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Why don't you post all your emails to Joe & Toby along with texts with Toby and I'll post mine. You yourself said he doesn't respond to all emails proving my point!!!! How about that 10k/a?
Stick to the FACTS JOE lied just today!!! Not to mention the lies in PR's or did we have dual coast launch & production I missed!!!!????
Good luck to you!!
It's CLEAR who is lying. Joe sent email saying salaries actually declined. You said "Sounds good to me. So basically the salaries are the same, as the previous year." I replied with ACTUAL numbers reported to SEC & provided link & page number. FACT joe lied and you said "sounds good".
Doesn't sound good to me. So I think unless they amend the already amended filing & say oops we did not receive cash salary as we reported then JOE is lying. Which is PROOF joe lies! DONE DEAL!
Not just bad but sensationally bad!!!! (Lying to shareholders)
Glta do your own DD it's right there in 10k/a
Do not send me pm messages & stick with the FACTS!!!! Oh that's right FACTS are they/TOBY reported in 10k/a CASH salary of $743,000. Just deal with it!
At this point even if I cut & paste emails which go back to last march you would accuse me of fabricating them. So let's stick with FACTS filed with SEC!
Follow the link! Page 13!!! Now who is lying??!!!
http://ih.advfn.com/p.php?pid=nmona&article=65218511
Let's see what you, azzkikr & joe have to say about that!!!
I know email, email email anything to distract from FACTs filed with SEC!
Now go "guarantee" a big deal!
Your sly shots at me are disappointing I thought we had moved on. Oh well. What if any is your response to the CASH COMPENSATION in the 10k/a? Am I lying about that? I don't know why you refuse to look at facts and prefer to attack the messenger.
You have said joe has not responded to all of your emails as well. LMFAO!!!
Glta
How can you say the salaries are the same? The 10k/a posted on ihub 1/23/15 page 13 states
"Compensation increased by $872,627, from $364,004 during the year ended July 31, 2013 to $1,236,631 during the year ended July 31, 2014. The increase was primarily due to $375,946 in share based in the current period and none in the prior year and an increase in cash compensation expense of $740,432. All cash compensation was paid to Messrs. Holley and McBride and one sales manager."
Increase in CASH compensation of $740,432. ALL CASH paid to Toby , mike & "sales manager",
How does this get explained away? It's in the 10k/a and signed by Toby! Is it a typo? I have trouble believing the erroneously overlooked reporting CASH compensation of $740,432!!!!
I do not believe joe is being truthful as it is right there in black & white! Don't take my word for it click on the link & read it for yourselves!!!!
Glta don't believe a "scoundrel"
Joe appears to be lying or at a minimum not reading the filings. The 10k/a posted on ihub page 13 states
"Compensation increased by $872,627, from $364,004 during the year ended July 31, 2013 to $1,236,631 during the year ended July 31, 2014. The increase was primarily due to $375,946 in share based in the current period and none in the prior year and an increase in cash compensation expense of $740,432. All cash compensation was paid to Messrs. Holley and McBride and one sales manager."
Increase in CASH compensation of $740,432. ALL CASH paid to Toby , mike & "sales manager",
Please have Joe explain this! It's right there in black & white signed by toby.
Looks like Joe is the "scoundrel"!!!!
What format would you like them? Cut & paste?
Can I post the pm's you sent me while I'm at it?
I don't know why you get sidetracked. The questions are reasonable & even you have said we are entitled to answers. So why don't we stop the back & forth & focus on getting answers. Or I can post my emails to them but I will redact personal contact info. Can I post your pm's to me?
Glta.
Not suprised & I am certainly not the first person on the board to post about not getting replies from Joe. He is a paid mouth piece of Tbev. As for name calling also not surprising but scoundrel is kinda funny.
Since we know Joe reads the board why not just post answers here joe?
1) everybody wants to know about huge salaries with no product. How much salary for "sales" guy? What did he do to earn any salary?
