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FUNMAN

08/04/13 8:16 PM

#67756 RE: Toxic Avenger #67754

How does anyone make a deal with these people?

Drugdoctor

08/04/13 11:39 PM

#67759 RE: Toxic Avenger #67754

That's INSANE!!! Cruel and unusual Investor punishment for DKAM longs to lose everything else... I've never seen any terms like these...

"The parties agree that the total amount of Common Stock to be delivered by Drinks to satisfy the Compromised Amount shall be issued at a sixty-five percent (65%) discount to market [the total amount of the claims multiplied by thirty-five percent (35%)] based upon the lowest purchase for which the Common Stock of the Company has historically traded on the principal market, (NASDAQ, National Market, NASDAQ Small Cap Market, Over the Counter Bulletin Board, QB Market Place, American Stock Exchange), whichever is the principal trading exchange or market for the Common Stock of the Company preceding the share request (the “Trading Period”). The parties have agreed and established an escrow account for the settlement shares, and Continental Stock Transfer and Trust Company, (transfer agent) the escrow agent, shall upon the request of Drinks issue in the name of IBC Funds, LLC the number of shares requested so long as the number of shares requested does not make IBC Funds, LLC the owner of more than 9.99% of the outstanding Common Stock at any time. Additional tranche requests shall be made by Drinks from time to time as requested by IBC Funds, LLC until the settlement shares are paid in full so long as the number of shares requested does not make IBC Funds, LLC the owner of more than 9.99% of the outstanding shares of common stock at any given time. If, during the Trading Period, the initial shares do not satisfy the total settlement shares IBC Funds, LLC is entitled to receive, IBC Funds, LLC shall have the right to require Drinks to immediately issue additional shares of Common Stock up to 9.99% of the total outstanding shares as of the date. Any such additional shares of Common Stock issued during the trading period shall be included as initial shares in the final calculation.