Global Digital Solutions Inc (GDSI)

[Annerco]

Sure eqinvestor, more than a reasonable chance... I would say it would be the most likely scenario. Just as a matter of fairness, if GDSI knew that there were tax liabilities then it cannot argue that it should be awarded damages to offset them... (clean hands).

Now, I was under the impression that GDSI did not know. If I recall correctly, defendants made representations in the SPA that they did not have tax liabilities or, if they did, they were minimum. In fact, GDSI stated that these were "undisclosed tax obligations". I recall that they used KPMG's report to prove that defendant's tax obligations were indeed larger than stated. But I don't remember that they knew about this report prior to this case. Maybe there is something that I am missing here. Can you clarify why you say that "it is clear that GDSI knew" about this report? Has this been argued by defendants?

Just as a disclosure, I only have had access to the docket through the link at the top of this forum.