2) are there ongoing negotiations? With who? Is it UA? Can't claim non disclosure agreement when posting pics of Toby at ua. Just publicly confirm or deny.
3) when are next notes due? Does company plan on paying them off before they convert?
Easy.
There are more questions but that's a great start!
Glta
I have sent 5 emails to Joe & never recieved any response. I gave up. He seems to respond to some & not others. It is part of my frustration with TBEV. Release release pic of UA badge on restricted Toby personal FB but not to public??? They seem to release info to some & not others. Doesn't seem kosher.
What did you ask?
Maybe Nut can email same questions. They seem to reply to him. Then he can post responses. The answers could clear up a lot of issues
What's not public knowledge? You know all the court documents are public & listed a link to them. What isn't public knowledge?
I have to correct myself the suit against TBEV by Alpha Capital Anstalt is filed in the Unitef States District Court Southern District of New York so yes it is a federal case and therefore there are TWO FEDERAL cases ongoing & one federal cross complaint. So sorry I said one federal when in fact there are two I'll admit when I make a mistake. Really it's a red harring whether federal or state issue is ongoing litigation, costs & potential awards when company is producing nothing.
Glta & do your own research. Hope that bagel & coffee where good they sound good.
Why can't people just deal with facts?
1) first lawsuit was not federal. It was filed in CA Superior Court. The first civil suit was a trademark suit & breach of contract brought by former licensor Dethrone. This suit was settled for $55,000.
2) 2nd lawsuit is Texas suit filed in Texas superior court then moved to Federal court. This technically is a federal civil suit. Part of this lawsuit was dismissed with part being allowed to continue. TBEV has recently counter claimed in this suit claiming tortious interference with the dethrone contract & damages. This case is in the discovery phase.
3) Suit was filed by note holders on 1/29/15. This appears to be in NY Superior Court. So far it does not look like TBEV has filed an answer to initial complaint. Will be interesting to read the answer to complaint.
Those are the facts. I don't see how a company with no product or income other than notes would not be hurt by 2 ongoing lawsuits. Legal fees alone are going to he significant if these are not settled. Of course if some miracle deal with a large corporation is obtained it could save the day. I would have to think that a large corp would at a minimum would be concerned by 3 lawsuits for a company with no current product on the shelves.
Glta & do your own DD.
thisismynuttoo Sunday, 02/24/13 02:38:54 PM
Re: Trth4Sail post# 873
Post # of 31433
I have four stores in the central jersey area. They range from 1,500 - 2,000 sq. ft.. I also service 15 other (Bagel/deli stores). When I dealt with Rudy Bev. I would get 2 palets shipped at a time and store it in my garage. But what a pain moving the product around. I am use to selling bagels. Not cases of soft drink. I was so invested in the stock, I said what the hell. Little did I know I was being used as a pawn in their scam! When dethone comes around I will definately stock it. If these guys are for real they do not need me. I rember Arizona tea when it came around. It started slow and we know the rest. I look back at how Rudy Bev. operated and what a joke. If a case sold there would be a news flash. So far no BS with these guys.
Look back on your own posts. Now substitute TBEV for Rudy in that post. Fits doesn't it! How do you now not think this is a scam? I like you believe it did not start as a scam but failure by Toby & crew after failure. Lie after lie in pr's. All they have accomplished in YEARS is $8,000,000 in shareholder debt according to latest 10q (still not up to date on fillings). Then they take over a $1,000,000 in cash salary!!!! From what profits? I guarantee you do not operate your business like this!!!
To answer your question I was around long before my first post. This is my only penny investment my other investment are Nasdaq. Wouldn't have even been here but was recommended by a friend who is into fights. Started posting when got feed up with the pr bs, & lies.
Rudy = TBEV = scam once they realized they could take money rather than make money.
Glta
thisismynuttoo Friday, 02/20/15 12:02:38 PM
Re: CallmeBull post# 31083
Post # of 31424
No one said lawsuit was not real. Just BS that is why it got thrown out.
