Evidence Record
IP HII EDVA 00483 Doc. 0180 Exhibit 5
1. DEBTOR'S NAME: Provide only one Debtor name (1a or 1b) (use exact, full name; do not omit, modify, or abbreviate any part of the Debtor's name); if any part of the Individual Debtor's...
DISTIL analysis
DISTIL Run
Profile
Standard
Version
1
Doc Type
UCC Financing Statement (Form UCC1)
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 Financing Statement (Form UCC1) Arlington Law Group filing on behalf of Atlantic Wave Holdings, LLC Secured transactions, commercial lending, intellectual property and asset security Filed 7/6/2023
all_assets_security_interestintellectual_property_includedsubsidiary_inclusionlitigation_exhibit
Analytical Frame
Legal evidence of security interest in debtor assets including drone-related intellectual property and subsidiary entities
Analytical Summary
This UCC-1 Financing Statement filed July 6, 2023 in North Carolina establishes Atlantic Wave Holdings, LLC as a secured party with a comprehensive security interest in all assets of two debtors: Mark D. Schmidt (individual) and Cyberlux Corporation. The collateral description is notably expansive, explicitly covering drone-related inventory and intellectual property, plus all subsidiaries of Cyberlux Corporation including specifically named Catalyst Machineworks, LLC. The filing creates a perfected security interest in essentially all present and future assets of both debtors. This document appears as Exhibit 5 in federal litigation (Case 3:25-cv-00483-JAG), suggesting the security interest may be at issue in the underlying dispute.
Key Points
- Atlantic Wave Holdings, LLC secured comprehensive security interest in all assets of Mark D. Schmidt and Cyberlux Corporation
- Collateral explicitly includes drone-related inventory and intellectual property
- Security interest extends to Cyberlux subsidiary Catalyst Machineworks, LLC
- Filed in North Carolina on July 6, 2023 via Arlington Law Group
- Document produced as litigation exhibit in federal case 3:25-cv-00483-JAG
Stage 2
Core — Entities, Events, Claims
10 nodes
ENT-001
Entity
Atlantic Wave Holdings, LLC
Atlantic Wave Holdings, LLC - secured party/creditor with security interest in debtor assets
Page 1 — 3. SECURED PARTY'S NAME (or NAME of ASSIGNEE of ASSIGNOR SECURED PARTY): Provide only one Secured Party name (3a or 3b)
3a. ORGANIZATION'S NAME
Atlantic Wave Holdings, LLC
ENT-002
Entity
Mark D. Schmidt
Mark D. Schmidt - individual debtor with address at 800 Park Offices Drive, Suite 3209, Research Triangle Park, NC 27709
Page 1 — 1b. INDIVIDUAL'S SURNAME
Schmidt
FIRST PERSONAL NAME
Mark
ADDITIONAL NAME(S)/INITIAL(S)
SUFFIX
D.
1c. MAILING ADDRESS
CITY
STATE
POSTAL CODE
COUNTRY
800 Park Offices Drive, Suite 3209
Research Triangle Park
NC
27709
USA
ENT-003
Entity
Cyberlux Corporation
Cyberlux Corporation - organizational debtor with address at 800 Park Offices Drive, Suite 3209, Research Triangle Park, NC 27709
Page 1 — 2a. ORGANIZATION'S NAME
Cyberlux Corporation
OR
2b. INDIVIDUAL'S SURNAME
FIRST PERSONAL NAME
ADDITIONAL NAME(S)/INITIAL(S)
SUFFIX
2c. MAILING ADDRESS
CITY
STATE
POSTAL CODE
COUNTRY
800 Park Offices Drive, Suite 3209
Research Triangle Park
NC
27709
USA
ENT-004
Entity
Catalyst Machineworks, LLC
Catalyst Machineworks, LLC - subsidiary of Cyberlux Corporation explicitly included in collateral
Page 1 — (vi) in the case of Debtor Cyberlux Corporation, all subsidiaries of
such Debtor, including without limitation Catalyst Machineworks, LLC.
