For the record that I can see on Pacer no current litigation with throwdown. Nothing appears filed at this time. You are correct.
As for partial motion to dismiss it was partially granted. Texas can't go forward against FBI kits portion of claim but rest of suit against Toby & TBEV moving forward with discovery. Really is quite informative and interesting read as the judge ruled on the motion. I'm sure your $15,000 attorney can explain it to you.

There is a website Pacer that is more accurate you can have your $15,000 retainer attorney check it & print you the documents for the Texas lawsuit which was NOT thrown out or throwndown! Lol there does not appear to be current litigation with throwdown but usually parties try to resolve informally and normally have to send the other party a notice of intent to file suit letter. Ask azzkikr I mean Toby if he has received one from throwdown. I highly doubt after a year of producing absolutely nothing for them and there newly created Bev dept that throwdown can be too happy.

That timeline makes no sense. They pr'd production run initated in June! So 5 months no product then start talks with ua? More like they knew they were going to lose license with throwdown due to not meeting quotas so scrambled to talk to anybody. Weird they pr'd first that they didn't lose license with throwdown then "mutual".
Why no product one year? 5 months from pr? Where is 10q? Where is reporting of the $1.5 million?
Why pay themselves over $800k??? Wtf did they do to deserve that type of money?
They don't need kickbacks when simply calling it "salary"

A better quote would be What Santayana wrote (in The Life of Reason, 1905) “Those who cannot remember the past are condemned to repeat it.”

My question which has not received an answer is why one full year under throwdown, multiple press releases stating "production initiated" and no product? Last I checked initiated means began or commence. Appears to be a lie.

Also since I'm asking and azzkikr & nut seem to have all the answers where are the last two 10q reports? The last one they filed was for June 2014 weird it mentions the mutual loss of throwdown license in dec 14 but no mention $1.5 million loan. So that 10q can mention a significant event in Dec but not a $1.5 million loan weird? Any explanation????? Beyond "speculation"????

You are not very good at searching the internet or doing DD. Brady is signed to Glaceau Smart Water owned by Coca Cola. Curry is signed to Muscle Milk. If a guy signs a contract for shoes or apparel it does not mean they can use his image or likeness for any product. Just stating FACTS. TBEV has had high level athletes endorsers are not the problem. Also curious if confidentiality agreement is in place why did Toby share pic of badge on his FB page? Wouldn't that breach the agreement?

That is laughable! I vote for Pablo Sandoval World Series MVP oh wait he is no longer signed or Jonathon Quick nhl champion. I think he still may be signed but not mentioned on new website. Why not have them endorse? Because there was no throwdown product to endorse!!!
Also if you know anything about contracts just because athlete is signed to ua doesn't mean they can use him for a beverage. Both brady & curry have Bev sponsors that are not ua. So vote all you want. If we are just imagining & voting what if they sign with the nfl, nike or get Michael Jordan???!!!! To the moon!!! Huge money!!!! $$$$$$$$$$$.

How much capital is needed to be considered substantial working capital? They paid themselves over $800,000 last year alone in salaries. Is that cash substantial? Plus reported in pr $500,000 received & $1.5 in loan "in place". Is that substantial capital?
So if didn't pay themselves $800,000 would have $2.3 million in cash to have this started under throwdown name but produced NOTHING. That is important produced nothing for a company that they had a good relationship with. A company that people on here reported had Bev experience, $500 million sales, connections etc...... I highly doubt throwdown is happy about wasting a year and goodwill on these two.
So what constitutes "substantial capital"?
Why no product for year when they HAD capital!! Certainly enough for a run under throwdown name?
Simple they took huge salaries instead.

You do know I only posted public info that TBEV released??? Not cool of TBEV to post emails, addresses & phone numbers. You do concede the point I was making. You also conceded my point that there is zero reason for full year with throwdown with money & no product.

Unlike you I don't have Toby's number but if you want to post it I'll be happy to call him. I have called & emailed joe with questions. (Am I allowed to use joes name? I got it off the website & don't have permission)

I believe it was said best in Tommy Boy

Ted:
But why do they put a guarantee on the box then?

Tommy:
Because they know all they solda ya was a guaranteed piece of shit. That's all it is. Hey, if you want me to take a dump in a box and mark it guaranteed, I will. I got spare time.

