Evidence Record
IP HII EDVA 00483 Doc. 0197 Exhibit 13
Pursuant to Modification No. 4 to Subcontract No. P000043846 (the "Agreement") by and between HIl Mission Technologies Corp. ("HII") and Cyberlux Corporation ("Cyberlux"), and in accordance with Section 5(f) of the Agreement, this letter...
DISTIL analysis
DISTIL Run
Profile
Standard
Version
1
Doc Type
Creditor Certification Letter
Total Nodes
36
Node Legend
Entity (ENT)
Event (EVT)
Claim (CLM)
Anchor (ANC)
Omission (OMI)
Tension (TEN)
Tell (TEL)
Inference (INF)
Hypothesis (HYP)
Stage 1
Index
Orientation · No nodes
Document Classification
Creditor Certification Letter Cyberlux Corporation to HII Mission Technologies Corp. Defense contracting, subcontract financial obligations, creditor certification under modification agreement 2025-05-30
multiple_creditorslitigation_presentunadjudicated_amountssettlement_negotiations
Analytical Frame
Financial disclosure, legal compliance, creditor relationships
Analytical Summary
This certification letter from Cyberlux Corporation to HII Mission Technologies addresses creditor obligations under Subcontract Modification No. 4. Cyberlux certifies owing approximately $13.4 million across six creditors, with varying levels of adjudication. The largest obligation is $7.76 million to Legalist SPV III, LP. Multiple creditors involve unadjudicated amounts under settlement negotiation, creating uncertainty around final payment obligations. Notably, Cyberlux disputes the garnishment summons amount from Atlantic Wave/Secure Community, asserting the actual judgment is lower and that unadjudicated claims will likely settle for less. The letter reflects financial stress within a defense subcontracting relationship, with Cyberlux managing multiple creditor demands while maintaining contractual obligations to HII.
Key Points
- Cyberlux certifies creditor obligations totaling approximately $13.4 million under Subcontract Modification No. 4
- Largest creditor is Legalist SPV III, LP at $7.76 million including accrued interest and fees
- Atlantic Wave/Secure Community judgment is $912,000, but garnishment summons was $1.445M with disputed difference
- Three creditors (Thin Air Gear, AeroTek, RB Capital) involve unadjudicated amounts under settlement negotiation
- ARG Group explicitly certified as having zero amount due
- Multiple footnotes indicate ongoing settlement discussions and disputed claim amounts
Stage 2
Core — Entities, Events, Claims
24 nodes
ENT-001
Entity
Cyberlux Corporation
Cyberlux Corporation, defense contractor and subcontractor to HII Mission Technologies, signatory to Subcontract No. P000043846 and subject of creditor certification obligations.
Page 1 — Cyberlux Corporation ("Cyberlux")
ENT-002
Entity
HII Mission Technologies Corp.
HII Mission Technologies Corp., prime contractor with address at 8350 Broad St., Suite 1400, McLean, VA 22102, recipient of creditor certification from Cyberlux.
Page 1 — HII Mission Technologies Corp.
8350 Broad St., Suite 1400,
McLean, VA 22102
ENT-003
Entity
Tim McAtee
Tim McAtee, Sr. Director, Subcontracts and Procurement at HII Mission Technologies Corp., recipient of certification letter.
Page 1 — Attention: Mr. Tim McAtee, Sr. Director, Subcontracts and Procurement
ENT-004
Entity
Larson Jay Isely
Larson Jay Isely, Chief Operating Officer of Cyberlux Corporation, signatory to creditor certification letter.
Page 1 — Larson Jay Isely
Chief Operating Officer
ENT-005
Entity
Legalist SPV III, LP
Legalist SPV III, LP, creditor owed the largest certified amount by Cyberlux.
Page 1 — Legalist SPV III, LP-$7,762,932.96 including accrued interest and fees (as of April 30, 2025)
ENT-006
Entity
Atlantic Wave Holdings, LLC and Secure Community, LLC
Atlantic Wave Holdings, LLC and Secure Community, LLC, joint creditors holding judgment against Cyberlux.
Page 1 — Atlantic Wave Holdings, LLC and Secure Community, LLC: Judgement of $912,000.00
ENT-007
Entity
Thin Air Gear
Thin Air Gear, creditor in settlement negotiations with Cyberlux for approximately $390,000.
Page 1 — Thin Air Gear: approximately $390,000.00
ENT-008
Entity
AeroTek, Inc.
AeroTek, Inc., creditor engaged in ongoing settlement conversations with Cyberlux.
