Global Digital Solutions Inc (GDSI)

[Coreton]

GDSI by 3.1.11 is the only party to the SPA with the ability to waive any of the requirements associated with their DD (conditions) of Rontan. I don’t see anything in the Conditions that gives any of the others mentioned the ability to waive or alter any of the conditions.

There is no evidence of Rontan requesting in writing or otherwise for 3.1.11 to be removed or suspended.

An argument by Rontan that GDSI could not waive conditions without putting it in writing appears to be inaccurate.

There is a better chance that GDSI prevails than not. The MTD that was granted without prejudice, was not a ruling on the merits of the case and the FAC was submitted to resolve what appears to have been a procedural issue.

IMO. The judge wanted a better explanation of the relief being sought and the grounds for granting such relief. These are procedural issues, are not uncommon and are not issues of/on merit. The judge here appears to find merit to the complaint. Had there been a finding of NO MERIT the judge would have granted the MTD WITH prejudice and this case would have ended.

Looking forward to the settlement.