Evidence Record

Fn Awh Ucc1 California Schmidt Cyberlux 20231020

STATE OF CALIFORNIA Office of the Secretary of State UCC FINANCING STATEMENT (UCC 1) California Secretary of State 1500 11th Street Sacramento, California 95814 (916) 653-3516

Type
document
Pages
2
Lines
81
SHA-256
a16cad0b7237

DISTIL analysis

DISTIL Run
Profile
Standard
Version
1
Doc Type
UCC-1 Financing Statement
Total Nodes
19
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
UCC-1 Financing Statement California Secretary of State filing by Arlington Law Group Secured transactions; military communications technology; corporate financing 2023-10-20
broad_collateral_sweepsubsidiary_inclusionmilitary_technologyintellectual_property_security
Analytical Frame
Commercial security interest perfection in technology assets
Analytical Summary
This UCC-1 financing statement filed October 20, 2023 establishes security interests by Atlantic Wave Holdings, LLC and Secure Community, LLC over substantially all assets of Mark D. Schmidt and Cyberlux Corporation. The collateral encompasses tactical military communications equipment, HF and VHF transceivers across multiple Spectre product series, associated intellectual property, and all subsidiaries including Datron World Communications, Inc. The filing creates a comprehensive blanket lien covering inventory, equipment, accounts receivable, intellectual property, and future-acquired property related to military communications technology. The secured parties are both based in Richmond, VA, while debtors operate from Research Triangle Park, NC, with filing executed through Arlington Law Group.
Key Points
  • Dual secured parties: Atlantic Wave Holdings, LLC and Secure Community, LLC
  • Debtors include both individual Mark D. Schmidt and Cyberlux Corporation
  • Collateral includes all tactical military communications equipment and technology
  • Security interest extends to subsidiary Datron World Communications, Inc.
  • Comprehensive blanket lien covering intellectual property, inventory, accounts, and future acquisitions
  • Filed in California despite parties located in Virginia and North Carolina
Stage 2
Core — Entities, Events, Claims
8 nodes
ENT-001
Entity
Atlantic Wave Holdings, LLC
Atlantic Wave Holdings, LLC - Secured party in UCC-1 financing statement, mailing address 11 S. 12th Street, Richmond, VA 23219
Page 1 — Secured Party Name Mailing Address Atlantic Wave Holdings, LLC 11 S. 12th Street Richmond, VA 23219
ENT-002
Entity
Secure Community, LLC
Secure Community, LLC - Secured party in UCC-1 financing statement, mailing address 11 S. 12th Street, Richmond, VA 23219
Page 1 — Secured Party Name Mailing Address Secure Community, LLC 11 S. 12th Street Richmond, VA 23219
ENT-003
Entity
Mark D. Schmidt
Mark D. Schmidt - Individual debtor, mailing address 800 Park Offices Drive, Suite 3209, Research Triangle Park, NC 27709
Page 1 — Debtor Name Mailing Address Mark D. Schmidt 800 Park Offices Drive Suite 3209 Research Triangle Park, NC 27709
ENT-004
Entity
Cyberlux Corporation
Cyberlux Corporation - Corporate debtor, mailing address 800 Park Offices Drive, Suite 3209, Research Triangle Park, NC 27709
Page 1 — Debtor Name Mailing Address Cyberlux Corporation 800 Park Offices Drive Suite 3209 Research Triangle Park, NC 27709
ENT-005
Entity
Datron World Communications, Inc.
Datron World Communications, Inc. - Subsidiary of Cyberlux Corporation explicitly included in the collateral description
Page 1 — in the case of Debtor Cyberlux Corporation, all subsidiaries of such Debtor, including without limitation Datron World Communications, Inc.
ENT-006
Entity
Arlington Law Group
Arlington Law Group - Law firm submitting the UCC-1 filing through attorney Eric M. Lemmer, located at 1739 Clarendon Boulevard, Arlington, VA 22209
Page 1 — Contact Name Organization Name Phone Number Email Address Address Eric M. Lemmer, Esq. Arlington Law Group (703) 842-3025 elemmer@arlingtonlawgroup.com 1739 CLARENDON BOULEVARD ARLINGTON, VA 22209
EVT-001
Event
UCC-1 Filing - California Secretary of State
UCC Financing Statement filed with California Secretary of State on October 20, 2023, assigned file number U230074215520
Page 1 — -FILED- File No .: U230074215520 Date Filed: 10/20/2023
CLM-001
Claim
Security Interest in All Debtor Assets
Secured parties claim security interest in all of each debtor's right, title and interest in all assets, whether now owned or hereafter acquired, including inventory, equipment, accounts, intellectual property, subsidiaries, and all related rights and proceeds
Page 1 — All of each Debtor's right, title and interest, whether now owned or hereafter acquired, in all of such Debtor's assets, including without limitation (i) any and all inventory (including without limitation relating to tactical military communications equipment, HF communication and software solutions equipment, Spectre H series HF transceivers, Spectre M series multi-band SDR transceivers and Spectre V series VHF transceivers, as well as all research and development for future technology), equipment, accounts, chattel paper, contractual rights, instruments, letter-of-credit rights, letters of credit, documents, deposit accounts, money, intellectual property (including without limitation relating to tactical military communications equipment, HF communication and software solutions equipment, Spectre H series HF transceivers, Spectre M series multi-band SDR transceivers and Spectre V series VHF transceivers, as well as all research and development for future technology), general intangibles, accounts receivable and other rights to payment and performance, (ii) any and all furniture, fixtures, attachments, accessions, accessories, fittings, tools, parts, supplies and commingled goods relating to any of the foregoing property, (iii) any and all additions, replacements of and substitutions for all or any part of any of the foregoing property, (iv) any and all insurance proceeds relating to any of the foregoing property, (v) any and all goodwill relating to any of the foregoing property, and (vi) in the case of Debtor Cyberlux Corporation, all subsidiaries of such Debtor, including without limitation Datron World Communications, Inc.
