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Re: PhenixBleu post# 43630

Wednesday, 12/18/2019 4:58:33 AM

Wednesday, December 18, 2019 4:58:33 AM

Post# of 50023
You must have prior knowledge in order to support your claim of an affirmative Defense which Rontan did not have and to this date there has been no demand by Rontan for GDSI to prove that funding was available by an alternate source.


For Rontan to assert that GDSI could not fund the transaction. Rontan was obligated under the terms of the contract to attempt to execute the terms of the contract and upon learning of the inability of GDSI to fund their contractual obligations could have withdrawn from the execution of the SPA at the time of share exchange. This did not happen. Rontan without notice or cause withdrew. This is not an affirmative defense. This is a breach of contract which is recognized and stated by the judge in his rulings.