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Re: click5 post# 45025

Friday, 01/24/2014 10:28:50 AM

Friday, January 24, 2014 10:28:50 AM

Post# of 91007
That provision ended after November 9th. Remember that I made that post in October.

19. The parties agree that, for the period from and after the date hereof through and including November 9, 2013, and regardless of whether Hanover or its affiliates then hold any debt or equity securities of Intellicell, Hanover and its affiliates shall have the exclusive right to enter into transactions with Intellicell whereby Intellicell directly or indirectly issues Common Stock or Common Stock equivalents to a party in exchange for outstanding securities, claims or property interests, or partly in such exchange and partly for cash, in one or more transactions carried out pursuant to Section 3(a)(9) or Section 3(a)(10) of the Securities Act.

22. Without the prior written consent of Hanover, Intellicell shall not (and shall cause each of its subsidiaries and affiliates to not) disclose the name of Hanover in any filing (other than the Initial 8-K Filing and any Additional 8-K Filing), announcement, release or otherwise.

It was still in effect at that time and also in effect when the undisputed $535K payment was handed over to Ironridge by our "mystery investor" on August 26th.

You can read the actual transcript in document #40 (still the only one available on the SCROLL site). Here is the link:

https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=PIYBGoTxL8Q/ojsC08o8FQ==&system=prod

If the "mystery investor" has been named in subsequent court sessions we have no transcripts available to see who it is. I really doubt he has been named since he hasn't yet been (and may not ever be) required to hand over any more money in court.

BTW, the transcript makes it clear that the case, even now, is about more than $91K. Final decisions have yet to be made and rights under the security agreement have not been relinquished. It's all still to be determined as far as I can see.

Thanks go out to S.

Long Profits...the only real truth

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