Page 1 — AeroTek, Inc .: approximately $200,000 to $250,000
ENT-009
Entity
ARG Group, LLC
ARG Group, LLC, entity with zero certified amount owed from Cyberlux.
Page 1 — ARG Group, LLC: $0. There is no amount due ARG Group from Cyberlux
ENT-010
Entity
RB Capital Partners
RB Capital Partners, creditor in settlement discussions with Cyberlux regarding approximately $4.1 million.
Page 1 — RB Capital Partners: approximately $4,100,000
ENT-011
Entity
Subcontract No. P000043846
Subcontract No. P000043846, the Agreement between HII Mission Technologies Corp. and Cyberlux Corporation, as modified by Modification No. 4.
Page 1 — Modification No. 4 to Subcontract No. P000043846 (the "Agreement") by and between HIl Mission Technologies Corp. ("HII") and Cyberlux Corporation ("Cyberlux")
ENT-012
Entity
Circuit Court of Fairfax County, Virginia
Circuit Court of Fairfax County, Virginia, court that issued garnishment summons to HII.
Page 1 — Garnishment Summons from the Circuit Court of Fairfax County, Virginia
EVT-001
Event
Creditor Certification Letter Sent
On May 30, 2025, Cyberlux Corporation sent certification letter to HII Mission Technologies Corp. certifying amounts owed to creditors pursuant to Modification No. 4 to Subcontract No. P000043846.
Page 1 — 30 May 2025
HII Mission Technologies Corp.
8350 Broad St., Suite 1400,
McLean, VA 22102
Attention: Mr. Tim McAtee, Sr. Director, Subcontracts and Procurement
Subject: Certification of creditor amounts owed
EVT-002
Event
HII Letter to Cyberlux
On May 28, 2025, HII sent a letter to Cyberlux that prompted the creditor certification response.
Page 1 — Reference: May 28, 2025 Letter from HII to Cyberlux
EVT-003
Event
Garnishment Summons Presented to HII
On or around March 11, 2025, a garnishment summons for $1.445 million from the Circuit Court of Fairfax County, Virginia was presented to HII.
Page 1 — Cyberlux notes the $1.445M Garnishment Summons from the Circuit Court of Fairfax County, Virginia presented to HII on or around March 11, 2025
EVT-004
Event
Judgment Against Cyberlux
Atlantic Wave Holdings, LLC and Secure Community, LLC obtained a judgment of $912,000 against Cyberlux.
Page 1 — Atlantic Wave Holdings, LLC and Secure Community, LLC: Judgement of $912,000.00
CLM-001
Claim
Certified Debt to Legalist SPV III
Cyberlux certifies owing $7,762,932.96 including accrued interest and fees to Legalist SPV III, LP as of April 30, 2025.
Page 1 — Legalist SPV III, LP-$7,762,932.96 including accrued interest and fees (as of April 30, 2025)
CLM-002
Claim
Certified Judgment Amount
Cyberlux certifies judgment amount of $912,000 owed to Atlantic Wave Holdings, LLC and Secure Community, LLC.
Page 1 — Atlantic Wave Holdings, LLC and Secure Community, LLC: Judgement of $912,000.00
CLM-003
Claim
Estimated Debt to Thin Air Gear
Cyberlux certifies approximately $390,000 owed to Thin Air Gear based on preliminary settlement conversations.
Page 1 — Thin Air Gear: approximately $390,000.00
Not adjudicated; amount owed reflects Cyberlux's expectations following preliminary conversations between the parties around a settlement.
CLM-004
Claim
Estimated Debt to AeroTek
Cyberlux certifies approximately $200,000 to $250,000 owed to AeroTek, Inc. based on ongoing settlement conversations.
Page 1 — AeroTek, Inc .: approximately $200,000 to $250,000
Not adjudicated; amount owed reflects Cyberlux estimate as settlement conversations are ongoing.
CLM-005
Claim
Zero Debt to ARG Group
Cyberlux certifies that there is no amount due to ARG Group, LLC from Cyberlux.
Page 1 — ARG Group, LLC: $0. There is no amount due ARG Group from Cyberlux
CLM-006
Claim
Estimated Debt to RB Capital Partners
Cyberlux certifies approximately $4,100,000 owed to RB Capital Partners based on settlement discussions, particularly around timing of payments.
Page 1 — RB Capital Partners: approximately $4,100,000
Not adjudicated; amount owed reflects Cyberlux estimation based on settlement discussions, particularly around timing of payments.
CLM-007
Claim
Dispute Over Garnishment Amount
Cyberlux disputes that the $1.445M garnishment summons amount represents the actual obligation, asserting that the difference from the $912,000 judgment relates to unadjudicated amounts not yet awarded by a court.
