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DISTILLATES
What the source contains
Each card carries the governed distillate name from the database. Open the quoted anchor before relying on the interpretation.
quotationattribution
Schmidt acknowledges WeShield’s attributed demand-generation/support role in the prime/subcontract award chain.
Read the anchor · page 3
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-0B6EB735495A
11. Montague Capital Partners, LLC ("Montague") did not source the HII Subontract,
had no communications with HII regarding the HII Subcontract, and did not otherwise perform
services that resulted in Cyberlux securing the Subcontract with HII. Accordingly, Montague is
not entitled to payment of the alleged commissions claimed in its Complaint.
12. Another of Cyberlux's independent contractor consultants, Assure Global LLC
d/b/a WeShield ("WeShield") was responsible for generating the demand and providing the
supporting efforts that ultimately resulted in the prime contract between HII and FEDSIM and the
subsequent HII Subcontract and will receive a commission for that contract once the funds are
received by Cyberlux.
13. In early 2025, I determined that Denis Kalenja, the Managing Partner of Montague,
breached his consulting agreement by engaging in conduct detrimental to Cyberlux and its
business. Cyberlux therefore stopped making the separate quarterly consulting fee payments to
Montague.
14. Cyberlux has paid Montague in full for commissions or fees owed to Montague
under the 2019 Consulting Agreement and 2023 Amended and Restated Consulting Agreement.
Between November 1, 2021 and December 30, 2024, Cyberlux paid Montague a cumulative total
of $1,671,047.68.
I declare under penalty of perjury under the laws of North Carolina that the foregoing is
true and correct.
Executed on December 4, 2025.
Mark Schmidt
3
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-0B6EB735495A
STATE OF NORTH CAROLINA
DURHAM COUNTY
MONTAGUE CAPITAL PARTNERS, LLC,
Plaintiff,
V.
CYBERLUX CORPORATION,
Defendant.
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
25CV006375-310
DECLARATION IN OPPOSITION TO
PLAINTIFF'S MOTION FOR
SUMMARY JUDGMENT
I, Mark Schmidt, hereby make the following declaration:
1. I am a resident and citizen of the State of North Carolina and I am over the age of
eighteen ( 18) years and competent to make this affidavit.
2. I make this affidavit based on my own personal knowledge of the matters contained
herein unless they are made upon information and belief.
3. I am the President and Chief Executive Officer of Cyberlux Corporation.
4. Cyberlux engages multiple independent contractor consultants to identify and
source commercial contracts for Cyberlux. Cyberlux' s independent contractor consultants receive
a commission on commercial contracts, if any, actually sourced by that consultant. There are no
geographic-based exclusivity rights or restrictions which limit a Cyberlux consultant from
pursuing or successfully sourcing contracts in any region or country.
5. Beginning in 2022, multiple Cyberlux executives, consultants, and other affiliates
began seeking opportunities to sell certain Cyberlux tactical drones to the Ukrainian government.
In 2022, the Chief of the General Staff of the Armed Forces of Ukraine submitted a written order
to Cyberlux for 1,000 FlightEye KOA031831 Model-K drones. Various other agencies within the
Ukrainian government also expressed interest in acquiring Cyberlux drones in 2022.
1
Electronically Filed Date: 12/4/2025 4:09 PM Durham Superior Court County Clerk of Superior Court GM
claimallegation
Despite the filename, this is Mark Schmidt’s declaration opposing Montague’s summary-judgment motion in Durham25CV006375-310, executed/filed
Despite the filename, this is Mark Schmidt’s declaration opposing Montague’s summary-judgment motion in Durham25CV006375-310, executed/filedDecember4,2025, with DocuSign signature and envelope843E9840-2DD0-4364-B36F-0B6EB735495A. It asserts personal knowledge except information/belief matters; page4 is blank except envelope/page number.
Read the anchor · page 1
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-0B6EB735495A
STATE OF NORTH CAROLINA
DURHAM COUNTY
MONTAGUE CAPITAL PARTNERS, LLC,
Plaintiff,
V.
CYBERLUX CORPORATION,
Defendant.
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
25CV006375-310
DECLARATION IN OPPOSITION TO
PLAINTIFF'S MOTION FOR
SUMMARY JUDGMENT
I, Mark Schmidt, hereby make the following declaration:
1. I am a resident and citizen of the State of North Carolina and I am over the age of
eighteen ( 18) years and competent to make this affidavit.