ENT-005
Entity
Arlington Law Group
Arlington Law Group - law firm filing the UCC-1 statement on behalf of Atlantic Wave Holdings, LLC, located at 1739 Clarendon Boulevard, Arlington, VA 22209
Page 1 — A. NAME & PHONE OF CONTACT AT FILER (optional)
Arlington Law Group
B. E-MAIL CONTACT AT FILER (optional)
elemmer@arlingtonlawgroup.com
C. SEND ACKNOWLEDGMENT TO: (Name and Address)
Arlington Law Group
1739 Clarendon Boulevard
Arlington, VA 22209
EVT-001
Event
UCC-1 Financing Statement Filing
Filing of UCC-1 Financing Statement in North Carolina on July 6, 2023 at 9:24:00 AM, establishing security interest for Atlantic Wave Holdings, LLC in assets of Mark D. Schmidt and Cyberlux Corporation
Page 1 — File Number: 20230084472C
Date Filed: 7/6/2023 9:24:00 AM
Elaine F. Marshall
NC Secretary of State
UCC FINANCING STATEMENT
EVT-002
Event
Production as Litigation Exhibit
Document produced as Exhibit 5 in federal court case 3:25-cv-00483-JAG, filed April 15, 2026
Page 1 — Case 3:25-cv-00483-JAG
Document 180-5 Filed 04/15/26
Page 1 of 1 PageID# 3862
tabbies*
EXHIBIT
5
CLM-001
Claim
Comprehensive Security Interest
Atlantic Wave Holdings, LLC claims security interest in all of each debtor's right, title and interest in all assets, whether now owned or hereafter acquired
Page 1 — 4. COLLATERAL: This financing statement covers the following collateral:
All of each Debtor's right, title and interest, whether now owned or hereafter acquired, in all of
such Debtor's assets
CLM-002
Claim
Drone-Related Intellectual Property Security
Security interest explicitly includes intellectual property relating to drones and drone-related inventory
Page 1 — including without limitation (i) any and all inventory (including without
limitation relating to drones), 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 drones), general intangibles,
accounts receivable and other rights to payment and performance
CLM-003
Claim
Subsidiary Inclusion in Collateral
Security interest extends to all subsidiaries of Cyberlux Corporation, with Catalyst Machineworks, LLC specifically named
Page 1 — (vi) in the case of Debtor Cyberlux Corporation, all subsidiaries of
such Debtor, including without limitation Catalyst Machineworks, LLC.
Stage 3
In Situ — Quotations, Tells, Tensions, Questions
4 nodes
TEN-001
Tension
Shared Address Between Debtors
Both individual debtor Mark D. Schmidt and corporate debtor Cyberlux Corporation share the identical mailing address, suggesting potential control relationship or operational overlap
Page 1 — 1c. MAILING ADDRESS
CITY
STATE
POSTAL CODE
COUNTRY
800 Park Offices Drive, Suite 3209
Research Triangle Park
NC
27709
USA
2. DEBTOR'S NAME: Provide only one Debtor name (2a or 2b) (use exact, full name; do not omit, modify, or abbreviate any part of the Debtor's name); if any part of the Individual Debtor's
name will not fit in line 2b, leave all of item 2 blank, check here
and provide the Individual Debtor information in item 10 of the Financing Statement Addendum (Form UCC1Ad)
2a. ORGANIZATION'S NAME
Cyberlux Corporation
OR
2b. INDIVIDUAL'S SURNAME
FIRST PERSONAL NAME
ADDITIONAL NAME(S)/INITIAL(S)
SUFFIX
2c. MAILING ADDRESS
CITY
STATE
POSTAL CODE
COUNTRY
800 Park Offices Drive, Suite 3209
Research Triangle Park
NC
27709
USA
QST-001
Question
Schmidt's Role in Cyberlux
What is Mark D. Schmidt's relationship to Cyberlux Corporation? The shared address and his naming as individual debtor alongside the corporation suggests ownership or control, but this is not explicitly stated in the filing.
Page 1 — 1b. INDIVIDUAL'S SURNAME
Schmidt
FIRST PERSONAL NAME
Mark
ADDITIONAL NAME(S)/INITIAL(S)
SUFFIX
D.