Oh I see ok for company on internet not ok on ihub to release info found on company website. Plus I didn't release address or phone like Toby did. Real JERK OFF move guaranteeing deals with company's hinted at in private FB pics.
I gotta like your moxie guaranteeing deals. Wish that was binding!!! Lol

Just went to the website I hope the 10 "winners" @ grand prize "winner" do not mind having there personal info including, name, email, address & phone # released to the general public! Lol
Congrats Justin Crumbliss of Larino Loop Estero Fl! Please let us know when you receive actual prizes!

No reply to my questions???? Just wondering your opinion you have been here a long time. Major investor/gambler


if throw down contacted TBEV to "run their beverage dept" and throwdown was interested in having a Bev under their name why didn't TBEV produce the drink on the year they had under throwdown license? Everyone agrees that they had two flavors formulated and ready to be produced so there was no development cost other than labels. TBEV indicated several time they had labels so why no product? They also indicated several times "initiated production" They obviously had $ as they paid themselves generous salaries.
Why no throwdown beverage in full year with funds???
Anybody? Nut??? Azz???

What I really don't understand is if throw down contacted TBEV to "run their beverage dept" and throwdown was interested in having a Bev under their name why didn't TBEV produce the drink on the year they had under throwdown license? Everyone agrees that they had two flavors formulated and ready to be produced so there was no development cost other than labels. TBEV indicated several time they had labels so why no product? They also indicated several times "initiated production" They obviously had $ as they paid themselves generous salaries.
Why no throwdown beverage in full year with funds???
Anybody? Nut??? Azz???

Doesn't look like that Texas lawsuit is getting dismissed check this link very interesting reading for $3.99

http://www.rfcexpress.com/lawsuits/other-contract/texas-eastern-district-court/827631/kenny-hansmire-and-overtime-sports-se-llc-v-high-performance-beverage-company-and-toby-mcbride/official-court-documents/

I think ua is only hope for this company. Think it was a little deceptive of Joe not to mention name of UA but for Toby to post pic on Facebook. Plus why can't joe confirm 500k tranch? He is the one who pr'd that info several times.

Glta

10q states dethrone lawsuit settled for $55,000.
"Big news we know is coming" lol like all the previous big news. I do have to respect your optimism in light of the many missteps, misstatements & outright lies from the company.

Good luck to all.

I am a shareholder. Started out as a "long" but realized as pps kept going down that I would have to "flip" the swings. I believed the prs I read and now I do not. I believe the 10k and believe they will put out some news about a new licensing deal and I will be able to make a little more money on a possible upswing. That said with all of the notes not yet converted i think there will be more dilution & no product. Just more false PRs.

In my opinion. Now back to the day job where I don't get paid for nothing. Just my opinions since you asked. Good luck to all

I'm confused by the 10k two employees. No sales in last year but give money to a sales guy? For what?


"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."

Cash compensation of $740,432. All cash to Holley, mcbride & one sales manager.
Are the hiring? I would like a job where I do nothing and get paid great & get to travel and schmooze on company dime. No offices, product or overhead but spent MILLIONS!!

Some still defend these guys. I'm in the wrong business!! Lol

Too answer your questions in order
1) I'm guessing the don't have a deal or they would have pr'd it. No guess it's in the 10k got dumped by shirt company for not hitting minimums and since they did not produce anything under throwdown that makes sense. They invested time & money into new bottles & website why voluntarily throw that away?

Who said I was not investor? I have bought and flipped this stock but don't like being lied too. How many production run dual coast prs have their been?

The personal attack is in a DM I believe you sent thinking mistakenly that I'm someone else. I'm not that person but you have not apologized.

Why are you invested here for so long? Don't know don't care but guessing you figured it was a get rich quick opportunity. If you are happy being scammed ok but I'm not.

The amended 10k says throwdown contract terminated in Dec 2014. If it is for reporting period ending in July why is that in there? Why not then report the 1.5million loan that was announced as finalized back in June PR?? Even Busch commented on it in that pr. I guess "finalized" & "secured" don't mean what I thought they mean

Sorry for delay getting back to you and your rants. I posted what they put up.
highperformancebev
Off to a Big Week and to support our boy Joe Vellano of the New England Patriots @joeylove72 @patriots @patriots510 @patriotsfootball

Why don't you just call Toby & ask him if he is going. I read into it a pats helmet & packed bag in photo. If I was wrong why did they take that pic down????

