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r clarke

10/21/18 8:11 PM

#78391 RE: Hawk NY #78389

Why do I think they're broke?

Besides being delinquent with SEC and Nevada?

Because nothing much has significantly changed since filings

They had $23893 in cash and equivalents Dec 2015
They had $28 in cash and equivalents Dec 2016

( Twenty eight dollars ... barely enough for pizza ?)


The Company is delinquent in its payroll tax remittances.

The Company is delinquent on its state and federal payroll tax remittances. The State of California has issued a Notice of State Tax Lien against the property and rights owned by the Company covering interest and penalties for non-payment of payroll remittances.



The company explains the situation pretty well in the last filing:

The Company may require additional capital in the future and no assurance can be given that such capital will be available at all or available on acceptable terms.

The Company remains highly dependent upon funding from non-operational sources. The Company’s consolidated financial statements have been presented on the basis that it is a going concern, which contemplates the realization of assets and satisfaction of liabilities in the normal course of business. The Company has incurred net losses of $33,932,305 since inception and has a working capital deficit of $9,878,366 as of December 31, 2016. These conditions raise substantial doubt about the Company’s ability to continue as a going concern. The consolidated financial statements do not include any adjustments to reflect the possible future effects on the recoverability and classification of assets or the amounts and classification of liabilities that may result from the outcome of these uncertainties.

There are no assurances that the Company will be able to either (1) achieve a level of revenues adequate to generate sufficient cash flow from operations; or (2) obtain additional financing through either private placement, public offerings and/or bank financing necessary to support the Company's working capital requirements. To the extent that funds generated from operations and any private placements, public offerings and/or bank financing are insufficient, the Company will have to raise additional working capital. No assurance can be given that additional financing will be available, or if available, will be on terms acceptable to the Company. If adequate working capital is not available the Company may be required to curtail or cease its operations.





They also need to pay for license:


On February 12, 2016, the Company signed an eleventh amendment to the Licensing Agreement with NTI whereby the parties amended the Agreement (and subsequent Amendments) to extend the Extended Exclusivity Period (as defined in the Licensing Agreement), to December 31, 2020 (“2020 Extended Exclusivity Period”). In consideration for the 2020 Extended Exclusivity Period, the Company shall pay the following consideration to NTI:


i)
Issue 2,240,000 shares of Series B Preferred Stock (“Series B Preferred Shares”), to be issued at the time of execution of this Eleventh Amendment Agreement (“Share Issuance Deadline”).


ii)
Issue purchase warrants to purchase 31,300,000 shares of Series B Preferred Stock (“90-Day Warrants”), to be issued 90 days following the execution of this Agreement (“90-Day Deadline“). The 90-Day Warrants shall be exercisable at any time from the date of issuance at a price per share equal to the par value of the Series B Preferred Stock and shall expire ten years from the date of issuance.


iii)
Issue purchase warrants to purchase 126,000,000 shares of Series B Preferred Stock (“12-Month Warrants”), to be issued 12 months following the execution of this Agreement (“12-Month Deadline”). The 12-Month Warrants shall be exercisable at any time from the date of issuance at a price per share equal to the par value of the Series B Preferred Stock and shall expire ten years from the date of issuance.



(The “90-Day Warrants” and the 12-Month Warrants” collectively referred to as the “Warrants”).


iv)
Pay the Licensor an amount equal to US $1,500,000 (one million five hundred thousand USD) (“One Time Fee”), to be paid within 12 (twelve) months of the execution of this Eleventh Amendment Agreement (“Fee Deadline”).


On November 9, 2016, the Company signed a twelfth amendment to the Licensing Agreement with NTI whereby the parties amended the Agreement (and subsequent Amendments) to extend the spray foam insulation (SFI) exclusivity by 24 months from the date of this amendment in exchange for the following consideration:


(i)
The Company shall issue to the Licensor 600,000 Series B Preferred Shares and 3,000,000 warrants to purchase 3,000,000 Series B Preferred Shares with an exercise price of $0.00001 and expiring 10 years from the date of issuance (“Consideration”), to be paid at the time of execution of this Twelfth Amendment Agreement (“Deadline”). Should the Company not pay the Consideration within the Deadline, the SFI Exclusivity shall not be renewed.

(7)


(xvi)
On June 15, 2017 the Company signed a thirteenth amendment where the parties extended the Fee Deadline for the payment of the One Time Fee as part of the consideration for the 2020 Extended Exclusivity Period (as defined in part iv) of Amendment 11) to August 31, 2017, at which time the whole of the One Time Fee shall be due and payable.


(xvi)
On April 26, 2018 the Company signed a fourteenth amendment where the parties extended the Fee Deadline for the payment of the One Time Fee as part of the consideration for the 2020 Extended Exclusivity Period (as defined in part iv) of Amendment 11) to December 31, 2019, at which time the whole of the One Time Fee shall be due and payable.

As of May 2018, approximately $89,000 had been paid by the Company to NTI with regards to licensing fees payable and all share issuances deadlines were met.


Dec 16

"The Company had a working capital deficit of $9,878,366 as of December 31, 2016. We do not have sufficient cash on hand to fund operations. We believe that we will need approximately $1,100,000 to fund our operations over the next 12 months."



... feel free to discount anything I say, as I'm just an ignorant
naysayer.

The company is broke no matter what margins you assign to any reported
sales.




"How do u think u know they were broke at the beginning of 2018 with no 2017 filings?