Stage 3
In Situ — Quotations, Tells, Tensions, Questions
6 nodes
QUO-001
Quotation
Spectre Product Line Specification
Collateral description explicitly names three product series: 'Spectre H series HF transceivers, Spectre M series multi-band SDR transceivers and Spectre V series VHF transceivers'
Page 1 — Spectre H series HF transceivers, Spectre M series multi-band SDR transceivers and Spectre V series VHF transceivers, as well as all research and development for future technology
QUO-002
Quotation
Future Technology Clause
Security interest explicitly extends to 'all research and development for future technology' related to military communications equipment
Page 1 — as well as all research and development for future technology
TEN-001
Tension
Individual vs. Corporate Debtor Structure
Filing names both Mark D. Schmidt as individual debtor and Cyberlux Corporation as corporate debtor, both sharing identical mailing address, suggesting potential piercing of corporate veil or personal guarantee structure
Page 1 — Debtor Name Mailing Address Mark D. Schmidt 800 Park Offices Drive Suite 3209 Research Triangle Park, NC 27709 Cyberlux Corporation 800 Park Offices Drive Suite 3209 Research Triangle Park, NC 27709
TEN-002
Tension
Dual Secured Party Configuration
Two separate secured parties (Atlantic Wave Holdings, LLC and Secure Community, LLC) share identical Richmond, VA address and hold security interests in same collateral, suggesting related entities or coordinated financing structure
Page 1 — Secured Party Name Mailing Address Atlantic Wave Holdings, LLC 11 S. 12th Street Richmond, VA 23219 Secure Community, LLC 11 S. 12th Street Richmond, VA 23219
QST-001
Question
California Filing Jurisdiction
Why was this UCC-1 filed in California when secured parties are in Virginia and debtors are in North Carolina? No California connection is evident in the filing.
Page 1 — STATE OF CALIFORNIA Office of the Secretary of State UCC FINANCING STATEMENT (UCC 1) California Secretary of State
QST-002
Question
Relationship Between Secured Parties
What is the legal and operational relationship between Atlantic Wave Holdings, LLC and Secure Community, LLC? Are they affiliated entities, or independent creditors with pari passu rights?
Page 1 — Secured Party Name Mailing Address Atlantic Wave Holdings, LLC 11 S. 12th Street Richmond, VA 23219 Secure Community, LLC 11 S. 12th Street Richmond, VA 23219
Stage 4
Interpretive — Inferences, Omissions, Patterns
5 nodes
INF-001
Inference
Comprehensive Asset Seizure Framework
The collateral description creates a comprehensive framework for secured parties to seize substantially all business assets, including after-acquired property, future R&D, and all subsidiaries, effectively giving secured parties control over the entire enterprise in the event of default
Page 1 — All of each Debtor's right, title and interest, whether now owned or hereafter acquired, in all of such Debtor's assets
INF-002
Inference
Military Technology Strategic Asset
The explicit enumeration of tactical military communications equipment and multiple Spectre transceiver series suggests these technologies represent strategic defense assets that secured parties seek to control or protect
Page 1 — tactical military communications equipment, HF communication and software solutions equipment, Spectre H series HF transceivers, Spectre M series multi-band SDR transceivers and Spectre V series VHF transceivers
INF-003
Inference
Personal Liability Structure
Including Mark D. Schmidt as individual debtor alongside the corporation, with identical addresses, suggests he has personally guaranteed corporate obligations or secured parties require personal recourse beyond corporate assets
Page 1 — Debtor Name Mailing Address Mark D. Schmidt 800 Park Offices Drive Suite 3209 Research Triangle Park, NC 27709 Cyberlux Corporation 800 Park Offices Drive Suite 3209 Research Triangle Park, NC 27709
OMI-001
Omission
No Underlying Transaction Description
The filing provides no information about the underlying transaction, debt amount, loan terms, or reason for the security interest, making it impossible to assess the commercial context or financial condition that prompted this filing
Page 1 — UCC FINANCING STATEMENT (UCC 1)
OMI-002
Omission
No Datron World Communications Details
While Datron World Communications, Inc. is explicitly included as a subsidiary within the collateral, no separate information about this entity's location, operations, or relationship to Cyberlux is provided
Page 1 — in the case of Debtor Cyberlux Corporation, all subsidiaries of such Debtor, including without limitation Datron World Communications, Inc.

