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Exactly, thank you for clarifying the fact that it all was dependent on the initial deposit confirmation:
"3.3 Within one (1) business day of deposit confirmation by the Escrow Agent, Mahler will provide Seller and Purchaser, via Mahler’s Counsel, copies of all the following documentation"
Thank You
D_DOG
From what I read the money was to be transferred but it was not.
3. Procedures.
3.1 Purchaser and Seller shall sign this Agreement and exchange executed copies.
3.2 Within one (1) business day following execution and exchange of this Agreement, Purchaser shall transfer (or have a third-party transfer on its behalf) $9,500,000.00, into the Moseley & Lester Escrow Account....
D_DOG
I'm curious, have you never made a basic purchase?
A car, a house, ETC.
NOTHING HAPPENS WITHOUT A SOLID FINANCIAL
COMITTMENT FROM THE PRUCHASER
Not in the world that I live in anyway.
The lack of the required deposit by N95 was when
everything stopped not the lack of masks available.
That is all on N95, basic business 101
D_DOG
THEY WERE NEVER OWNED BY REDHAWK
Got to go
D_DOG
This has gone off the chain here, some peeps are trying to convince/brainwash others.
I'm out of here for today.
Best of luck
D_DOG
Nobody in their right mind would retain 500 mil masks in hopes of selling them.
I look at it as a brokered deal through business parties.
D_DOG
You do realize that Redhawk is a holding company not a
manufacturer of masks.
And yes they never had 1,000,000,000 masks,
there was only 500 mil included in the deal
so how could he sell them to someone else.
That's really out there man
I always thought that holding companies were "go betweens"
to broker deals of other peoples products or services.
D_DOG
On June 22, 2021, RedHawk and N95 Shield entered into the Sales and
Purchase Agreement for the sale of 500 million "3M™ Health Care Particulate
Respirator and Surgical Masks 1860, N95 120 EA/Case 3M Product Number 1860."
Ex. A, at 1-2, 10; 2/22/23 Tr. at 13-15 (Klug testimony).
Under the terms of the Agreement, within one business day following
"execution and exchange" of the Agreement,N95 Shield was required to deposit
$9.5 million into the Moseley & Lester Escrow Account.
Ex. A, at ¶ 3.2. N95 Shield failed to make the deposit within one business day of June 22, 2021. See 2/22/23 Tr. at 15
D_DOG
Bless your heart man.
DAMN
D_DOG
You're falling apart man, the escrow was $9.5 mil and he was never going to
get the $45 mil until everything was delivered.
You must be getting exhausted.
D_DOG
You sure are persistent with your opinion of everything being a scam.
I don't get that but what ever.
D_DOG
I do understand but N95 never paid the escrow so it halted at that point it seems.
D_DOG
3.3 Within one (1) business day of deposit confirmation by the Escrow Agent,
The first tranche into the escrow account was never completed.
3.3 Within one (1) business day of deposit confirmation by the Escrow Agent, Mahler
will provide Seller and Purchaser, via Mahler’s Counsel, copies of all the following documentation
(collectively referred to herein as proof of life (“POL”) for 1 Billion Mask lot, which will
encompass the 500 Million Mask lot that is being purchased, subject to 3M policies and
procedures, via an online portal. The Parties will use their best efforts to deliver the POL within
two (2) hours after the deposit confirmations by the Escrow Agent and the Moseley & Lester Firm.
SGS
Lot Numbers
Batch Numbers
3.4 Within one (1) business day of receiving all of the unredacted POL documentation
for the 500 Million Mask lot as provided for in Section 3.3 above, Purchaser shall complete its
independent verification of SGS report.
D_DOG
..
No, "I still smell a scam..."
And I thought it was for 500,000,000 masks.
Agreement for Purchaser’s acquisition of the 500 Million Mask lot.
D_DOG
There's an app for that.
D_DOG
Yes but the first part was omitted,
3. Procedures.
3.1 Purchaser and Seller shall sign this Agreement and exchange executed copies.
3.2 Within one (1) business day following execution and exchange of this Agreement, Purchaser shall transfer (or have a third-party transfer on its behalf) $9,500,000.00, into the Moseley & Lester Escrow Account....
