Exhibit 6
1. On June 28, 2023, a Virginia state court signed the Amended Final Order and Judgment against Cyberlux (and Mark D. Schmidt) in Case No. CL22-3882, in the Circuit Court of the City of...
DISTIL analysis
- Atlantic Wave holds $912,000 judgment against Cyberlux domesticated in three states
- UCC-1 financing statement filed July 2023 perfecting security interest in Cyberlux accounts receivable
- Active garnishment proceeding with HII withholding payment pending court order
- Atlantic Wave claims total exposure exceeds $7.7 million including breach damages
- Four identified competing creditors claim over $13.5 million from Cyberlux
- HII holds funds under terminated subcontract related to Prime Task Order 47QFCA22F0039
Extracted text
5 pages · 7845 charactersBN
BELLNUNNALLY ATTORNEYS & COUNSELORS
David A. Walton TEL: 214.740.1445 FAX: 214.740.5745 DWALTON@BELLNUNNALLY.COM
April 24, 2025
VIA EMAIL (clark.belote@kaufcan.com) Clark J. Belote Kaufman & Canoles, P.C. 150 W. Main Street, Suite 2100 Norfolk, VA 23510
RE: Claims to funds held or to be held on behalf of or for the benefit of Cyberlux Corporation.
Dear Mr. Belote:
This letter serves as formal notice to Huntington Ingalls Industries and HII Mission Technologies Corp. (collectively HII) as to Atlantic Wave Holdings, LLC (Atlantic Wave)'s claims to funds held or to be held by HII on behalf of or for the benefit of Cyberlux Corporation (Cyberlux). Upon information and belief, "Cyberlux has asserted entitlement to payment" from HII pursuant to Subcontract No. P000043846, dated August 29, 2023, HII's Prime Task Order 47QFCA22F0039, and Technical Direction Letter 1-023, as set forth in the Modification No. 4 to Subcontract No. P000043846 to Effectuate a Termination Settlement, effective as of February 26, 2025, by and between HII and Cyberlux. Atlantic Wave hereby asserts it is an interested stakeholder in any payment due and owed to Cyberlux by HII because Cyberlux has not satisfied debts due and owed to Atlantic Wave, in whole or in part, under a valid and enforceable judgment, writ of garnishment, or lien:
CLARK J. BELOTE KAUFMAN & CANOLES, P.C. APRIL 24, 2025
Plaintiffs [Atlantic Wave and Secure Community, LLC] until all sums are paid, and such security interest may be further memorialized through the filing of appropriate UCC-1 forms and the filing of appropriate Liens."
Based on the foregoing judgment, security interest, and claims, among others, Atlantic Wave contends it is currently owed in excess of $7,774,000, and further contends
CLARK J. BELOTE KAUFMAN & CANOLES, P.C. APRIL 24, 2025
that it is entitled to satisfy the amount owed by and through funds held by HII on behalf of or for the benefit of Cyberlux.
There are reasonable grounds to anticipate other rival claims to the same funds held by HII on behalf of or for the benefit of Cyberlux. Upon information and belief, Cyberlux is the subject of several other claims for monies due and owed by Cyberlux:
On the face of those pleadings, Cyberlux is allegedly indebted to other creditors in an amount in excess of $13,500,000, not including the amount due and owed to Atlantic Wave. In addition, there is reason to believe that other creditors or stakeholders may exist that have a claim to funds held on behalf of or for the benefit of Cyberlux.
Regardless of whether Cyberlux avers that it is not liable in whole or in part to any or all of the creditors or stakeholders, such averment is not ground for objection to HII taking appropriate actions to protect funds held by HII on behalf of or for the benefit of Cyberlux. We kindly request HII take all appropriate actions to protect such funds from
CLARK J. BELOTE KAUFMAN & CANOLES, P.C. APRIL 24, 2025
disbursement to (or dissipation by) Cyberlux, until any and all conflicting claims to the affected funds may be resolved amongst the necessary parties or by a court of competent jurisdiction.
We are glad to further discuss the foregoing matters with you and consider any resolution beneficial and fair to all affected parties. Please let us know your availability. Time is of the essence, and we appreciate in advance your prompt attention to this matter.
Very truly yours, Dank A. Walken
David A. Walton
Original source file
- File
- ip-hii-edva-00483-doc-0041-exhibit-6.pdf
- Source UID
- source:878b97cfffef0b69a130a569f7c0da605c9426f230cf4337690fc0bb7816e488
- Full SHA-256
- 878b97cfffef0b69a130a569f7c0da605c9426f230cf4337690fc0bb7816e488