Cybergy Holdings Inc. (fka CYBG)

[Clutch Cargo]

MKHD - YES Keech, but there's something MORE..;.

I'm probably the only trader here who has taken the 4 to 5 hours needed to crawl through (and understand) the terribly written and obscenely confusing "Definitive Agreement", dated March 19th, between FRMB and MKHD. And I'm sooooooooo glad that I did ... because it contains a couple of BOMB-SHAKERS!

First and foremost, the deal is DEFINITELY going forward this time. Both parties have paid for, and received, the very expensive legal opinions of their respective law firms as to the "kosher" nature of the transaction. That was never required before.

Also --- and even more importantly --- is the fact that the Definitive Agreement uses two separate dates: the "Effective Date", which is March 19, 2014, and the "Closing Date", which is May 14, 2013.

Under the terms of the Definitive Agreement, on the "Effective Date" (March 19, 2013), MKHD was required to

"deposit [with the Escrow Agent, who is MKHD's law firm, Anslow & Jaclin ALL "cash obtained from MKHD's INTERIM FINANCING EFFORTS not ALREADY held by the Escrow Agent."

The Agreement ALSO goes on to state [in plain English] the following:

1. ALL of the money attributable to the INTERIM FINANCING that MKHD has participated in, and that was deposited in escrow goes to MKHD at the closing.

2. In order to make CERTAIN that FRMB gets the agreed upon 75% of all of MKHD's voting stock and a certain percentage of its perferred stock, a special "Claw Back" account has been set up with the Escrow Agent. Under the terms of that account, MKHD had deposited a number of its shares into the account.

AND HERE'S THE KICKER ...

The MKHD shares in the Claw Back account stay there, available to "compensate" MKHD, IF DURING THE NEXT 24 MONTHS FRMB DOES NOT COMPLETE A MYSTERIOUS " SUBSEQUENT FINANCING".

ANY IDEAS WHO MIGHT BE INVOLVED IN THAT "SUBSEQUENT FINANCING"?????