1c. MAILING ADDRESS
CITY
STATE
POSTAL CODE
COUNTRY
800 Park Offices Drive, Suite 3209
Research Triangle Park
NC
27709
USA
2a. ORGANIZATION'S NAME
Cyberlux Corporation
2c. MAILING ADDRESS
CITY
STATE
POSTAL CODE
COUNTRY
800 Park Offices Drive, Suite 3209
Research Triangle Park
NC
27709
USA
QST-002
Question
Nature of Underlying Transaction
What financial transaction or obligation underlies this security interest? The UCC-1 form establishes the security interest but does not disclose the loan amount, terms, or triggering transaction.
Page 1 — UCC FINANCING STATEMENT
FOLLOW INSTRUCTIONS
3. SECURED PARTY'S NAME (or NAME of ASSIGNEE of ASSIGNOR SECURED PARTY): Provide only one Secured Party name (3a or 3b)
3a. ORGANIZATION'S NAME
Atlantic Wave Holdings, LLC
4. COLLATERAL: This financing statement covers the following collateral:
All of each Debtor's right, title and interest, whether now owned or hereafter acquired, in all of
such Debtor's assets
QST-003
Question
Litigation Context
What is the relationship between this July 2023 UCC-1 filing and the federal litigation where it appears as an exhibit nearly three years later? Is the security interest disputed, or is it being enforced?
Page 1 — Case 3:25-cv-00483-JAG
Document 180-5 Filed 04/15/26
Page 1 of 1 PageID# 3862
File Number: 20230084472C
Date Filed: 7/6/2023 9:24:00 AM
Stage 4
Interpretive — Inferences, Omissions, Patterns
5 nodes
INF-001
Inference
Blanket Lien Structure
The collateral description constitutes a blanket lien covering virtually all assets with no apparent carve-outs, suggesting either a distressed lending scenario or a comprehensive refinancing
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 drones), 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 drones), 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
INF-002
Inference
Drone Technology as Core Asset
The explicit dual mention of drone-related assets (inventory and intellectual property) in an otherwise standardized UCC form suggests drone technology represents significant collateral value and likely core business operations
Page 1 — including without limitation (i) any and all inventory (including without
limitation relating to drones), 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 drones), general intangibles
INF-003
Inference
Personal Guarantee Structure
The inclusion of individual Mark D. Schmidt alongside corporate entity Cyberlux Corporation as co-debtors suggests personal guarantee or cross-collateralization, indicating heightened creditor risk assessment
Page 1 — 1. DEBTOR'S NAME: Provide only one Debtor name (1a or 1b) (use exact, full name; do not omit, modify, or abbreviate any part of the Debtor's name); if any part of the Individual Debtor's
name will not fit in line 1b, leave all of item 1 blank, check here
and provide the Individual Debtor information in item 10 of the Financing Statement Addendum (Form UCC1Ad)
OR
1a. ORGANIZATION'S NAME
1b. INDIVIDUAL'S SURNAME
Schmidt
FIRST PERSONAL NAME
Mark
ADDITIONAL NAME(S)/INITIAL(S)
SUFFIX
D.
2. DEBTOR'S NAME: Provide only one Debtor name (2a or 2b) (use exact, full name; do not omit, modify, or abbreviate any part of the Debtor's name); if any part of the Individual Debtor's
name will not fit in line 2b, leave all of item 2 blank, check here
and provide the Individual Debtor information in item 10 of the Financing Statement Addendum (Form UCC1Ad)
2a. ORGANIZATION'S NAME
Cyberlux Corporation
OMI-001
Omission
No Loan Amount or Terms Disclosed
The UCC-1 filing does not disclose the amount of debt secured, repayment terms, interest rate, or maturity date. This is standard for UCC filings but limits understanding of the financial exposure.
Page 1 — UCC FINANCING STATEMENT
FOLLOW INSTRUCTIONS
3. SECURED PARTY'S NAME (or NAME of ASSIGNEE of ASSIGNOR SECURED PARTY): Provide only one Secured Party name (3a or 3b)
3a. ORGANIZATION'S NAME
Atlantic Wave Holdings, LLC
4. COLLATERAL: This financing statement covers the following collateral:
OMI-002
Omission
No Prior Security Interests Disclosed
The filing does not indicate whether prior security interests exist or whether this represents first-priority lien. The absence of subordination language suggests first position but this is not explicit.
