Replies to post #47435 on Global Digital Solutions Inc (GDSI)

[Coreton]

b) In exchange for the transfer of the shares, Plaintiff's obligation to pay the purchase price (whether the cash, stock, or earn-out amount, as defined by the Agreement) shall be met by setting off against the purchase price the amount of the monetary award for incidental damages set forth below until such time as

(i) the monetary final judgment award, including payment of INTEREST, is fully satisfied and

(ii) any fees and costs award relating to this action is fully satisfied. Until then, any consideration that Plaintiff may owe to Defendants pursuant to the Agreement shall, when it matures, be credited against the unsatisfied portion of the monetary final judgment award and any fees and costs award.

[Coreton]

e) To the extent that the monetary final judgment award is not satisfied by payment or setoff of the purchase price, Plaintiff shall be entitled to enforce and recover such unsatisfied portion of the monetary final judgment award against any or all of Defendants, who will be jointly and severally liable for any unsatisfied portion.

(f) This judgment shall bear INTEREST at the rate prescribed by 28 U.S.C. § 1961.
( computed daily and compounded annually from the date of judgement 2/3/2021. Not the date of breach as I previously posted)


(g) Pursuant to the Agreement, Plaintiff is "entitled to recover all reasonable expenses relating [to this action] (including attorney's fees and expenses) from [Defendants] . . . ." (See DE 55-1 at 15â??16). If Plaintiff intends to file a motion for attorneys' fees and costs, it must do so within 14 days of the entry of this Final Judgment.

(3) The Clerk of Court shall CLOSE THIS CASE.

(4) All pending motions are DENIED AS MOOT.

(5) The Court will retain jurisdiction to determine the amount of attorneys' fees and costs and to consider, if supported by the facts and the applicable law, any future request by Plaintiff regarding its election of the remedy of specific performance with incidental damages.

SIGNED in Chambers at West Palm Beach, Florida, this 3rd day of February, 2021. Donald M. Middlebrooks United States District Judge