Better question is if they dumped throwdown like you implicate for a better deal why no announcement? Oh because they got dumped twice for missing minimums and are trying to get a third license deal! They produce nothing but vacations.

Your old posts state what great fit throwdown was and experience of throwdown with cott. What went wrong? Mismanaged but huge salaries, no product. Sorry lots of questions which have no good answers but I'm sure you will retort with some personal attack.

Well they just posted this on Instagram so at least we know where that "operating expense" is being spent. No office, no overhead, but lots of trips to "support athletes" that have no product to sponsor! What a waste! Had quick win the Stanley cup... No product to put in his hands. Had Pablo win World Series no product & he appears to be gone. Had Ngota win Super Bowl same thing! Now allegedly have a guy on Pats. Better get out there to schmooze & spend $.

highperformancebev
Off to a Big Week and to support our boy Joe Vellano of the New England Patriots @joeylove72 @patriots @patriots510 @patriotsfootball

Thank you for the info. Joe has not gotten back to me. I just find it kinda misleading that they stated in June 4, 2014 PR "the company is pleased to announce it has secured and finalized a $1.5 million dollar debt financing. If finalized and pr'd back in June shouldn't reference be in 10k ending July 31?
I hope pr is a merger or like nut seems to think something with Arizona iced tea or sobe although I don't know why they wouldn't just develop their own flavors. I hope it's not just another meaningless license agreement with an Mma or tshirt company.

Good luck to all.

It does not look like it will be dropped judging by the shear number of filings. Interesting to read both sides well worth the couple bucks. I'm sure your legal opinion on it being "dropped" is spot on. At least you have now admitted there is a lawsuit. On a serious note 10k shows net loss of $3,778,972 how did they accumulate that amount with no product, no office, no assets?

WHERE IS THE $1,500,000 in financing that was in MULTIPLE PR releases??? Or at least the $500,000 first tranch???????????

Here you go:
http://www.rfcexpress.com/lawsuits/other-contract/texas-eastern-district-court/827631/kenny-hansmire-and-overtime-sports-se-llc-v-high-performance-beverage-company-and-toby-mcbride/summary/

You can click a link can't you? I'm not saying what the merits of the lawsuit are I have no idea. What I do know is there is a lawsuit with Toby & high performance Bev in Texas federal court and lots of filings by both sides. Does not appear to be going away soon but who knows. Why is this not mentioned in 10k

Big news soon.......

Nut do you have google? Have you tried typing in "toby mcbride lawsuit"? The second thing that comes up click on it. It's rfcexpress.com that site tracks lawsuits & for a couple of bucks you can print all the filed documents. The dethrone lawsuit was settled according to the prior 10q for $55,000. Look like Hansmire Texas suit ongoing.
Weird the newest 10k p. 10 says no legal proceedings. Appears to be a lie unless they settled & documents are not up on that site yet. Interesting no mention of $1,500,000 loan or placement that they announced in pr. Also if read carefully says in Dec 2014 no more throwdown contract. "Big news" will probably a licensing agreement with tapout!!!

Good luck to all. Read the 10k very informative!!

Go back and re-read my post. I did not say big news was in a PR. That is why I was asking where YOU got that idea? From Toby's tweet back in Nov? The one that said a deal would be done then wasn't? Why do you not put any credence into the Dec PR? Production this week etc.. ? You failed to answer any of my questions. By the way who is the "we" in we know who you are? Do you have a mouse in your pocket? You already sent me a nasty direct message saying I wax Texas guy. I'm not but if that makes you happy then Cowboy up. I'm an investor who likes doing DD and flipping this stock but hope to be suprised.

Glta

I'm confused as to what everybody thinks the "big news" is going to be? In Oct. Press release said production in Dec. in Dec pr said production 3rd week of Jan. Now people seem to think its a merger or agreement with a big company? Based on what? They have 2 flavors everybody on here agrees are good. Dec pr says releasing under high performance name not throwdown so why not just produce those 2 flavors and get them on the shelves? I think the 10q's which are late could really shine a light on what is going on if they ever file them.

