Exhibit 2
1. Documents supporting or otherwise concerning your answer to the above interrogatory.
DISTIL analysis
- Legalist claims $13,204,742.88 total comprising principal, interest, fees, and legal costs
- Security interest created March 27, 2024 via Second Amended and Restated Government Purchase Order Financing Agreement
- UCC Statements filed April 1, 2024 in Nevada and North Carolina establishing perfection priority date
- Twelve separate advances totaling $10,033,639.75 made between April 2024 and June 2025
- June 2025 protective advance of $3,083,639.75 represents substantial late-stage financing
- Claim includes contractual rights to interest, commitment fees, forbearance fees, and attorney fees
- Legal fees claimed at $351,632.29 as of settlement conference with ongoing accrual
Extracted text
7 pages · 7585 charactersIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION
HII MISSION TECHNOLOGIES CORP.,
Interpleader Plaintiff,
V. CYBERLUX CORPORATION, et al.,
Interpleader Defendants/Claimants.
Civil Action No. 3:25-cv-483-JAG
Interpleader Defendant/Claimant Legalist SPV III, LP ("Legalist"), provides the following response to the pre-settlement interrogatory and requests for production providing in the Joint Discovery Plan (ECF No. 149).
Explain the nature of your claim to any of the proceeds that are the subject of this interpleader, including an explanation of: (a) the amount of the proceeds that you claim; (b) the legal basis for your right to the proceeds; (c) how the amount you claim became a liquidated amount or, if not liquidated, state so; (d) whether you claim a security interest in, lien on, or assignment of all or any portion of the proceeds and, if so, provide your claimed priority date and explain the basis for your security interest, lien, or assignment; (e) whether you claim a right to interest and, if so, the amount and basis for continuing accrual thereof, if any; (f) whether you claim a right to attorneys' fees and, if so, the basis therefore and the amount you will claim; and (g) for any creditor claiming a secured interest, identify the date(s) on which advances were made to Cyberlux or on its behalf for which any secured interest is claimed.
(a) the amount of the proceeds that you claim
Legalist claims $13,204,742.88, comprising of:
· $10,033,639.75 principal
· $2,653,970.84 unpaid interest
· $112,500.00 commitment fee
· $53,000.00 forbearance fee
· $312,959.79 paid legal fees and costs
· $38,672.50 unpaid legal fees and costs
On March 27, 2024, Legalist entered into a Second Amended and Restated Government Purchase Order Financing Agreement ("Financing Agreement") with Cyberlux, whereby Legalist provided a revolving line of credit in the amount of $7,000,000.00 secured by certain collateral, including accounts receivable. Legalist has advanced $6,950,000 of the principal amount identified above pursuant to the Financing Agreement. Legalist also advanced $3,083,639.75 pursuant to the financing agreement at Cyberlux's request in June 2025. The Financing Agreement also provides for Legalist's right to interest (paragraphs 9.1, 9.2, and 9.9(a)), commitment fees (paragraph 9.4), forbearance fees (paragraph 9.9(b)), and attorney fees and costs (paragraph 29). Pursuant to the Financing Agreement, on April 1, 2024, Legalist filed certain financing statements under the Uniform Commercial Code ("UCC Statements") in Nevada and North Carolina identifying and perfecting its lien on Cyberlux's assets, including its accounts receivable.
The full amount claimed is liquidated based on specific sums loaned to or advanced on behalf of Cyberlux pursuant to the Financing Agreement, plus accrued unpaid interest, fees, and attorneys' fees and costs.
Legalist has a perfected security interest in Cyberlux's assets and accounts receivable, including all of the subject proceeds. Legalist's secured interest was created on March 27, 2024,
by the Financing Agreement and perfected on April 1, 2024, when Legalist filed UCC Statements where Cyberlux is incorporated, Nevada, and where Cyberlux is headquartered, North Carolina. Va. Code Ann. §§ 8.9A-310, 8.9A-307(b); see also Nev. Rev. Stat. Ann. §§ 104.9310, 104.9307; N.C. Gen. Stat. §§ 25-9-310, 25-9-307.
Legalist claims interest on the full principle, pursuant to paragraphs 9.1, 9.2, and 9.9(a) of the Financing Agreement.
Legalist claims a right to attorney fees and costs, pursuant to paragraph 28 of the Financing Agreement. For the purposes of the upcoming settlement conference Legalist claims legal fees and costs of $351,632.29, although this amount will increase if this litigation continues beyond the settlement conference.
All advances Legalist has made to Cyberlux are secured by the UCC Statements with a priority date of April 1, 2024, when the UCC Statements were filed. Legalist made advances under the Financing Agreement on the following dates:
· 4/9/2024: $1,800,000.00
· 4/19/2024: $500,000.00
· 5/2/2024: $500,000.00
· 6/26/2024: $142,000.00
· 7/5/2024: $53,000.00
· 7/16/2024: $2,500,000.00
· 8/2/2024: $650,000.00
· 8/27/2024: $535,000.00
· 10/3/2024: $150,000.00
· 10/3/2024: $120,000.00
· 6/3/2025: $2,755,100.10
· 6/9/2025: $345,000.001
Requests for Production
Response:
See the documents produced at Bates Nos. LEGALIST_000001-20.
Response:
See the documents produced at Bates Nos. LEGALIST_000001-20.
Date: March 9, 2026
LEGALIST SPV III, LP By: PhM. ECula
Timothy G. Moore (VSB No. 41730) tmoore@spottsfain.com John M. Erbach (VSB No. 76695) jerbach@spottsfain.com Christopher W. Bascom (VSB No. 87302) cbascom@spottsfain.com Spotts Fain, P.C. 411 E. Franklin Street, Suite 600 Richmond, VA 23219 (804) 697-2065 (804) 697-2165 Fax
Jeff. P Prostok (admitted pro hac vice)
Jeff.Prostok@vhh.law Austin N. Priddy (admitted pro hac vice) austin.priddy@vhh.law Vartabedian Hester & Haynes LLP 301 Commerce Street, Suite 2200 Fort Worth, Texas 76102 Tel. (817) 214-4990 Fax (817) 214-4988
ATTORNEYS FOR LEGALIST SPV III, L.P.
CERTIFICATE OF SERVICE
I hereby certify that on March 9, 2026 a copy of Legalist SPV III, L.P.'s response to the pre-settlement interrogatory providing in the Joint Discovery Plan was served by email on all counsel of record in this case.
Ph M. ECul
Timothy G. Moore (VSB No. 41730) tmoore@spottsfain.com John M. Erbach (VSB No. 76695) jerbach@spottsfain.com Christopher W. Bascom (VSB No. 87302) cbascom@spottsfain.com Spotts Fain, P.C. 411 E. Franklin Street, Suite 600 Richmond, VA 23219 (804) 697-2065 (804) 697-2165 Fax
Original source file
- File
- ip-hii-edva-00483-doc-0183-exhibit-2.pdf
- Source UID
- source:2bdaafa17c9f059be350bed19c0affcbfa8039ab14575bca75475bdc86f716b8
- Full SHA-256
- 2bdaafa17c9f059be350bed19c0affcbfa8039ab14575bca75475bdc86f716b8