That document makes no mention of any need or failure to fund anything. It's simply an extension of the Term Sheet Offer. And the JV agreement (WHICH HAD NOTHING TO DO WITH THE MERGER!) never required XERI to invest $10 million. It only gave XERI the OPTION to do so. FYI: Maxim had agreed to raise the $100 million required to do the merger. Any additional funds to pay for the development of the TF600 were supposed to be raised following the uplist to NASDAQ.
LMAO! You actually thought that an exhibit to XERI's lawsuit against XTI would support XTI's position? Seriously??? It was there to make XERI's case that XTI kept jerking them along by extending the term sheet while secretly seeking a SPAC or other public company that might have offered them a faster track to NASDAQ.