Evidence Record

IP HII EDVA 00483 Doc. 0180 Exhibit 6

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...

Type
exhibit
Court
EDVA
Case
HII v. Cyberlux interpleader
Docket
3:25-cv-00483
Pages
1
Lines
121
SHA-256
269bda9583a1

DISTIL analysis

DISTIL Run
Profile
Standard
Version
1
Doc Type
UCC Financing Statement
Total Nodes
22
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 Eric Moran Lemmer (filing party) Commercial secured transactions, intellectual property, drone-related assets Filed 2023-07-06
litigation_exhibitcomprehensive_security_interestintellectual_property_collateralsubsidiary_inclusion
Analytical Frame
Legal security interest documentation in litigation context
Analytical Summary
This UCC-1 Financing Statement filed with the Texas Secretary of State on July 6, 2023, establishes Atlantic Wave Holdings, LLC as a secured party with comprehensive security interests in assets of two debtors: Mark D. Schmidt (individual) and Cyberlux Corporation (organizational). The collateral description is exceptionally broad, encompassing all present and future assets including drone-related inventory, equipment, intellectual property, accounts receivable, and notably, all subsidiaries of Cyberlux Corporation including Catalyst Machineworks, LLC. The filing was submitted by Eric Moran Lemmer and appears as Exhibit 6 in federal litigation case 3:25-cv-00483-JAG. The comprehensive nature of the security interest, combined with specific emphasis on drone-related assets and IP, suggests a significant commercial transaction or debt restructuring with far-reaching implications for the debtors' operational flexibility.
Key Points
  • Atlantic Wave Holdings, LLC holds secured party position over two debtors
  • Collateral includes all present and future assets with specific mention of drone-related inventory and intellectual property
  • Cyberlux Corporation's subsidiaries, including Catalyst Machineworks, LLC, are explicitly included in the security interest
  • Filing recorded in Texas on July 6, 2023, despite parties' addresses in North Carolina and Virginia
  • Document appears as litigation exhibit in federal case filed April 15, 2026
Stage 2
Core — Entities, Events, Claims
10 nodes
ENT-001
Entity
Atlantic Wave Holdings, LLC
Atlantic Wave Holdings, LLC, a limited liability company identified as the secured party in this UCC-1 Financing Statement. Address: 11 S. 12th Street, Richmond, VA 23219.
Page 1 — 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 23219 USA
ENT-002
Entity
Mark D. Schmidt
Mark D. Schmidt, individual debtor listed in UCC-1 Financing Statement. Address: 800 Park Offices Drive, 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 800 Park Offices Drive CITY Research Triangle Park STATE POSTAL CODE NC 27709 COUNTRY USA
ENT-003
Entity
Cyberlux Corporation
Cyberlux Corporation, organizational debtor with same address as Mark D. Schmidt. Address: 800 Park Offices Drive, 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 Research Triangle Park NC 27709 USA
ENT-004
Entity
Catalyst Machineworks, LLC
Catalyst Machineworks, LLC, identified as a subsidiary of Cyberlux Corporation and explicitly included in the collateral covered by the security interest.
Page 1 — in the case of Debtor Cyberlux Corporation, all subsidiaries of such Debtor, including without limitation Catalyst Machineworks, LLC.
ENT-005
Entity
Eric Moran Lemmer
Eric Moran Lemmer, identified as contact and acknowledgment recipient for the UCC filing submission. Address: 1739 Clarendon Blvd., Arlington, VA 22209-2741. Phone: 703-842-3025.
Page 1 — A. NAME & PHONE OF CONTACT AT SUBMITTER (optional) Eric Moran Lemmer 703-842-3025 3. E-MAIL CONTACT AT SUBMITTER (optional) C. SEND ACKNOWLEDGMENT TO: (Name and Address) Eric Moran Lemmer 1739 Clarendon Blvd. Arlington, VA 22209-2741 USA
EVT-001
Event
UCC-1 Filing with Texas Secretary of State
UCC Financing Statement filed with the Texas Secretary of State on July 6, 2023 at 09:49 AM. Filing Number: 23-0029383626. Document Number: 1264021710002.
Page 1 — FILING NUMBER: 23-0029383626 FILING DATE: 07/06/2023 09:49 AM DOCUMENT NUMBER: 1264021710002 FILED: Texas Secretary of State
EVT-002
Event
Litigation Filing as Exhibit
Document filed as Exhibit 6 in federal litigation case 3:25-cv-00483-JAG on April 15, 2026. Page 1 of 1, PageID# 3863.
Page 1 — Case 3:25-cv-00483-JAG Document 180-6 Filed 04/15/26 Page 1 of 1 PageID# 3863 EXHIBIT tabbies* 6
CLM-001
Claim
Comprehensive Security Interest in All Debtor Assets
Atlantic Wave Holdings, LLC claims security interest in all present and future assets of both debtors, including inventory, equipment, accounts, intellectual property, contractual rights, instruments, deposit accounts, money, accounts receivable, furniture, fixtures, and all related property rights.
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, 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-002
Claim
Security Interest in Drone-Related Assets
The security interest specifically includes drone-related inventory and intellectual property, with explicit mention in both the inventory and intellectual property categories of the collateral description.
Page 1 — 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)
CLM-003
Claim
Security Interest in Cyberlux Subsidiaries
