILLS DO....

LIE!!!!!

[quester614]

It's frivolous because the NY courts have NO JURISDICTION over the AUCTUS case because of the Contractual Jurisdiction CLAUSE.

You like COPILOT so much will you believe what it says????

[KILLAZILLA]

LOLOLOLOL....I NEEDED A GOOD LAUGH!!!

"you are totally dismissing any possibility that XERI may be a legitimate company"

[Smartypants2]

Oh, really? You found websites from law firms and government agencies that claim XERI's lawsuits are frivolous? No, of course you didn't! You found general information that you immediately interpreted as supporting your position -- and, just as I've been saying -- you then jump to your (pre-conceived) conclusion that XERI's lawsuits are just part of the GREAT INTERNATIONAL XERI SCAM. Funny how it all fits together. (In your mind, at least. What a dark and scary place that must be.)

Have you called the Basile Law Firm? Of course not! Did you ask Bing Copilot about XERI's appeal of the Auctus decision?

Do they have precedent on their side? It it a strong legal argument? If the answer is "YES"...THEN THE LAWSUIT IS NOT FRIVOLOUS!

[quester614]

Talk about denying. LOLOLOLOL Those were not my words but cited from many different Law Firm and Gov. sites. Also answers by AI. Also that's why I said SHOWN and not my interpretation.
Do you deny we made 2 bets?
Do you deny the wager was the loser leaves the board?
Do you deny the XTI/INPX has been completed? 1st BET
Why does the pending lawsuit matter?? Come back if they WIN then I will LEAVE. Just like YOU claim the contract JC void before the appeal court does. Even though the lower court was dismissed for that reason.
Do you deny the second bet ended Oct 31 2023 when Nexboard had NOT been certified yet.

[Smartypants2]

You're only proving my point! You are pathologically incapable of recognizing the difference between your opinion and/or your interpretation of "facts" and verifiable reality. How are going to explain away a single one of XERI's successes in court or in business when you've gone so far out on a limb declaring everything they do to be part of a scam? Your entire argument will soon collapse like a house of cards. Of course, you'll deny it for weeks -- until the reality finally sets in.

[quester614]

You are COMPLETELY CORRECT. After 4 years of NOTHING but claiming that it's not XERI's FAULT. Just BAD LUCK that all the other companies they have dealt with are the SCAMS
BTW I have been claiming this for 3 years. In that time it's only become MORE APPARENT from the frivolous Lawsuits to STALL AND DISTRACT for the constant DILUTION

You mean posting FACTS on how personnel Jurisdiction works.
You mean showing the Auctus case was dismissed because NY State Law has no Jurisdiction BECAUSE of the MA Contract Jurisdiction CLAUSE.
You mean showing that XTI extended the pre merger agreement terms to Aug 31 2022 in order to give XERI more time to complete the merger.
You mean showing it was XERI that failed to complete the pre merger agreement of the UPLIST and $10 mil down payment
.

[Smartypants2]

Again, you are totally dismissing any possibility that XERI may be a legitimate company. So why should anyone give you the benefit of the doubt in questioning the validity of any of your statements of "fact"?

[quester614]

You're the one that fell for this POS SCAM.

[Smartypants2]

Re: "Pathetic bullshit"...Don't be so hard on yourself. (On the other hand, introspection is good for the soul.)

[quester614]

PATHETIC BULLSHIT.

[Smartypants2]

Oh, please! You have clearly and repeatedly demonstrated a total lack of comprehension of business law, contract law, the appellate courts, legal jurisdiction, and virtually anything with the word "legal" in it. You have zero concept of what LOI's and Term Sheets are supposed to do -- and your feeble-minded attempts to undermine XERI's lawsuit against XTI as well as its appeal of the judge's obviously flawed decision on XERI's lawsuit against Auctus are just further proof of your extreme bias against XERI.

[quester614]

You have already PROVEN TO HAVE ZERO.00000000000000000 credibility in your legal understanding. FACT

[Smartypants2]

Once again, you reveal a total lack of understanding of term sheets, LOI's, and contracts in general. A term sheet is an outline of the key points of agreement to be addressed in greater detail via a subsequent, definitive agreement. It is NOT a list of to-do items that must be checked off PRIOR to the signing of any subsequent agreement. And certainly not anything that needs to addressed prior to the signing of an LOI, which generally comes BEFORE a term sheet is ever drafted.