Page 1 — Cyberlux notes the $1.445M Garnishment Summons from the Circuit Court of Fairfax County, Virginia presented to HII on or around March 11, 2025 is for an amount that is greater than the judgement amount included herein. The difference relates to amounts that are still unadjudicated and have not been awarded to the plaintiffs by a court of competent jurisdiction.
CLM-008
Claim
Expected Final Settlement Below Garnishment
Cyberlux claims that any final adjudication of the claims will result in aggregate payments that are less than the garnishment summons amount.
Page 1 — Cyberlux believes that any final adjudication of the claims will result in aggregate payments that are less than the Garnishment Summons.
Stage 3
In Situ — Quotations, Tells, Tensions, Questions
5 nodes
TEN-001
Tension
Garnishment vs. Judgment Amount Discrepancy
Significant tension exists between the $1.445M garnishment summons amount and the $912,000 judgment certified by Cyberlux, with Cyberlux positioning the $533,000 difference as unadjudicated and likely to be reduced.
Page 1 — Cyberlux notes the $1.445M Garnishment Summons from the Circuit Court of Fairfax County, Virginia presented to HII on or around March 11, 2025 is for an amount that is greater than the judgement amount included herein. The difference relates to amounts that are still unadjudicated and have not been awarded to the plaintiffs by a court of competent jurisdiction. Cyberlux believes that any final adjudication of the claims will result in aggregate payments that are less than the Garnishment Summons.
TEN-002
Tension
Certified vs. Unadjudicated Amounts
Tension between adjudicated obligations (Legalist, Atlantic Wave/Secure Community judgment) and unadjudicated settlement estimates (Thin Air Gear, AeroTek, RB Capital), creating uncertainty around actual final liabilities.
Page 1 — Not adjudicated; amount owed reflects Cyberlux's expectations following preliminary conversations between the parties around a settlement.
Not adjudicated; amount owed reflects Cyberlux estimate as settlement conversations are ongoing.
Not adjudicated; amount owed reflects Cyberlux estimation based on settlement discussions, particularly around timing of payments.
QST-001
Question
Why does ARG Group have zero debt?
What circumstances led to ARG Group, LLC being explicitly listed with zero amount owed when all other listed creditors have substantial obligations?
Page 1 — ARG Group, LLC: $0. There is no amount due ARG Group from Cyberlux
QST-002
Question
What triggered Section 5(f) certification requirement?
What provisions in Section 5(f) of the Agreement and Modification No. 4 required Cyberlux to certify creditor amounts to HII?
Page 1 — Pursuant to Modification No. 4 to Subcontract No. P000043846 (the "Agreement") by and between HIl Mission Technologies Corp. ("HII") and Cyberlux Corporation ("Cyberlux"), and in accordance with Section 5(f) of the Agreement, this letter certifies to the amounts Cyberlux owes to the following creditors:
QST-003
Question
What is the nature of unadjudicated Atlantic Wave/Secure Community claims?
What specific claims constitute the approximately $533,000 difference between the judgment amount and the garnishment summons that Cyberlux characterizes as unadjudicated?
Page 1 — The difference relates to amounts that are still unadjudicated and have not been awarded to the plaintiffs by a court of competent jurisdiction.
Stage 4
Interpretive — Inferences, Omissions, Patterns
7 nodes
INF-001
Inference
Financial Distress Indication
The certification of approximately $13.4 million in creditor obligations, multiple ongoing settlement negotiations, and litigation involving garnishment suggests significant financial distress at Cyberlux during the subcontract period.
Page 1 — this letter certifies to the amounts Cyberlux owes to the following creditors:
· Legalist SPV III, LP-$7,762,932.96 including accrued interest and fees (as of April 30, 2025)
· Atlantic Wave Holdings, LLC and Secure Community, LLC: Judgement of $912,000.00
· Thin Air Gear: approximately $390,000.00
· AeroTek, Inc .: approximately $200,000 to $250,000
· ARG Group, LLC: $0. There is no amount due ARG Group from Cyberlux
· RB Capital Partners: approximately $4,100,000
INF-002
Inference
HII Risk Management Through Certification
HII's requirement for creditor certification under Modification No. 4 suggests the prime contractor is managing financial risk related to Cyberlux's ability to perform and potential exposure to creditor claims against subcontract payments.