That's part of your post 31424 anybody can go read it. Clearly says lawsuit was Bs & "it got thrown out" you sir are the liar. Says nothing about half or some other fictional fraction. There are other posts as well by you saying thrown out but I figured one example proved the point. Liar!
As journey once said "don't stop believing"
Glta do I out own DD!!!!
Thank you sir that is what I've been trying to say.
Thx & glty
Do you even bother to read your posts Dave? You make no sense. I really think you have gone off the deep end.
Did you or did you not post lawsuit was thrown out? You did so you are a liar. You also posted you guarantee a deal with ua. Again a lie. You ADMITTED I posted facts!
I'm sorry I ever replied to a post from the great bagel king of the northwest. Please sir just let me live a long prosperous life & stop haranguing me with witty prose.
Glta
Thank you. Glad your loss was not that bad.
I just can't stand being lied to & the kool aid drinking rah rah posts that ignore all facts. Sad part is I agree with nut on some issues like need for explanation of huge salaries but he won't even admit that & just keeps cheering & attacking. Oh well.
Thanks again & good luck & good investing!
What you said was "Looks to me they got screwed on the SPLIT to. Guess Joe Abrams was a step ahead. LMAO" I took that as somehow you thought TBEV & Abrahms got one over on the note holder. Which would be good. You did not say good. Just implied it.
Would you like me to point out the multiple posts where you say no lawsuit when there was one or that it was thrown out? You are the bs'r on this board. You admit flipping, and all the facts in my post. But we know nut ball Dave says all is great big deal right around the corner!! UA coming to save the day!!! Just wish & hope and pray and gamble!! All will be great as long as nobody mentions facts!!!
Glta gamble at own risk
Still not ken & have no idea who Mile is. Please let me know
That's one of the many differences between you & I David. I do give a $hit when a company I have invested in has lawsuits against it. I also give a $hit when a public company lies to me. Lawsuits can seriously hurt a start up company's ability to succeed. And they are not my lawsuits. They are TBEV's lawsuits. You know the board we are posting on.
I think you have had to much coffee with your bagels you get really worked up. Can't be healthy.
Still not Ken!!!!
Good day.
Dave you fail to answer any questions and grasp of civil suits & torts is comical. Please just answer the questions.
Fact 2 active lawsuits
Fact no production since Dethrone.
Fact no product at all under throwdown.
Fact over MILLION in salaries.
I could go on.....
Fact I'm not Ken.
Fact I'm not a party to ANY lawsuit
Fact I don't make bagels for a living
Glta another day another suit against TBEV lawyer fees alone have to be astronomical as Dave pointed out over 29 documents in Texas suit. I highly doubt Toby's New York lawyers are working pro bono (look it up Dave means for free)
Glta flippers & longs
Which is it DAVE no lawsuit like your many posts say or countersuit? Please explain the damages Toby is claiming? I'm still waiting? Did your lawyer give you an answer for that?
Who is Mike?
You always ask questions but FAIL to answer.
Another lawsuit but NUT/Dave thinks that's a good thing! Is Toby going to counter sue here too?
Nut you might want to contact your $15k attorney looks like more litigation for tbev. Check out 1:15-CV-00639-CM your attorney should be able to get you the documents.
Note holder Alpha Capital Anstalt. Breach of contract allegation. Failure to deliver conversion shares. $2000 per day penalty, interest etc.... Requests $62,234 plus interest on one note. $160,000 plus interest on a second note. Really an interesting read plus the notes are attached as exhibits.
So add this one to the list of litigation. Filed January 29, 2015.
Glta
Ok easy enough but remember to answer my question after.
Still not Ken
Salary is issue because Toby now has to show "damages" sustained by loss of dethrone contract. Ignoring all other issues. How did TBEV sustain monetary damages by loss of that agreement? The losses were self inflicted by taking over $800,000 in unwarranted salaries! That same money could have/should have been used for production of the beverage under throwdown name. If had done that like the pr'd then were are the damages?
