Thursday, July 27, 2017 5:45:50 PM
The company has a right to collect something like 18% interest annually.
Question is, what is that 25% stake worth in the Soex subsidiary, the Hong Kong company? And how much interest has accumulated over the years compounding at 1.5% per month, or 18% annually? It's been 37 months.
Here is a link to prove it...
https://dockets.justia.com/docket/florida/flmdce/8:2015cv02362/315837
Here is a the 13g showing their ownership of 37.5 million shares...
https://www.streetinsider.com/SEC+Filings/Form+SC+13D+DAIS+ANALYTIC+CORP+Filed+by%3A+SoEX+%28Hong+Kong%29+Industry+%26amp%3B+Investment+Co.%2C+Ltd./11149841.html
From their latest 10-Q note 8;
Pursuant to the Distribution Agreement, Soex is in material breach of the following:
(1) Section 1(a) of the Distribution Agreement for Soex's failure to make a $225,000 payment to us for the appointment of Soex as the exclusive
distributor of the Products in the Field and Territory (the "Distribution Payment Default") in accordance with the terms set forth in the Distribution
Agreement. Such payment was due on October 20, 2014 (the "Payment Date").
(2) Section 8(b) of the Distribution Agreement for Soex's failure to make a $225,000 payment to us for the grant of the license and right to manufacture,
sell, lease and distribute Products (excluding manufacture of MTM), and to use the Intellectual Property in connection therewith (the "License
Payment Default" and, together with the Distribution Payment Default, the "Payment Default") in accordance with the terms set forth in the
Distribution Agreement. Such payment was due on the Payment Date.
(3) Section 15(b) of the Distribution Agreement for Soex's failure to issue to us 25% of the equity (the "Equity Default") of SOEX (Beijing)
Environmental Protection Technology Company Limited (the "China Subsidiary").
..... Because of the material breaches, we terminated the Distribution Agreement. As provided in Section 14(e) of the Distribution Agreement, we have the right to
enforce any obligation due to us by the Soex. As a result, Soex still must (a) pay the remaining $450,000 due under the Distribution Agreement and the amount of
Royalties due, plus interest at 1.5% per month (18% per year) with interest accruing from the date that payment was due and (b) issue to us 25% of the equity of
SOEX (Beijing) Environmental Protection Technology Company Limited. As provided in Section 14(b), neither us nor Soex shall be liable for compensation,
reimbursement, or damages due to loss of profits on sales or anticipated sales or losses due to expenditures, investments or commitments made, or in connection
with the establishment, development or maintenance of the business.
Further, in consideration of the issuance of the Shares to Soex and the equity to Zan under the Soex SPA was the covenant that Soex would enter into a
Distribution Agreement and establish a subsidiary in China and issue shares to us in the China Subsidiary. With Soex's Equity Default, Soex breached the Soex
SPA and we are seeking return of the Shares from Soex in the lawsuit filed in July 2015.
The litigation has been moved to the U.S. District Court for the Middle District of Florida where Soex has instituted a counterclaim (Civil Docket Case #: 8:15-
CV-02362-MSS-EAJ). We believe we have a strong case against Soex because of its breaches of the agreements, however, we cannot make any predictions about
the success of its action against Soex or whether or not Soex will have the assets to satisfy any judgment.
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