[KILLAZILLA]

"DEFINITIVE" BULLSHIT FROM LYING GRIFTERS!!!!!!

firm, final, and complete; not to be questioned or changed...LOLOLOLOL

[quester614]

That clause was in the TERM SHEET which meant those had to be completed before they moved forward with the LOI for the DEFINITIVE MERGER AGREEMENT that you argued back then meant the merger was a done deal. The LOI was announced Oct 22 2021 THEN came the Auctus loan in Nov 2021. The loan requirements were the same that XERI had already agreed to in the TERM SHEET. XERI had to UPLIST to NASDAQ and complete the MERGER with XTI. XTI and XERI had agreed to those terms PLUS other stipulations in order to sign a DEFINITIVE MERGER AGREEMENT meanwhile they ended up signing with INPX to complete their pitiful attempt to be a NASDAQ worthy company.

NEVER was the capital for the JV. XTI extended the TERM SHEET TILL Aug 31 2022 FACT
So XTI gave more time while for XERI but Auctus did not. So when I started bringing up this FACT that of the AUCTUS DEFAULTS that continue to deny happened.
THEY ALREADY KNEW THE HOPE OF A MERGER WAS OFF THE TABLE AFTER AUG 31 2022. DUFFY also knew of this but continued to sign 2 more DEFAULT EXTENSIONS. WHY????????????????????????????????????????????????????????????


(USELESS AFTER AUG 31 2022)
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 (the “Note”) issued to Auctus. The Amendment (i) extended the maturity date of the Note to November 1, 2022 and (ii) extended the dates for the completion of the acquisition of XTI Aircraft and the uplist of the Company’s common stock to a national securities exchange to November 1, 2022. 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 July 26, 2022 (the “Warrant”) at an exercise price of $0.09 per share; (ii) make a prepayment of the Note in the amount of $100,000; and (iii) cause a director of the Company to cancel his 10b-5(1) Plan
https://www.sec.gov/ix?doc=/Archives/edgar/data/1481504/000147793222005599/xeri_8k.htm

[Smartypants2]

WRONG AGAIN! It actually says that XERI must be approved for uplisting for the merger to happen — but NOT that XERI must uplist prior to the merger. The ability to uplist was predicated on the merger and the uplist essentially happening simultaneously. The merged entity (still called XERIANT) would have been uplisted, NOT the pre-merger XERI. As for the other terms you claim XERI failed to meet, that was because they were never given the opportunity to do so, or may not have been necessary (such as a reverse) -- since XTI backed out of the deal. Not once, but TWICE -- as shown in the lawsuit!

Once again, you seem to think that XERI would make an argument in XTI's defense in a lawsuit that XERI is bringing against them. Only someone with no understanding of the law (or of plain English, for that matter) would make that assumption!

[KILLAZILLA]

GARBAGE TICKER THAT WILL CONTINUE DOWNWARD WELL BELOW .01....FACT!!!!!

GET OUT OF THIS POS SCAM RUN BY LYING GRIFTERS WHILE YOU CAN!!!!!!!!!!!!!!

I'VE BEEN 100% CORRECT ABOUT ALL THE OTHER OTC POS SCAMS I'VE POSTED ABOUT HERE!!!!

SCAMBOARDS ARE SCAM!!!

LAWSUITS HAVE ALREADY BEEN TOSSED OUT!!!

THIS POS CONTINUES TO DILUTE MILLIONS OF SHARES TO PAY themselves!!!!

TOTAL POS SCAM!!!!!!!!!

[quester614]

We see that there were other requirements in the TERM SHEET that XERI failed to complete. Clearly it was XERI that failed to meet the Terms of the signed agreement. Not once but TWICE as shown in the lawsuit

Failed to complete a PUBLIC OFFERING
Failed to do a RS in order to meet NASDAQ SP REQUIREMENTS.

[quester614]

WRONG The TERM SHEET required the UPLIST to NASDAQ along with the $10 mil down payment.


https://cdn.yahoofinance.com/prod/sec-filings/0001481504/000147793223009096/xeri_ex991.htm

[quester614]

I'm saying the Auctus loan had NOTHING to do with the MERGER agreement which was arranged in Sept 2021. The 2 DEFAULTS that occurred on the Auctus note was because not uplisting and not completing the XTI merger. It had NOTHING to do with the JV smoke and mirrors BS which only amounted in a BS lawsuit.
Doesn't matter that the JV wasn't properly funded. The lawsuit isn't about the JV but the failure to complete the merger.
Most already see your BS over this. FACT

[Smartypants2]

LIES, LIES, LIES! You were supposed to offer proof that XERI needed more time to put up the money for the merger. Not simply that XTI and XERI agreed to an extension of the term sheet! And the uplist was supposed to happen AFTER the merger.