* * *
3.7 Within one (1) day of successful inspection of the 500 Million Mask lot and acceptance of the Product, the Moseley & Lester Escrow Agent shall release $905,000,000.00 to Mahler pursuant to the Moseley & Lester Escrow Agreement for Seller’s acquisition of the 500 Million Mask lot and as partial payment for Seller's transfer of the Masks to Purchaser. Immediately thereafter the Gordon Arata Escrow Agent shall release the remainder of the Total Purchase Price ($45,000,000.00) to Seller and others pursuant to the Gordon Arata Escrow Agreement for Purchaser’s acquisition of the 500 Million Mask lot.
* * *
23. Legal Fees. In the event such dispute results in legal action, the prevailing Party will be entitled to costs associated with resolving the dispute, including, but not limited to, any reasonable attorneys’ fees.
D_DOG
There's this: "Under the terms of the Agreement, within one business day following "execution and exchange" of the Agreement, N95 Shield was required to deposit $9.5 million into the Moseley & Lester Escrow Account. Ex. A, at ¶ 3.2. N95 Shield failed to make the deposit within one business day of June 22, 2021."
D_DOG
The devil is in the details isn't it.
Thanks
D_DOG
That sounds great.
D_DOG
Tuesday, February 20, 2024
42 respm Memorandum in Opposition to Motion Tue 02/20 2:47 PM
MEMORANDUM in Opposition re25 MOTION to Vacate Arbitration Award Respondent's Opposition to Redhawk Medical Products and Services, LLC's Petition to Confirm Arbitration Award filed by N95 Shield L L C. (aty,Brooks, Chaunda)
LOOKS LIKE N95 OPPOSES
NEXT....
D_DOG
What I think means nothing, the company is the only one
with any idea when that will happen. The N95 case seems
to be winding down, what happens at that point should give
us an idea. Do they settle, do they try to appeal, what happens
next with that should be very close.
They appear to want to have this resolved so lets see what
happens with it and what their next step.
I'm right there with you watching the months fly by.
D_DOG
You're right, the "present situation"
D_DOG
Lets see how the ongoing case plays out and what
direction they proceed at that point.
Best of luck to Ya
D_DOG
Actions of the company have shown that they always filed everything
required in the timeline allotted up until the present situation.
I'll wait to see what they do in the future and judge at that time.
D_DOG
So are you making a clear and flat out claim that Klug is a thief
and you have proof that he is going to screw the investors.
?????
D_DOG
That's not of interest to me, I don't have unlimited time nor the
resources to research everything.
D_DOG
LOL, There's always a "However" when it involves the legal system.
I guess it all falls back to interpretation of the law, it's a finicky process
that can be swayed in either direction with the right argument.
The plus for Redhawk is that it is being held in Louisiana and the
Judge is well versed in LA. law.
Only time will tell
D_DOG
The direction sure seems positive regarding the ongoing court cases, at
some point the company will have to put out guidance to confirm the
direction that they/we are headed beyond the last 8K. That gave a possible
peak into the companys' direction but that's 10 months ago.
Time will tell, March 5th is our next legal step, it will be interesting to see
how that plays out. Things seem to be heading in a singular step by step
process. That may be by design, (roughly $11K daily in judicial interest)
all we can do is sit back and watch.
D_DOG
I haven't read anywhere where that is a fact but I think they will.
I do not see Darcy as the type that wouldn't include current
shareholders, that's just not something that I got when I researched
him and his past endeavors.
I've spoken to folks that have a working knowledge of his past and
have a positive vibe based on that and other info online.
My opinion is positive unlike many of our present posters that are
trying to help us.
But it is just that my opinion.
https://investorshub.advfn.com/boards/read_msg.aspx?message_id=173873137
D_DOG
It's all good, I believe that was included within the contract
but like you I'd have to go back and reread it again.
I agree that there is a lot of personality battles that flair
up in a negative fashion needlessly.
Human nature playing out online but not ITRW
D_DOG
RE: "And by the way SNDD was never trading on an exchange. It was OTC."
Did I ever call the OTC an exchange ....
NO I did not, that's you're interpretation that you often invoke freely.
That's all good though.
"Up to another exchange" is meant that there are more than one option
available for an OTC to move to
Thanks For all the info that you supply
D_DOG
That's a corporate decision that only they know what that outcome will be.