2. I make this affidavit based on my own personal knowledge of the matters contained
herein unless they are made upon information and belief.
3. I am the President and Chief Executive Officer of Cyberlux Corporation.
4. Cyberlux engages multiple independent contractor consultants to identify and
source commercial contracts for Cyberlux. Cyberlux' s independent contractor consultants receive
a commission on commercial contracts, if any, actually sourced by that consultant. There are no
geographic-based exclusivity rights or restrictions which limit a Cyberlux consultant from
pursuing or successfully sourcing contracts in any region or country.
5. Beginning in 2022, multiple Cyberlux executives, consultants, and other affiliates
began seeking opportunities to sell certain Cyberlux tactical drones to the Ukrainian government.
In 2022, the Chief of the General Staff of the Armed Forces of Ukraine submitted a written order
to Cyberlux for 1,000 FlightEye KOA031831 Model-K drones. Various other agencies within the
Ukrainian government also expressed interest in acquiring Cyberlux drones in 2022.
1
Electronically Filed Date: 12/4/2025 4:09 PM Durham Superior Court County Clerk of Superior Court GM
claimallegation
Schmidt describes himself as Cyberlux president/CEO and asserts multiple consultants receive commissions only for contracts they actually so
Schmidt describes himself as Cyberlux president/CEO and asserts multiple consultants receive commissions only for contracts they actually source, without geographic exclusivity. He says multiple executives/consultants/affiliates sought Ukraine sales in2022 and Ukraine’s Chief of General Staff issued a written request/order for1,000 FlightEye KOA031831 Model-K drones.
Read the anchor · page 1
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-0B6EB735495A
STATE OF NORTH CAROLINA
DURHAM COUNTY
MONTAGUE CAPITAL PARTNERS, LLC,
Plaintiff,
V.
CYBERLUX CORPORATION,
Defendant.
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
25CV006375-310
DECLARATION IN OPPOSITION TO
PLAINTIFF'S MOTION FOR
SUMMARY JUDGMENT
I, Mark Schmidt, hereby make the following declaration:
1. I am a resident and citizen of the State of North Carolina and I am over the age of
eighteen ( 18) years and competent to make this affidavit.
2. I make this affidavit based on my own personal knowledge of the matters contained
herein unless they are made upon information and belief.
3. I am the President and Chief Executive Officer of Cyberlux Corporation.
4. Cyberlux engages multiple independent contractor consultants to identify and
source commercial contracts for Cyberlux. Cyberlux' s independent contractor consultants receive
a commission on commercial contracts, if any, actually sourced by that consultant. There are no
geographic-based exclusivity rights or restrictions which limit a Cyberlux consultant from
pursuing or successfully sourcing contracts in any region or country.
5. Beginning in 2022, multiple Cyberlux executives, consultants, and other affiliates
began seeking opportunities to sell certain Cyberlux tactical drones to the Ukrainian government.
In 2022, the Chief of the General Staff of the Armed Forces of Ukraine submitted a written order
to Cyberlux for 1,000 FlightEye KOA031831 Model-K drones. Various other agencies within the
Ukrainian government also expressed interest in acquiring Cyberlux drones in 2022.
1
Electronically Filed Date: 12/4/2025 4:09 PM Durham Superior Court County Clerk of Superior Court GM
claimallegation
Schmidt asserts that Model-K order was never consummated, no such orders were sold/shipped/delivered, Cyberlux never sold drones/products/se
Schmidt asserts that Model-K order was never consummated, no such orders were sold/shipped/delivered, Cyberlux never sold drones/products/services to Ukrainian government and preJanuary2023 requests produced no commercial contract. These are his declarations; no original Ukrainian request, shipment ledger or procurement history accompanies them.
Read the anchor · page 2
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-0B6EB735495A
6. The order received from the Ukrainian government for FlightEye KOA031831
Model-K drones was never consummated. Cyberlux never sold, shipped, or delivered any orders
for FlightEye KOA031831 Model-K drones. Cyberlux never sold drones or related products or
services to the Ukranian government. None of the orders or requests to provide drones received
from the Ukrainian government prior to January, 2023 ultimately resulted in a commercial
contract.
7. In March, 2023, Cyberlux responded to Customer Request for Quote# 03102023,
issued by HII Defense & Federal Solutions, Inc. ("HII") by issuing a transmittal letter proposal for
the sale of drones. On June 24, 2023, Cyberlux revised and reissued its transmittal letter proposal
which included pricing for the sale of Cyberlux Model-K8-1 and Model-K8-2 drones to HII ("June
24, 2023 Proposal").