[Smartypants2]

Don’t project your pathologically twisted thinking onto me! Despite all evidence to the contrary, you still think the JV was never properly funded by XERI and that somehow that (non-)default carried over to the merger as a payment due. Stock and I have pointed this out over and over, yet it never seems to penetrate. It would be sad if you weren't so obnoxious about it.

[quester614]

NO You asked for PROOF that XTI gave more time to complete the merger, which is exactly what that shows. It was XERI that failed to raise the 10% of the $100 mil capital needed to complete the merger. Along with not uplisting to NASDAQ as required in the SIGNED PRE MERGER TERM SHEET.

XERI FAILED NOT XTI

[quester614]

You Never understood that the Auctus loan had nothing to do with the JV. The $10 mil down payment toward the merger or 10% of $100 mil was NEVER FUNDED by XERI. That's what lead to 2 DEFAULTS and ADDED penalties on the Auctus note. Nowhere does the Auctus Note mention any connection to the JV. The pre merger agreement requires that XERI UPLIST to NASDAQ before the merger can complete to ensure that XTI would be listed. That's why Duffy went back to SCAM F&F out of more capital to pay for the JV. You have already said the JV was funded by F&F.

[Smartypants2]

LMAO! You actually thought that an exhibit to XERI's lawsuit against XTI would support XTI's position? Seriously??? It was there to make XERI's case that XTI kept jerking them along by extending the term sheet while secretly seeking a SPAC or other public company that might have offered them a faster track to NASDAQ.

[KILLAZILLA]

What do you expect from a KNOWN SHILL...

[John Doe 2024]

Duffy needs to step down I think everyone here is in agreement with that. He has not produced anything except supposedly being ripped off by toxic lenders as well as multiple lawsuits and a lost merger. Smarty no way you can defend that those are the absolute facts.

[Smartypants2]

That document makes no mention of any need or failure to fund anything. It's simply an extension of the Term Sheet Offer. And the JV agreement (WHICH HAD NOTHING TO DO WITH THE MERGER!) never required XERI to invest $10 million. It only gave XERI the OPTION to do so. FYI: Maxim had agreed to raise the $100 million required to do the merger. Any additional funds to pay for the development of the TF600 were supposed to be raised following the uplist to NASDAQ.

[SurgeGuy2.0]

This thing going sub-penny soon?

[quester614]

It's in the LAWSUIT AH that shows Exhibit C EXTENDED the TERM SHEET offer until August 31, 2022 for XERI to fully fund the PRE MERGER AGREEMENT that was agreed to by both parties. The $10 mil was to be fully funded by the end of May 31 2022 according to the 8-K JV agreement.
It was Duffy who failed to fund the XTI OFFER not that XTI stopped the merger until giving XERI EXTRA TIME and moving forward to NASDAQ SINCE XERI COULD NOT DELIVER.

The Agreement was effective on June 4, 2021, with an initial deposit of $1 million into the JV. Xeriant’ financial commitment is $10 million, contributed over a period of less than one year, as required an aircraft development timeline and budget.
https://www.sec.gov/Archives/edgar/data/1481504/000147793221003919/xeri_8k.htm


https://cdn.yahoofinance.com/prod/sec-filings/0001481504/000147793223009096/xeri_ex991.htm

[Smartypants2]

You have NO IDEA what you're talking about! What credible evidence supports that claim???

[quester614]

BULLSHIT XTI didn't back out IN FACT they gave XERI extra time in order to complete the merger. It was XERI that COULD NOT COMPLETE THE TERMS OF THE MERGER AGREEMENT. MORE LYING BULLSHIT from a HONORLESS WELCHER.

[KILLAZILLA]

you're TOTALLY DILUTIONAL THINKING THESE LYING GRIFTERS WILL DO ANYTHING...

[Smartypants2]

True. XTI backed out of the merger, causing XERI to get screwed by Auctus. (Their pps was around .30 before that happened). And NNC hasn't yet formally announced its deal with XERI on that mega-housing project in Ivory Coast. That doesn't mean that XERI won't get something out of its investment in (or $500 million lawsuit of) XTI...or that NNC isn't actually doing that project in Africa (which it HAS made public, BTW -- including a reference to using NEXBOARD in its construction of all those homes.)