Page 1 — Pursuant to Modification No. 4 to Subcontract No. P000043846 (the "Agreement") by and between HIl Mission Technologies Corp. ("HII") and Cyberlux Corporation ("Cyberlux"), and in accordance with Section 5(f) of the Agreement, this letter certifies to the amounts Cyberlux owes to the following creditors:
Reference: May 28, 2025 Letter from HII to Cyberlux
INF-003
Inference
Settlement Strategy Over Litigation
Cyberlux appears to be pursuing settlement strategies with multiple creditors (Thin Air Gear, AeroTek, RB Capital) rather than formal adjudication, potentially to reduce final payment amounts and maintain operational flexibility.
Page 1 — Not adjudicated; amount owed reflects Cyberlux's expectations following preliminary conversations between the parties around a settlement.
Not adjudicated; amount owed reflects Cyberlux estimate as settlement conversations are ongoing.
Not adjudicated; amount owed reflects Cyberlux estimation based on settlement discussions, particularly around timing of payments.
INF-004
Inference
Timing-Based Settlement with RB Capital
The specific reference to 'timing of payments' in RB Capital settlement discussions suggests that payment schedule restructuring, rather than principal amount reduction, may be the primary negotiation focus.
Page 1 — RB Capital Partners: approximately $4,100,000
Not adjudicated; amount owed reflects Cyberlux estimation based on settlement discussions, particularly around timing of payments.
OMI-001
Omission
No Context for ARG Group Zero Balance
The letter provides no explanation for why ARG Group, LLC is listed with zero amount owed, omitting context about whether this represents a paid obligation, disputed claim, or other resolution.
Page 1 — ARG Group, LLC: $0. There is no amount due ARG Group from Cyberlux
OMI-002
Omission
No Detail on May 28 HII Letter Content
The certification references a May 28, 2025 letter from HII to Cyberlux that prompted this response, but provides no detail about what HII requested or communicated in that correspondence.
Page 1 — Reference: May 28, 2025 Letter from HII to Cyberlux
OMI-003
Omission
No Explanation of Modification No. 4 Provisions
While the letter cites Section 5(f) of the Agreement and Modification No. 4 as the basis for certification, it omits any explanation of what these provisions require or why creditor disclosure became necessary.
Page 1 — Pursuant to Modification No. 4 to Subcontract No. P000043846 (the "Agreement") by and between HIl Mission Technologies Corp. ("HII") and Cyberlux Corporation ("Cyberlux"), and in accordance with Section 5(f) of the Agreement
Extracted text
1 pages · 2298 charactersFiling Header
Document 197-13 Document 1-3
Filed 04/22/26 Filed 06/24/25
Page 1 of 1 PageID# 4354 Page 2 of 2 PageID# 29 TM
CYBERLU Harnessing the Future
CYBERLUX DEFENSE
30
May 2025 HII Mission Technologies Corp. 8350 Broad St., Suite 1400, McLean, VA 22102 Attention: Mr. Tim McAtee, Sr. Director, Subcontracts and Procurement
tabbies*
EXHIBIT A.12
Subject:
Certification of creditor amounts owed
Reference:
May 28, 2025 Letter from HII to Cyberlux
Dear Mr. McAtee.
Pursuant to Modification No. 4 to Subcontract No. P000043846 (the "Agreement") by and between HIl Mission Technologies Corp. ("HII") and Cyberlux Corporation ("Cyberlux"), and in accordance with Section 5(f) of the Agreement, this letter certifies to the amounts Cyberlux owes to the following creditors:
· Legalist SPV III, LP-$7,762,932.96 including accrued interest and fees (as of April 30, 2025)
· Atlantic Wave Holdings, LLC and Secure Community, LLC: Judgement of $912,000.001
· Thin Air Gear: approximately $390,000.002
· AeroTek, Inc .: approximately $200,000 to $250,0003
· ARG Group, LLC: $0. There is no amount due ARG Group from Cyberlux
· RB Capital Partners: approximately $4,100,0004
We trust that you find this certification in order. Should you have any questions, please do not hesitate to contact the undersigned directly.
Sincerely, Larson by Seely
Larson Jay Isely Chief Operating Officer
1
Cyberlux notes the $1.445M Garnishment Summons from the Circuit Court of Fairfax County, Virginia presented to HII on or around March 11, 2025 is for an amount that is greater than the judgement amount included herein. The difference relates to amounts that are still unadjudicated and have not been awarded to the plaintiffs by a court of competent jurisdiction. Cyberlux believes that any final adjudication of the claims will result in aggregate payments that are less than the Garnishment Summons.
2
Not adjudicated; amount owed reflects Cyberlux's expectations following preliminary conversations between the parties around a settlement.
3
Not adjudicated; amount owed reflects Cyberlux estimate as settlement conversations are ongoing.
4
Not adjudicated; amount owed reflects Cyberlux estimation based on settlement discussions, particularly around timing of payments.
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