D_DOG
First of all I don't care what you think
Ultimately what happens here has nothing to do with you
Common ground on the board is simple discussion about SNDD
Klug is in charge and will do what ever is necessary
Your opinion is just that, an opinion just like ours
Only those that are invested here have skin in the game
Unfortunately the present share price is what it is for now
Have a Good Day
D_DOG
It's not a bad thing, if what I'm thinking is in our future the ticker
SNDD will be no more. If the plan is to move up to another
exchange the present ticker SNDD isn't an option from what I
gathered reading up on others that have moved up.
D_DOG
SNDD may never trade again, IMO
That ticker is done, lets see what the judge has to offer after
the telephone status conference that is set for 3/5/2024
D_DOG
From what I get out of reading the Arbitration award, the award has already been
granted and that fact has already been ruled on by the preceding Arbitration Judge on
May 1, 2023.
The award has already been granted as part of the mutually signed contractual
agreement via paragraph 25 of parties’ Sales and Purchase Agreement.
This matter came to arbitration in accordance with paragraph 25 of parties’ Sales and Purchase Agreement dated as of June 22, 2021. Paragraph 25 provides:
If a claim or controversy arising out of or relating to this Agreement, the performance or non-performance of obligations, the quality or appropriateness of the Products, such dispute shall be determined by final and binding arbitration before...the Judicial Arbitration and Mediation Service ("JAMS").... The arbitration...shall be administered by and in accordance with...the then existing JAMS Streamlined Arbitration Rules and Procedures.... In rendering the award, the arbitrator shall determine the rights and obligations of the Parties according to the substantive and procedural laws of Louisiana.... Should either Party refuse or neglect to appear or participate in the arbitration proceeding, the arbitrator is empowered to decide the claim or controversy in accordance with the evidence presented.
Final Award
[66].
1. Claimant RedHawk Medical Products & Services, LLC has established its right to recover damages for breach of contract in the amount of forty-four million nine-hundred-fifty thousand dollars ($44,950,000.00).
2. Claimant is entitled to an award of attorneys’ fees and costs against Respondents in the amount of $68,614.31.
3. Claimant is entitled to an award of pre-award interest on contract damages in the amount of $3,365,092.47.
4. Claimant is entitled to an award of post-award interest on the sum awarded to it for contract damages, attorneys' fees, and costs ($68,614.31), at the Louisiana judicial interest rate, in a total amount to be determined as of the time of payment or the entry of an order confirming this award.
This Final Award resolves all issues submitted for decision in this proceeding.
Dated: May 1, 2023
The validation of the funding party has already been accounted for and listed as fact during the arbitration hearing.
• Exhibit B: The Letter of Attestation from Jennifer Opoku-Asare of Asare Law Firm, LLC addressed to Red Hawk Medical, dated June 3, 2021, representing the availability of funds in the amount of $24,400,000,000.00 "for the purchase of the authentic PPE Product for the sale, supply & distribution to Government, FEMA, Federal, State & Private Healthcare, 1st Responders, Medical Workers, Federal Employees, and or other Non-Retail users and its affiliates."
14 pgs order Order on Motion to Vacate Wed 01/24 5:10 PM
MEMORANDUM RULING: For the reasons stated, N95 Shield's MOTION to Vacate Arbitration Award Doc. 25 is DENIED. Signed by Judge David C Joseph on 1/24/2024. (crt,LaCombe, L)
N95 Shield's MOTION to Vacate Arbitration Award has been ruled on.
I don't see any other options open to N95, the Award has already been issued,
N95 didn't challenge the award.
THEY SHOT THEIR LOAD
IMHO
D_DOG
What am I missing, I know it's not because I have
ROSE COLORED GLASSES on because I left
those at work due to all the monthly meatings.
And yes, meatings is spelled correct, one has to love
getting new managers and engineers. They always want
to try to change the wheel that's been spinning longer
than they have been on this earth.
D_DOG
That's an interesting interpretation, from what I gathered reading the court
docs N95 didn't close up shop in Arizona until 6/10/22 so maybe there was
still a chance to move forward.
Maybe ask Redhawk, 337-269-5933
They don't always answer the phone but they will get back to you.
D_DOG
RE: "Nope. Klug definitely has been committing fraud and IS a fraudster/lying conman."
The Buyer failed to perform under the terms of the Contract and RedHawk Medical’s attempts to amicably resolve the dispute with the Buyer were unsuccessful.
Final Award - 1 May 2023
D_DOG