[Lebbe1]

Not 1 thing happened from what was in that Press Conference, which was announced by I guess about 5 PR’s….

[Smartypants2]

FYI: Duffy had very little to do with that -- as he was in Eastern Europe at the time meeting with Movychem. If I recall, the original plan was described as a live video press conference (it was during the pandemic), but at the 11th hour (probably due to logistical and/or technical issues), it was decided to have the participants pre-record their segments. So what we expected to be an interactive press conference, turned out to be a poorly produced video compilation that left many of us frustrated. Not exactly a big FU, but certainly a missed opportunity all the way around.

[Lebbe1]

Remember the huge ‘press conference’ (was it 3 or e tears ago), which turned out just to be a recording…
Biggest Fuck You to shareholders since long imo

[Lebbe1]

Maybe, but Duffy has done a shitty job to prove different, on the contrary!

[Smartypants2]

Sorry to say, there are a few here who would rather be proven right than to see XERI and its retail investors succeed.

[Lebbe1]

I think there is not any person here not willing to see that famous ‘soon’!

Just that word has been used over 4 years already….

Maybe you should reply now: ‘be ready to be surprised’ LOL

[Smartypants2]

You just proved my point! You are so totally blinded by your need to prove your conspiracy theories that you can't even allow for any other explanation -- no matter how logical. You will soon be faced with the reality that XERI will begin its final production run of NEXBOARD, go through its certification process, and provide specific details of its plans for large-scale financing and commercialization. I can't wait to hear how you try to explain those all away.

[quester614]

It's your conspiracy with Duffy/XERI and CREW that I am exposing. Was it XTI or AUCTUS that caused all the PRIOR failures. Including the ongoing Nexboard FAILURE. Have to pump Green bonds since Duffy ruined his credit with a loan shark. Was it XTI that searched out XERI knowing they needed a replacement for the failed HALO BS and subsequent failed lawsuit.

Which they have one ongoing with XTI and an APPEAL against the Auctus dismissed case. How can 1 company KEEP getting SCREWED or is XERI the real PUCKERS?????

Was it XTI that directed Duffy a man who "arranged the merger of American Aviation Technologies with a public company to form Xeriant and established the relationship with Florida Atlantic University (FAU), preparing the white paper that was approved by the Florida Atlantic Research and Development Authority. Mr. Duffy was formerly the founder and/or CEO of a public company, two bank holding companies, a software development company, and a biotech company now trading on NASDAQ" to use a KNOW TOXIC LENDER???????

There was no successful business before the XTI JV nor has there been any after. The only success comes from the $6 mil note that Duffy (much like student loans) TRANSFERRED that debt to the retail market. All while he takes his salary and Ancient Investments profits.

[Smartypants2]

So logically you should be way more pissed at XTI for screwing XERI and causing its problems with Auctus. If you really did your DD you'd understand that. But instead, you created one implausible conspiracy theory after another when there is a much simpler explanation.

[quester614]

YOU and others liked when I was drinking the Kool aid and used to bring positive BS things to this board. All changed when I started doing DD after things started to STINK with the XTI BS JV and the Auctus note and my commitment to exposed this POS SCAM.
BTW I DON'T CARE IF I'M DISLIKED FOR TELLING THE TRUTH.


Smartypants2
03/29/21 8:46 AM
#4421 RE: quester614 #4420
Great video, Quester! Everyone should watch it.

quester614
Tuesday, April 27, 2021 11:31:44 AM
Post# 4724 of 33074
not that it helps but TDA still has it rated at a Smart Score of 9.


bluechipjohn
04/27/21 11:43 AM
#4725 RE: quester614 #4724
Quester, thanks for reminding us about that score, it is very important. We are standing at the entrance to a gold mine all we have to do is walk in and pick up the nuggets.
It's only Tuesday, I think were in for another surprise this week!

[Smartypants2]

Name one thing you've ever posted here that was constructive. Conspiracy theories and baseless accusations obviously don't count. Neither does copying and pasting irrelevant or out of context information. Nor do half-assed legal theories.

[Smartypants2]

Glad to hear you're still open to the possibility that XERI might yet prove to be a profitable venture.

[Smartypants2]

Name one thing ever you've posted here that was ever constructive. Conspiracy theories and baseless accusations obviously don't count. Neither does copying and pasting irrelevant or out of context information. Nor do half-assed legal theories.