Extracted text

2 pages · 3336 characters

Fn Awh Ucc1 California Schmidt Cyberlux 20231020 — Formatted Extract

Type: document
Filing Header

U230074215520

EUREKA E GREAT SEAL OF THE STATE ₹

CALIFORNIA

STATE OF CALIFORNIA Office of the Secretary of State UCC FINANCING STATEMENT (UCC 1) California Secretary of State 1500 11th Street Sacramento, California 95814 (916) 653-3516

For Office Use Only -FILED- File No .: U230074215520 Date Filed: 10/20/2023

Submitter Information:

Contact Name

Organization Name

Phone Number

Email Address Address

Eric M. Lemmer, Esq.

Arlington Law Group

(703)
842-3025

elemmer@arlingtonlawgroup.com

1739
CLARENDON BOULEVARD

ARLINGTON, VA 22209

Debtor Information:

Debtor Name

Mailing Address

Mark D. Schmidt

800
Park Offices Drive Suite 3209 Research Triangle Park, NC 27709

Cyberlux Corporation :unselected:

800
Park Offices Drive Suite 3209 Research Triangle Park, NC 27709

Secured Party Information:

Secured Party Name

Mailing Address

Atlantic Wave Holdings, LLC

11
S. 12th Street Richmond, VA 23219

Secure Community, LLC

11
S. 12th Street Richmond, VA 23219

Indicate how documentation of Collateral is provided:

Entered as Text

Description: All of each Debtor's right, title and interest, whether now owned or hereafter acquired, in all of such Debtor's assets, including without limitation (i) any and all inventory (including without limitation relating to tactical military communications equipment, HF communication and software solutions equipment, Spectre H series HF transceivers, Spectre M series multi-band SDR transceivers and Spectre V series VHF transceivers, as well as all research and development for future technology), equipment, accounts, chattel paper, contractual rights, instruments, letter-of-credit rights, letters of credit, documents, deposit accounts, money, intellectual property (including without limitation relating to tactical military communications equipment, HF communication and software solutions equipment, Spectre H series HF transceivers, Spectre M series multi-band SDR transceivers and Spectre V series VHF transceivers, as well as all research and development for future technology), general intangibles, accounts receivable and other rights to payment and performance, (ii) any and all furniture, fixtures, attachments, accessions, accessories, fittings, tools, parts, supplies and commingled goods relating to any of the foregoing property, (iii) any and all additions, replacements of and substitutions for all or any part of any of the foregoing property, (iv) any and all insurance proceeds relating to any of the foregoing property, (v) any and all goodwill relating to any of the foregoing property, and (vi) in the case of Debtor Cyberlux Corporation, all subsidiaries of such Debtor, including without limitation Datron World Communications, Inc.

Indicate if Collateral is held in a Trust or is being administered by a Decedent's Personal Representative: Not Applicable

Select an alternate Financing Statement type:

Not Applicable

Select an additional alternate Financing Statement type: Not Applicable

B2192-3038 10/20/2023 6:59 AM Received by California Secretary of State

Select an alternative Debtor/Secured Party designation for this Financing Statement: Not Applicable

Optional Filer Reference Information:

Miscellaneous Information:

Search to Reflect: :unselected: Order a Search to Reflect

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fn-awh-ucc1-california-schmidt-cyberlux-20231020.pdf
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a16cad0b723746b2df015b8228b9eddb58aeb9cd59adcc5cf15ff1b77ab8177a