8. On August 29, 2023 Cyberlux and HII entered Subcontract No. P000043846 (the
"HII Subcontract"), under the Prime Contract No. GS00Q14OADU109 between HII and the
Federal Systems Integration and Management Center ("FEDSIM"). The HII Subcontract
memorialized the June 24, 2023 Proposal quoted pricing and drone quantities for delivery FOB
Origin to the United States' Dover Air Force Base.
9. The HII Subcontract contained no language requiring Cyberlux to travel to nor to
perform its obligations specifically for the benefit of the Ukraine.
10. As the Prime Contract was between HII and Federal Systems Integration and
Management Center ("FEDSIM"), the United States government had sole control over whether
any drones would go to Ukraine or to any other non-domestic location. Upon information and
belief, fewer than 400 of the drones purchased by HII were subsequently sent to the Ukraine.
2
claimallegation
He distinguishes HII RFQ03102023 response inMarch2023, revised June24 proposal for Model-K8-1/K8-2, and August29 subcontractP000043846 under
He distinguishes HII RFQ03102023 response inMarch2023, revised June24 proposal for Model-K8-1/K8-2, and August29 subcontractP000043846 underGS00Q14OADU109, with DoverFOBOrigin delivery. He says no contractual requirement to travel to or perform specifically for Ukraine and asserts US controlled onward destination. Fewer than400 later sent to Ukraine is expressly information and belief, not personal observation.
Read the anchor · page 2
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-0B6EB735495A
6. The order received from the Ukrainian government for FlightEye KOA031831
Model-K drones was never consummated. Cyberlux never sold, shipped, or delivered any orders
for FlightEye KOA031831 Model-K drones. Cyberlux never sold drones or related products or
services to the Ukranian government. None of the orders or requests to provide drones received
from the Ukrainian government prior to January, 2023 ultimately resulted in a commercial
contract.
7. In March, 2023, Cyberlux responded to Customer Request for Quote# 03102023,
issued by HII Defense & Federal Solutions, Inc. ("HII") by issuing a transmittal letter proposal for
the sale of drones. On June 24, 2023, Cyberlux revised and reissued its transmittal letter proposal
which included pricing for the sale of Cyberlux Model-K8-1 and Model-K8-2 drones to HII ("June
24, 2023 Proposal").
8. On August 29, 2023 Cyberlux and HII entered Subcontract No. P000043846 (the
"HII Subcontract"), under the Prime Contract No. GS00Q14OADU109 between HII and the
Federal Systems Integration and Management Center ("FEDSIM"). The HII Subcontract
memorialized the June 24, 2023 Proposal quoted pricing and drone quantities for delivery FOB
Origin to the United States' Dover Air Force Base.
9. The HII Subcontract contained no language requiring Cyberlux to travel to nor to
perform its obligations specifically for the benefit of the Ukraine.
10. As the Prime Contract was between HII and Federal Systems Integration and
Management Center ("FEDSIM"), the United States government had sole control over whether
any drones would go to Ukraine or to any other non-domestic location. Upon information and
belief, fewer than 400 of the drones purchased by HII were subsequently sent to the Ukraine.
2
claimallegation
Schmidt denies Montague sourced the HII subcontract, communicated with HII about it or performed services resulting in award, and concludes
Schmidt denies Montague sourced the HII subcontract, communicated with HII about it or performed services resulting in award, and concludes Montague is not owed the claimed commission. This is an interested declarant’s causation/entitlement position, not a court finding.
Read the anchor · page 3
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-0B6EB735495A
11. Montague Capital Partners, LLC ("Montague") did not source the HII Subontract,
had no communications with HII regarding the HII Subcontract, and did not otherwise perform
services that resulted in Cyberlux securing the Subcontract with HII. Accordingly, Montague is
not entitled to payment of the alleged commissions claimed in its Complaint.
12. Another of Cyberlux's independent contractor consultants, Assure Global LLC
d/b/a WeShield ("WeShield") was responsible for generating the demand and providing the
supporting efforts that ultimately resulted in the prime contract between HII and FEDSIM and the
subsequent HII Subcontract and will receive a commission for that contract once the funds are
received by Cyberlux.