So salary will need to be explained in light of counter suit brought on by Toby.
Is that clear enough???
Your turn or does they make you "salva vate!!"
Please explain or your $15k attorney explain what "damages" were sustained by Toby/TBEV?
I have mentioned the counter suit in past posts. You should have better reading comprehension. I agree will be interesting since Toby is claiming damages which will have to be proven at Trial. (Unless parties settle) how can there be damages from loss of dethrone licence? Toby already had throwdown contract in place before dethrone terminated contract. Where are the damages? Going to be interesting to see how this unfolds? How does Toby explain huge salaries? He will have to now in court!!! Brilliant legal strategy!!!
Of course you keep saying lawsuit thrown out.
Still not Ken so inside joke has more holes than a bagel. Keep guessing Dave.
At least you & I can agree on the salary issue so that is progress! Lol
I'm not Ken. I know you think you are really smart but I'm still not Ken. Also might want read my post I never said $50k offer to resolve lawsuit & have no knowledge of any settlement negotiations. Do you? I do know what the dethrone lawsuit settled for because it was in the prior filings. Please show me where I say $50k? Oh wait you can't how bazaar!!
I would also like to know your about the salaries & notes which I believe are the major issues here.
Glta hope they pay those notes before the are due!!!!
I don't know why you continue to LIE about the court case being thrown out. Even by your bazaar/bizarre math only 50% of case was thrown out. Fact is case is ongoing in the discovery phase. That will be interesting to see how it plays out. It won't be thrown out prior to a Trial as the motion to dismiss has already been ruled on.
I know nothing of SEC investigation or finra. I am glad you are finally admitting the outrageous salaries are an issue & deserve an answer. I hope as a major investor & long Toby & co answer your questions & do so publicly since this is a public company.
What do you think of the notes that are coming due? Will the convert? If they do the spit was simply to take stock from current holders to make room for the notes & continued dilution. $160k for billion shares on March 27?? Interesting timing for split
Glta
Of course this will dilute, again the split had to happen so that $600k on notes can convert. There was not enough outstanding left. 10-1means 90% of your shares gone to make room for new conversions. Toby doesn't care without getting new notes he can't keep paying his well earned salary!!! Lol
Glta
He should buy himself & the gang season passes! I mean by the timeline in the 10q TBEV received $718,000 in 2014 from proceeds from convetable notes. So received the $500k plus other notes yet only had $282k at end of quarter. I'm guessing already spent that $ on "marketing" or general & administrative"
Seriously though if legit company with a license from major Mma company that someone said was a $500 million dollar company. Made a website, designed bottles, had two flavors everyone says were great, then had over $700,000 in financing before October why in hell wouldn't they just produce the beverage under throwdown name???? Why waste a year, marketing, labels website etc??????
It honestly can not be because of UA because that would mean that they were looking to jump ship back in otc which is not what they said. All of there excuses are made up after the fact & do not make sense.
They produced NOTHING but salaries and lost the throwdown license then scrambled to find another whale to latch onto like a leach.
Have they paid off a note yet??? 10q shows $500k note not $1.5 million. Why no mention of the "completed" $1.5 million? I bet that $850k they paid themselves would/could have paid off the three (3) notes that are coming due!!!!! But if they did that then where would they get their Disney & cigar money??
Also $56,000 "marketing" in 2014!! Marketing what? There was no product to market!!
Glta
I agree with you finally on one thing! You are not an authority! I am impressed you admitted that much. Aldo impressed that no matter what FACTS you are presented with you still waive the toby/mike Pom poms like the best cheerleader I have ever seen. Your optimism simply can not be contained. It's bazaar how anyone could be so optimistic in light of the constant failures, debt, massive salaries and lawsuits. I just don't know why you claim 50% of lawsuit gone? Why not 68% or better yet 87 1/2%??!?
There are holes in your theories!!! How bazaar!!!!
