Tuesday, September 13, 2022 8:57:36 AM
30 days till 10-K is due. Just what horrors will it reveal. Will anything be in it about the XTI JV. Will it show where the $6 mil toxic loan money went to.
Only 49 days until Nov 1st when XERI will default on Auctus toxic loan for failing to complete a merger and uplist in prescribed time limits. It cost Duffy and the investor 20 million shares just to extend the default deadline to Nov 1st
Expect more debt, nothing from XTI JV or MovyChem JV, no Nexboard and a falling SP.
The Company shall grant to Auctus a new warrant to purchase 25,000,000 shares on the same terms of the Warrant (as defined in the Agreement) except that the exercise price shall be $0.09 per share and the term thereof shall commence on July 26, 2022; (b) the Company shall make a prepayment of $100,000 within three business days from the date of this Amendment, and (c) Edward DeFeudis shall cancel his 10b-5(1) Plan.
The reference to “twelve (12) months from the Issue Date” in the last sentence of the first paragraph of the Note is hereby replaced with “November 1, 2022”.
The references to “the date that is eight (8) calendar months after the Issue Date” in Sections 3.19 and 3.20 of the Note are hereby replaced with “November 1, 2022”.
https://www.sec.gov/Archives/edgar/data/1481504/000147793222005599/xeri_ex101.htm
3.19 Failure to Uplist. If, at any time on or after the date that is eight (8) calendar months after the Issue Date, the Company’s Common Stock ceases to be listed for trading on the NYSE American, the Nasdaq Capital Market, the Nasdaq Global Market, the Nasdaq Global Select Market, the New York Stock Exchange, or any other national securities exchange (or any successors to any of the foregoing).
3.20 Failure to Acquire XTI. The Company fails to acquire 100% of the equity interests of XTI on or before the date that is eight (8) calendar months after the Issue Date.
https://www.sec.gov/Archives/edgar/data/1481504/000147793221007820/xeri_ex41.htm
Only 49 days until Nov 1st when XERI will default on Auctus toxic loan for failing to complete a merger and uplist in prescribed time limits. It cost Duffy and the investor 20 million shares just to extend the default deadline to Nov 1st
Expect more debt, nothing from XTI JV or MovyChem JV, no Nexboard and a falling SP.
The Company shall grant to Auctus a new warrant to purchase 25,000,000 shares on the same terms of the Warrant (as defined in the Agreement) except that the exercise price shall be $0.09 per share and the term thereof shall commence on July 26, 2022; (b) the Company shall make a prepayment of $100,000 within three business days from the date of this Amendment, and (c) Edward DeFeudis shall cancel his 10b-5(1) Plan.
The reference to “twelve (12) months from the Issue Date” in the last sentence of the first paragraph of the Note is hereby replaced with “November 1, 2022”.
The references to “the date that is eight (8) calendar months after the Issue Date” in Sections 3.19 and 3.20 of the Note are hereby replaced with “November 1, 2022”.
https://www.sec.gov/Archives/edgar/data/1481504/000147793222005599/xeri_ex101.htm
3.19 Failure to Uplist. If, at any time on or after the date that is eight (8) calendar months after the Issue Date, the Company’s Common Stock ceases to be listed for trading on the NYSE American, the Nasdaq Capital Market, the Nasdaq Global Market, the Nasdaq Global Select Market, the New York Stock Exchange, or any other national securities exchange (or any successors to any of the foregoing).
3.20 Failure to Acquire XTI. The Company fails to acquire 100% of the equity interests of XTI on or before the date that is eight (8) calendar months after the Issue Date.
https://www.sec.gov/Archives/edgar/data/1481504/000147793221007820/xeri_ex41.htm
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