13. In early 2025, I determined that Denis Kalenja, the Managing Partner of Montague,
breached his consulting agreement by engaging in conduct detrimental to Cyberlux and its
business. Cyberlux therefore stopped making the separate quarterly consulting fee payments to
Montague.
14. Cyberlux has paid Montague in full for commissions or fees owed to Montague
under the 2019 Consulting Agreement and 2023 Amended and Restated Consulting Agreement.
Between November 1, 2021 and December 30, 2024, Cyberlux paid Montague a cumulative total
of $1,671,047.68.
I declare under penalty of perjury under the laws of North Carolina that the foregoing is
true and correct.
Executed on December 4, 2025.
Mark Schmidt
3
claimallegation
Paragraph12 instead credits Assure Global LLC d/b/aWeShield with generating demand/support resulting in HII–FEDSIM prime and subcontract, an
Paragraph12 instead credits Assure Global LLC d/b/aWeShield with generating demand/support resulting in HII–FEDSIM prime and subcontract, and says it will receive a commission once Cyberlux receives funds. No commission rate, amount, underlying contract, HII approval or actual payment is supplied.
Read the anchor · page 3
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-0B6EB735495A
11. Montague Capital Partners, LLC ("Montague") did not source the HII Subontract,
had no communications with HII regarding the HII Subcontract, and did not otherwise perform
services that resulted in Cyberlux securing the Subcontract with HII. Accordingly, Montague is
not entitled to payment of the alleged commissions claimed in its Complaint.
12. Another of Cyberlux's independent contractor consultants, Assure Global LLC
d/b/a WeShield ("WeShield") was responsible for generating the demand and providing the
supporting efforts that ultimately resulted in the prime contract between HII and FEDSIM and the
subsequent HII Subcontract and will receive a commission for that contract once the funds are
received by Cyberlux.
13. In early 2025, I determined that Denis Kalenja, the Managing Partner of Montague,
breached his consulting agreement by engaging in conduct detrimental to Cyberlux and its
business. Cyberlux therefore stopped making the separate quarterly consulting fee payments to
Montague.
14. Cyberlux has paid Montague in full for commissions or fees owed to Montague
under the 2019 Consulting Agreement and 2023 Amended and Restated Consulting Agreement.
Between November 1, 2021 and December 30, 2024, Cyberlux paid Montague a cumulative total
of $1,671,047.68.
I declare under penalty of perjury under the laws of North Carolina that the foregoing is
true and correct.
Executed on December 4, 2025.
Mark Schmidt
3
claimallegation
Schmidt says he determined in early2025 that Montague managing partner Denis Kalenja breached the consultancy through detrimental conduct, s
Schmidt says he determined in early2025 that Montague managing partner Denis Kalenja breached the consultancy through detrimental conduct, so Cyberlux stopped separate quarterly consulting payments. He nevertheless asserts all commissions/fees owed under2019/2023 agreements paid in full, totalling$1,671,047.68 betweenNovember1,2021 andDecember30,2024. No payment schedule or breach specifics are appended.
Read the anchor · page 3
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-0B6EB735495A
11. Montague Capital Partners, LLC ("Montague") did not source the HII Subontract,
had no communications with HII regarding the HII Subcontract, and did not otherwise perform
services that resulted in Cyberlux securing the Subcontract with HII. Accordingly, Montague is
not entitled to payment of the alleged commissions claimed in its Complaint.
12. Another of Cyberlux's independent contractor consultants, Assure Global LLC
d/b/a WeShield ("WeShield") was responsible for generating the demand and providing the
supporting efforts that ultimately resulted in the prime contract between HII and FEDSIM and the
subsequent HII Subcontract and will receive a commission for that contract once the funds are
received by Cyberlux.
13. In early 2025, I determined that Denis Kalenja, the Managing Partner of Montague,
breached his consulting agreement by engaging in conduct detrimental to Cyberlux and its
business. Cyberlux therefore stopped making the separate quarterly consulting fee payments to
Montague.
14. Cyberlux has paid Montague in full for commissions or fees owed to Montague
under the 2019 Consulting Agreement and 2023 Amended and Restated Consulting Agreement.
Between November 1, 2021 and December 30, 2024, Cyberlux paid Montague a cumulative total
of $1,671,047.68.
I declare under penalty of perjury under the laws of North Carolina that the foregoing is
true and correct.
Executed on December 4, 2025.
Mark Schmidt
3
otherattribution
Schmidt states WeShield will receive a commission once Cyberlux receives contract funds.