Glta flip at your own risk
Yes OJ is in jail in Nevada for that second legal case inmate #1027820 lovelock correctional. You make no sense and are the one spinning 50% thrown out. I guess that's like being "kinda" pregnant. Still ongoing litigation. Since you are such an authority here can you explain how TBEV was damaged by dethrone terminating contract like toby in the suit claims? I thought dethrone got thrown down? Move was on to bigger & better things!!!
"OJ can refile too" what on earth are you talking about? Oj was a criminal case & he won! Have you ever heard of double jeopardy??? Oh his second criminal case where he lost for a different crime?? He can not "refile" and I think he has run out of appeals. The civil trial he lost so he can not "refile" that either. Your knowledge of the legal system is amazing!!!! Lol
Sure 1/2 got thrown out. Even if that were true which it is not then still half a lawsuit to go and past motions to dismiss. Your boy Toby is now claiming damages so he will have to explain in deposition or federal court how TBEV was harmed by losing the dethrone license. That is what he is claiming. That means he will have to testify as to why no product with throwdown & where the money went! Brilliant legal strategy!!!
As it says in the document filed in fed court by Toby attorney, " plaintiffs tortious interference with HPBC's license agreement was INTERNATIONAL and WONTON"
Lol really "international and wonton"???!!!!! Is that a Chinese restaurant near Toby or did they mean "intentional and wanton" big f'n difference!!!!! Fed judge will have field day reading that!
The lawsuit did not get thrown out. You keep stating that which is misleading at best and a lie at worst. One count involving the FBI kits got thrown out for lack of standing. Without prejudice. Which means proper party can refile. Further Toby did counter claim claiming damages for tortious interference which means he will have to prove damages. Interesting strategy because now he will have to testify regarding what truly happened under throwdown license and justify his huge salary. This is not going away without discovery unless the parties settle. Who knows. Doesn't look like either side is backing down & Toby just doubled down.
Might want to read the documents available on rfc really worth the $. If you can get thru Toby's lawyers typos and usage of the wrong words. Good soap a opera
Glta big deals sooooooon!!!!!
How can you say "guarantee big deal" if not involved? I have seen plenty of civil litigation and about 99% that I have seen included depositions. You can say what you want & I can say what I want. If depositions which like you I "guarantee" then they will become exhibits & part of the record. I look forward to reading them over a fresh bagel & coffee.
By the way I have no idea what "basic billy law" is and won't venture a guess. Did your high price attorney give you that one? The funny thing is you ask me a question or several & don't like my answers. No gag order is the bottom line. Plus I'm not a party. I'm still confused why you haven't answered any of my questions?
Big deal, deal big. Huge salaries no product. I'm beginning to think you are not the "long" you say you are as a long would be concerned. You seem more like a flipper. Big deal big big big
Show me the gag order!! Gag order would only apply to parties if there was one. I am not a party. That is laughable. Where is this gag order? No answer to my questions just like I thought.
Depositions are part of the discovery process. Discovery can be many things such as subpoenas, interrogatories, depositions etc... Those are all discovery tools. When discovery is listed an exhibit it becomes public very simple. In your case however I'm sure you can ask Toby for a copy.
Do not have to be a party.
I said only one current lawsuit that I could find. Not sure why you keep asking me about others.
1/2 has not been thrown out. One cause of action has.
You are good at asking questions but never honestly answer any.
As a major investor I'm sure you can answer 1) did they issue false prs about production? 2) what did they do to earn $800k last year?
You can read on either website that I posted a discovery schedule pre-trial. You are welcome in advance or do you think they perform no discovery & go straight to trial??
If it was as weak as you say why wasn't it entirely thrown out? Actually just the part about FBI child kit thrown out. They can actually refile that claim with proper plaintiff they did not have standing. All the parts about breach of contract with the game are still there. I'm really glad you are not giving legal advice. The suit goes on looks like discovery will be interesting. Can't wait to read the depositions when they are filed as exhibits.
I know I know don't bother you with facts, the past or failures. Big deal just around the corner!!!!
Peace be with you