Glta till solid financials & production still good stock to flip. (In my opinion)

Nice private message BAGEL. You seem very angry. Should try some relaxing tea. I was just posting Toby's actual Instagram not your edited version. I'm not "TEXAS". My only questions which you do not have an answer for are:
1) where are the Quartely reports? They have the money & didn't they do a pr stating they hired CFO? Why the late reporting?

Only my opinions & questions. Good luck to all.

The funny thing is I just checked Instagram & you heavily edited the original post. The actual post was:

highperformancebev
Believe in your Dreams and FIGHT like Hell for what you want!! We have faought for 5 years and NOW are dreams and our Fight paid off. Always Believe and applaude the Hatters!

Have to love Tobys hopefully drunk misspellings. What the heck is "faought"?
Plus gotta love your "hatters".
Great job by a CEO posting on the company's Instagram. Good look for a public company & inspires confidence in his competence.

I did email Joe & have not received a reply. I relied to your message because he replied to you. Would they owe throwdown royalties on high perform beverages? I'm just trying to figure it out. Quarterly reports might help explain.
GLTA

Caddy if the license agreement is still alive & well why would they put out the Bev under a different name? They just paid $150k for first year of license agreement & will owe $200k plus stock to throwdown for 2nd year of license. If not going to use name why pay? Why would throwdown want drink delayed?

I'll buy more at $.0004.

Glta

Sure looks like the new website says Toby & Mikes name. New website does not mention Throwdown did they lose the throwdown license for not hitting the minimum sales? Looks like history repeating itself. They had 2 proven flavors, prior distribution for Bev which supposedly is there strong suite & 1.5 million in financing. Why couldn't they bring the two proven flavors to market under throwdown name? Makes no sense. Still no production. What happens to the endorsers? Good luck to all.

They have $1.5 million from a private placement or at least $500,000 What is the holdup? Why the delay in the quarterly filings? I'm confused. Get product to market so we can get out of the trips! Good luck to all

I don't think TBEV is a scam. Mismanaged maybe. Nut I thought the June 4 pr stated:

"High Performance Beverage Co. Secures $1.5 Million Dollar Debt Financing
CAVE CREEK, AZ--(Marketwired - Jun 4, 2014) - High Performance Beverage Co. (OTC Pink: TBEV) (PINKSHEETS: TBEV) (the "Company") is pleased to announce it has secured and finalized a $1.5 million dollar debt financing."

I made some decent $ after this pr but I read "secured & finalized" to mean that the $1.5 was a done deal and they could access that $ at will. Do they not have the $$$??? How else can you interpret "secured & finalized"?

Actually a puppet "Nut" would be someone like you who refuses to question vague pr releases, or company line. I'm not a puppet just an investor that likes to be informed. By the way checking the Instagram account of TBEV shows branding at the Texas game and Toby all over field with athletes wearing dethrone etc... So not sure it's "no where to be found" appears Bev logo was on scoreboard. But I was not there. Maybe you were. Just a question were you wearing dethrone clothing at that game? Let's refrain from the name calling. Everybody here to make $ and I have not insulted you or TBEV just looking for facts.
Good luck to all!$$$

That's why asked you as you seem to have knowledge. Did clothing lawsuit settle? Do you have details what settlement entailed? If clothing "clearly" breached why no counter suit? In regards to Texas again if they were in breach why no suit or counter suit? Legal bills defending a suit can be substantial. You are right though society is too litigious and anybody can sue anybody but I'm asking about specifics of these suits.

They don't even have first run of throwdown Bev and you have them aquiring there own bottling facility? That seems like a stretch at this time but good idea if this takes off.

Good luck to all and anybody with details please let me know otherwise it's just accusations, speculation and name calling which should be avoided. Hopefully 10q sheds light on these issues as prs have been void SF names, dates, specifics. $$$$

I don't know that the suits are bullshit. Reading online looks like there is a settlement of suit with clothing company but no details. It has not been dismissed so must be a settlement. The other suit with Texas is recent. I'm just trying to find out why JJ says the Texas guys breached? He offers no specifics. I can't tell if it's BS without facts. If BS then TBEV should counter sue. Again just looking for details.

I agree with you distribution seems to be covered even without big box. In fact that is what I was saying.

Congrats longs on the funding. I hope the 10q has specifics as none seem to public at this time. If anybody knows specifics please do tell.