Page 1 — 4. COLLATERAL: This financing statement covers the following collateral:
All of each Debtor's right, title and interest, whether now owned or hereafter acquired, in all of
such Debtor's assets
Extracted text
1 pages · 4175 charactersFiling Header
Document 180-5 Filed 04/15/26
Page 1 of 1 PageID# 3862
File Number: 20230084472C
Date Filed: 7/6/2023 9:24:00 AM Elaine F. Marshall NC Secretary of State
UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS
A. NAME & PHONE OF CONTACT AT FILER (optional) Arlington Law Group
B. E-MAIL CONTACT AT FILER (optional) elemmer@arlingtonlawgroup.com
C. SEND ACKNOWLEDGMENT TO: (Name and Address)
Arlington Law Group
1739
Clarendon Boulevard
Arlington, VA 22209
tabbies*
EXHIBIT 5
THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY
1.
DEBTOR'S NAME: Provide only one Debtor name (1a or 1b) (use exact, full name; do not omit, modify, or abbreviate any part of the Debtor's name); if any part of the Individual Debtor's name will not fit in line 1b, leave all of item 1 blank, check here :unselected: and provide the Individual Debtor information in item 10 of the Financing Statement Addendum (Form UCC1Ad)
OR
1a. ORGANIZATION'S NAME
1b. INDIVIDUAL'S SURNAME Schmidt
FIRST PERSONAL NAME Mark
ADDITIONAL NAME(S)/INITIAL(S)
SUFFIX
D.
1c. MAILING ADDRESS
CITY
STATE
POSTAL CODE
COUNTRY
800
Park Offices Drive, Suite 3209
Research Triangle Park
NC
USA
2.
DEBTOR'S NAME: Provide only one Debtor name (2a or 2b) (use exact, full name; do not omit, modify, or abbreviate any part of the Debtor's name); if any part of the Individual Debtor's name will not fit in line 2b, leave all of item 2 blank, check here :unselected: and provide the Individual Debtor information in item 10 of the Financing Statement Addendum (Form UCC1Ad)
2a. ORGANIZATION'S NAME Cyberlux Corporation
OR 2b. INDIVIDUAL'S SURNAME
FIRST PERSONAL NAME
ADDITIONAL NAME(S)/INITIAL(S)
SUFFIX
2c. MAILING ADDRESS
CITY
STATE
POSTAL CODE
COUNTRY
800
Park Offices Drive, Suite 3209
Research Triangle Park
NC
USA
3.
SECURED PARTY'S NAME (or NAME of ASSIGNEE of ASSIGNOR SECURED PARTY): Provide only one Secured Party name (3a or 3b)
3a. ORGANIZATION'S NAME Atlantic Wave Holdings, LLC
OR
3b. INDIVIDUAL'S SURNAME
FIRST PERSONAL NAME
ADDITIONAL NAME(S)/INITIAL(S)
SUFFIX
3c. MAILING ADDRESS
CITY
STATE
POSTAL CODE
COUNTRY
11
S. 12th Street
Richmond
VA
USA
4.
COLLATERAL: This financing statement covers the following collateral:
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 drones), 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 drones), 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 Catalyst Machineworks, LLC.
5.
Check only if applicable and check only one box: Collateral is :unselected: held in a Trust (see UCC1Ad, item 17 and Instructions) :unselected: being administered by a Decedent's Personal Representative
6a. Check only if applicable and check only one box: :unselected: Public-Finance Transaction :unselected: Manufactured-Home Transaction :unselected: A Debtor is a Transmitting Utility :unselected: Agricultural Lien :unselected: Non-UCC Filing
6b. Check only if applicable and check only one box:
7.
ALTERNATIVE DESIGNATION (if applicable): :unselected: Lessee/Lessor :unselected: Consignee/Consignor :unselected: Seller/Buyer :unselected: Bailee/Bailor :unselected: Licensee/Licensor
8.
OPTIONAL FILER REFERENCE DATA:
Original source file
No source file is attached yet. The record is ready for the PDF/media link when the attachment importer is connected.
- File
- ip-hii-edva-00483-doc-0180-exhibit-5.pdf
- Source UID
- source:c8a6636b4766b655033b2ba42f5e9bb5a43bc32b082855fc4d8190962fad2ea3
- Full SHA-256
- c8a6636b4766b655033b2ba42f5e9bb5a43bc32b082855fc4d8190962fad2ea3