Read the anchor · page 3
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-0B6EB735495A
11. Montague Capital Partners, LLC ("Montague") did not source the HII Subontract,
had no communications with HII regarding the HII Subcontract, and did not otherwise perform
services that resulted in Cyberlux securing the Subcontract with HII. Accordingly, Montague is
not entitled to payment of the alleged commissions claimed in its Complaint.
12. Another of Cyberlux's independent contractor consultants, Assure Global LLC
d/b/a WeShield ("WeShield") was responsible for generating the demand and providing the
supporting efforts that ultimately resulted in the prime contract between HII and FEDSIM and the
subsequent HII Subcontract and will receive a commission for that contract once the funds are
received by Cyberlux.
13. In early 2025, I determined that Denis Kalenja, the Managing Partner of Montague,
breached his consulting agreement by engaging in conduct detrimental to Cyberlux and its
business. Cyberlux therefore stopped making the separate quarterly consulting fee payments to
Montague.
14. Cyberlux has paid Montague in full for commissions or fees owed to Montague
under the 2019 Consulting Agreement and 2023 Amended and Restated Consulting Agreement.
Between November 1, 2021 and December 30, 2024, Cyberlux paid Montague a cumulative total
of $1,671,047.68.
I declare under penalty of perjury under the laws of North Carolina that the foregoing is
true and correct.
Executed on December 4, 2025.
Mark Schmidt
3
entityobservation
Mark Schmidt
Read the anchor · page 1
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-0B6EB735495A
STATE OF NORTH CAROLINA
DURHAM COUNTY
MONTAGUE CAPITAL PARTNERS, LLC,
Plaintiff,
V.
CYBERLUX CORPORATION,
Defendant.
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
25CV006375-310
DECLARATION IN OPPOSITION TO
PLAINTIFF'S MOTION FOR
SUMMARY JUDGMENT
I, Mark Schmidt, hereby make the following declaration:
1. I am a resident and citizen of the State of North Carolina and I am over the age of
eighteen ( 18) years and competent to make this affidavit.
2. I make this affidavit based on my own personal knowledge of the matters contained
herein unless they are made upon information and belief.
3. I am the President and Chief Executive Officer of Cyberlux Corporation.
4. Cyberlux engages multiple independent contractor consultants to identify and
source commercial contracts for Cyberlux. Cyberlux' s independent contractor consultants receive
a commission on commercial contracts, if any, actually sourced by that consultant. There are no
geographic-based exclusivity rights or restrictions which limit a Cyberlux consultant from
pursuing or successfully sourcing contracts in any region or country.
5. Beginning in 2022, multiple Cyberlux executives, consultants, and other affiliates
began seeking opportunities to sell certain Cyberlux tactical drones to the Ukrainian government.
In 2022, the Chief of the General Staff of the Armed Forces of Ukraine submitted a written order
to Cyberlux for 1,000 FlightEye KOA031831 Model-K drones. Various other agencies within the
Ukrainian government also expressed interest in acquiring Cyberlux drones in 2022.
1
Electronically Filed Date: 12/4/2025 4:09 PM Durham Superior Court County Clerk of Superior Court GM
entityobservation
Cyberlux Corporation
Read the anchor · page 1
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-0B6EB735495A
STATE OF NORTH CAROLINA
DURHAM COUNTY
MONTAGUE CAPITAL PARTNERS, LLC,
Plaintiff,
V.
CYBERLUX CORPORATION,
Defendant.
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
25CV006375-310
DECLARATION IN OPPOSITION TO
PLAINTIFF'S MOTION FOR
SUMMARY JUDGMENT
I, Mark Schmidt, hereby make the following declaration:
1. I am a resident and citizen of the State of North Carolina and I am over the age of
eighteen ( 18) years and competent to make this affidavit.
2. I make this affidavit based on my own personal knowledge of the matters contained
herein unless they are made upon information and belief.
3. I am the President and Chief Executive Officer of Cyberlux Corporation.
4. Cyberlux engages multiple independent contractor consultants to identify and
source commercial contracts for Cyberlux. Cyberlux' s independent contractor consultants receive
a commission on commercial contracts, if any, actually sourced by that consultant. There are no
geographic-based exclusivity rights or restrictions which limit a Cyberlux consultant from
pursuing or successfully sourcing contracts in any region or country.
