Wednesday, October 06, 2021 6:33:39 PM
Accordingly, the Company filed formal notice of default on June 30, 2019, alleging several events of breach, material misrepresentation,
fraudulent inducement, and irreparable harm. The parties subsequently negotiated a settlement agreement calling for
the payment by Attis to the Company of $3,000,000 in cash, the cancellation of the Attis Debenture, and the return of
100% of all right, title and interest in, to and under the equity of FC in exchange for the Company’s agreement to
execute a release of all claims against Attis and its affiliates. However, Attis there again failed to perform as agreed
and, effective February 17, 2021, the Company issued formal notice of termination to Attis, including a demand for
payment of outstanding amounts due under the SPA and related transaction documents, and restitution of all amounts
Attis received in connection with FC and its intellectual property rights. Attis has ignored the Company’s demand and
appears to have discontinued operations. Management is evaluating the Company’s rights and remedies in connection
with all matters involving Attis, and is unable to characterize or evaluate the probability of any outcome at this time.
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