The security interest explicitly extends to all subsidiaries of Cyberlux Corporation, with Catalyst Machineworks, LLC specifically named as an included subsidiary.
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
6 nodes
QUO-001
Quotation
Future-Acquired Property Clause
The collateral description includes explicit language covering both present and future assets: 'whether now owned or hereafter acquired'
Page 1 — All of each Debtor's right, title and interest, whether now owned or hereafter acquired, in all of such Debtor's assets
TEN-001
Tension
Texas Filing Jurisdiction vs. Party Locations
The financing statement was filed in Texas despite all parties having addresses in other states: secured party in Virginia, debtors in North Carolina, and filing contact in Virginia. No explanation provided for Texas jurisdiction selection.
Page 1 — FILED: Texas Secretary of State Atlantic Wave Holdings, LLC 11 S. 12th Street Richmond VA 23219 800 Park Offices Drive Research Triangle Park NC 27709 Eric Moran Lemmer 1739 Clarendon Blvd. Arlington, VA 22209-2741
TEN-002
Tension
Shared Address Between Individual and Corporate Debtor
Mark D. Schmidt (individual debtor) and Cyberlux Corporation (organizational debtor) share the identical mailing address at 800 Park Offices Drive, Research Triangle Park, NC 27709, suggesting potential corporate control or officer relationship.
Page 1 — 1b. INDIVIDUAL'S SURNAME Schmidt 1c. MAILING ADDRESS 800 Park Offices Drive CITY Research Triangle Park STATE POSTAL CODE NC 27709 2a. ORGANIZATION'S NAME Cyberlux Corporation 2c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 800 Park Offices Drive Research Triangle Park NC 27709
QST-001
Question
What transaction underlies this security interest?
The financing statement does not disclose the underlying transaction, loan amount, or business relationship that established Atlantic Wave Holdings' security interest in the debtors' assets.
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
QST-002
Question
What is Mark D. Schmidt's relationship to Cyberlux Corporation?
The document shows Mark D. Schmidt as an individual debtor with the same address as Cyberlux Corporation, but does not explicitly state his role (e.g., officer, director, guarantor, or other relationship) to the company.
Page 1 — 1b. INDIVIDUAL'S SURNAME Schmidt FIRST PERSONAL NAME Mark 1c. MAILING ADDRESS 800 Park Offices Drive 2a. ORGANIZATION'S NAME Cyberlux Corporation 2c. MAILING ADDRESS 800 Park Offices Drive
QST-003
Question
Why does this 2023 filing appear as a 2026 litigation exhibit?
The UCC-1 was filed July 6, 2023, but appears as Exhibit 6 in litigation case 3:25-cv-00483-JAG filed April 15, 2026. The nature of the litigation and relevance of this security interest filing are not disclosed.
Page 1 — FILING DATE: 07/06/2023 09:49 AM Case 3:25-cv-00483-JAG Document 180-6 Filed 04/15/26
Stage 4
Interpretive — Inferences, Omissions, Patterns
6 nodes
INF-001
Inference
Likely Personal Guarantee Scenario
The inclusion of Mark D. Schmidt as an individual debtor alongside Cyberlux Corporation, sharing the same address, suggests Schmidt likely provided a personal guarantee for corporate obligations, pledging his individual assets as additional security.
Page 1 — 1b. INDIVIDUAL'S SURNAME Schmidt 1c. MAILING ADDRESS 800 Park Offices Drive 2a. ORGANIZATION'S NAME Cyberlux Corporation 2c. MAILING ADDRESS 800 Park Offices Drive
INF-002
Inference
Drone Technology Business Focus
The repeated specific mention of drone-related inventory and intellectual property in a general collateral description suggests Cyberlux Corporation's primary business involves drone technology, manufacturing, or related services.
Page 1 — 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)
INF-003
Inference
Potential Financial Distress or Restructuring
The comprehensive blanket lien structure covering all present and future assets, including subsidiaries, combined with subsequent litigation involvement suggests possible financial distress, loan default, or debt restructuring scenario.
Page 1 — All of each Debtor's right, title and interest, whether now owned or hereafter acquired, in all of such Debtor's assets Case 3:25-cv-00483-JAG Document 180-6 Filed 04/15/26
INF-004
Inference
Texas Filing for Corporate Law Advantages
Filing in Texas despite no apparent party connection to the state may reflect strategic choice for favorable UCC law, creditor-friendly enforcement provisions, or connection to entity formation jurisdiction not apparent in addresses.
Page 1 — FILED: Texas Secretary of State Atlantic Wave Holdings, LLC 11 S. 12th Street Richmond VA 23219
OMI-001
Omission
No Disclosure of Secured Debt Amount
The financing statement does not disclose the principal amount of debt secured, interest rate, payment terms, or maturity date of the underlying obligation.
Page 1 — 4. COLLATERAL: This financing statement covers the following collateral: All of each Debtor's right, title and interest
OMI-002
Omission
No Description of Relationship Between Parties
The document does not describe the business relationship, transaction type, or circumstances that led to Atlantic Wave Holdings obtaining security interests in both individual and corporate 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