Good luck to all. With funding news out this should be higher pps

Does a meeting with a big box store automatically mean a deal? Do big box stores make deals for brand new products? That would be great for TBEV but what happened to the distribution network in Northern California and east coast that they previously announced last year? Are those still available? What about a Peter Busch networks? Won't TBEV have ample distribution even without big box store?

Are you concerned about lawsuits? Pacer & a simple google search show they were sued by dethrone royalty clothing company and suit appears to be still pending. Now the are being sued by to sports and kenny hansmire? Why do you say that suit is "frivolous"? How did Texas bowl guys breach contract? If Texas guys breached why didn't TBEV sue them? Are they going to counter sue? The potential suit was first mentioned in the 10q and appears to have gone from a threat to actual suit in May. I emailed pr guy but got no response. JJ as you appear to have lots of answers and inside line do you know?

I invested when less than .01 but that doesn't mean that this is isn't concerning. The prs have been great and hoping for more news next week.

He should except Rhonda Rousey actually has a contract with competitor xyience check out www.xyience.com/?fa=person.detail&pid=40
Maybe that's why the took her pic off ihub. The financing is great news congrats to the longs here. Will be interesting to read the details in the next 10q. Good luck to all. My opinions are my opinions

You can attack the messenger all you want but the public 8K filing is dated today so not sure why not appropriate to ask questions about it today. it clearly states "On May 22, 2014, the Company received correspondence stating that the Notes provide that the Company shall be in default if it fails to establish and maintain sufficient common stock reserves with its
transfer agent for the benefit of the Note holders to ensure that such holders may convert the Notes. The Company was notified that a Note holder attempted to convert a portion of a Note and such conversion was unable to be processed due to a lack of an adequate number of shares" That happened on MAY 22 not months ago. If not an issue why not simply say so in the 8K?

"should such a default occur the default payment would increase to 200% of the outstanding principal amount plus a $2,000 per day obligation for each day after the third day of failure to issue shares pursuant to a requested conversion" That would be 3 days after MAY 22 = May 25 so if start counting May 26 that's already 4 days and $8000. If no longer an issue why doesn't the 8K which states "Filed 05/29/14 for the Period Ending 05/22/14" state that issue has been corrected? as according to you it surely has been corrected. I sure hope it has!!! Maybe the PR guy Joe can answer these questions.

Opinions are mine only and only opinions. Quotes are directly from filing 5/29 8K public record.

There was a new 8k filed today. If I am reading correctly does not look good. Does this mean that not only in default under the notes but now that notes have NOT been converted?? $2000 a day penalty plus 200% of value of notes?? Can anybody shed some light on this? I have copied and pasted part of the filing.

As previously reported by High Performance Beverages Company (the “Company”) on Form 8-K filed by the Company with the Securities and Exchange Commission, on August 29, 2013, the Company on August 26, 2013, sold an 8% Convertible Note in the principal Amount o $42,500 (the “August 2013 Note”). As previously reported by the Company on Form 8-K filed by the Company with the Securities and Exchange Commission on October 4, 2013, the Company, on October 1, 2013, sold an 8% Convertible Note in the Principal amount of $32,500 (the “October Note” and together with the August 2013 Note, the “Notes”). As previously reported by the Company on Form 8-K filed by the Company with the Securities and Exchange Commission on Marcy 28, 2014, on March 24, 2014, the Company received correspondence stating that the Company was now in default under the Notes. As a result of the asserted default, demand was made for immediate payment as provided in the Notes in the amount of $113,625 (representing 150% of the remaining outstanding principal balances)
together with default interest as provided in the Notes (the “Default Amount”). On May 22, 2014, the Company received correspondence stating that the Notes provide that the Company shall be in default if it fails to establish and maintain sufficient common stock reserves with its transfer agent for the benefit of the Note holders to ensure that such holders may convert the Notes. The Company was notified that a Note
holder attempted to convert a portion of a Note and such conversion was unable to be processed due to a lack of an adequate number of shares of common stock in reserve. The Notes provide that should such a default occur the default payment would increase to 200% of the outstanding principal amount plus a $2,000 per day obligation for each day after the third day of failure to issue shares pursuant to a requested
conversion.

What does all this mean? 8k was signed by Toby McBride so the company knows about this?

Any opinions are my own.