Extracted text

1 pages · 4133 characters

IP HII EDVA 00483 Doc. 0180 Exhibit 6 — Formatted Extract

Type: exhibit
Court: EDVA
Matter: HII v. Cyberlux interpleader
Docket: 3:25-cv-00483
Filing Header

FOLLOW INSTRUCTIONS

A. NAME & PHONE OF CONTACT AT SUBMITTER (optional)

Eric Moran Lemmer 703-842-3025

3.
E-MAIL CONTACT AT SUBMITTER (optional)

C. SEND ACKNOWLEDGMENT TO: (Name and Address)

Eric Moran Lemmer

1739
Clarendon Blvd.

Arlington, VA 22209-2741

USA

FILING NUMBER: 23-0029383626 FILING DATE: 07/06/2023 09:49 AM DOCUMENT NUMBER: 1264021710002

FILED: Texas Secretary of State

IMAGE GENERATED ELECTRONICALLY FOR WEB FILING 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)

1a. ORGANIZATION'S NAME

OR

1b. INDIVIDUAL'S SURNAME

Schmidt

FIRST PERSONAL NAME

Mark

ADDITIONAL NAME(S)/INITIAL(S)

SUFFIX

D.

1c. MAILING ADDRESS 800 Park Offices Drive

CITY

Research Triangle Park

STATE

POSTAL CODE

NC

COUNTRY

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

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

A

1.
OPTIONAL FILER REFERENCE DATA:

EXHIBIT

tabbies*

SEE BELOW FOR SECURED PARTY CONTACT INFORMATION

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File
ip-hii-edva-00483-doc-0180-exhibit-6.pdf
Source UID
source:269bda9583a168c4b7c4d95b15896dfa500f5c226c1f0e0e25fba6aab936f151
Full SHA-256
269bda9583a168c4b7c4d95b15896dfa500f5c226c1f0e0e25fba6aab936f151