5. Beginning in 2022, multiple Cyberlux executives, consultants, and other affiliates
began seeking opportunities to sell certain Cyberlux tactical drones to the Ukrainian government.
In 2022, the Chief of the General Staff of the Armed Forces of Ukraine submitted a written order
to Cyberlux for 1,000 FlightEye KOA031831 Model-K drones. Various other agencies within the
Ukrainian government also expressed interest in acquiring Cyberlux drones in 2022.
1
Electronically Filed Date: 12/4/2025 4:09 PM Durham Superior Court County Clerk of Superior Court GM
entityobservation
Montague Capital Partners, LLC
Read the anchor · page 3
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-0B6EB735495A
11. Montague Capital Partners, LLC ("Montague") did not source the HII Subontract,
had no communications with HII regarding the HII Subcontract, and did not otherwise perform
services that resulted in Cyberlux securing the Subcontract with HII. Accordingly, Montague is
not entitled to payment of the alleged commissions claimed in its Complaint.
12. Another of Cyberlux's independent contractor consultants, Assure Global LLC
d/b/a WeShield ("WeShield") was responsible for generating the demand and providing the
supporting efforts that ultimately resulted in the prime contract between HII and FEDSIM and the
subsequent HII Subcontract and will receive a commission for that contract once the funds are
received by Cyberlux.
13. In early 2025, I determined that Denis Kalenja, the Managing Partner of Montague,
breached his consulting agreement by engaging in conduct detrimental to Cyberlux and its
business. Cyberlux therefore stopped making the separate quarterly consulting fee payments to
Montague.
14. Cyberlux has paid Montague in full for commissions or fees owed to Montague
under the 2019 Consulting Agreement and 2023 Amended and Restated Consulting Agreement.
Between November 1, 2021 and December 30, 2024, Cyberlux paid Montague a cumulative total
of $1,671,047.68.
I declare under penalty of perjury under the laws of North Carolina that the foregoing is
true and correct.
Executed on December 4, 2025.
Mark Schmidt
3
entityobservation
Assure Global LLC
Read the anchor · page 3
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-0B6EB735495A
11. Montague Capital Partners, LLC ("Montague") did not source the HII Subontract,
had no communications with HII regarding the HII Subcontract, and did not otherwise perform
services that resulted in Cyberlux securing the Subcontract with HII. Accordingly, Montague is
not entitled to payment of the alleged commissions claimed in its Complaint.
12. Another of Cyberlux's independent contractor consultants, Assure Global LLC
d/b/a WeShield ("WeShield") was responsible for generating the demand and providing the
supporting efforts that ultimately resulted in the prime contract between HII and FEDSIM and the
subsequent HII Subcontract and will receive a commission for that contract once the funds are
received by Cyberlux.
13. In early 2025, I determined that Denis Kalenja, the Managing Partner of Montague,
breached his consulting agreement by engaging in conduct detrimental to Cyberlux and its
business. Cyberlux therefore stopped making the separate quarterly consulting fee payments to
Montague.
14. Cyberlux has paid Montague in full for commissions or fees owed to Montague
under the 2019 Consulting Agreement and 2023 Amended and Restated Consulting Agreement.
Between November 1, 2021 and December 30, 2024, Cyberlux paid Montague a cumulative total
of $1,671,047.68.
I declare under penalty of perjury under the laws of North Carolina that the foregoing is
true and correct.
Executed on December 4, 2025.
Mark Schmidt
3
entityobservation
Denis Kalenja
Read the anchor · page 3
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-0B6EB735495A
11. Montague Capital Partners, LLC ("Montague") did not source the HII Subontract,
had no communications with HII regarding the HII Subcontract, and did not otherwise perform
services that resulted in Cyberlux securing the Subcontract with HII. Accordingly, Montague is
not entitled to payment of the alleged commissions claimed in its Complaint.
12. Another of Cyberlux's independent contractor consultants, Assure Global LLC
d/b/a WeShield ("WeShield") was responsible for generating the demand and providing the
supporting efforts that ultimately resulted in the prime contract between HII and FEDSIM and the
subsequent HII Subcontract and will receive a commission for that contract once the funds are
received by Cyberlux.
13. In early 2025, I determined that Denis Kalenja, the Managing Partner of Montague,
breached his consulting agreement by engaging in conduct detrimental to Cyberlux and its
business. Cyberlux therefore stopped making the separate quarterly consulting fee payments to
Montague.
14. Cyberlux has paid Montague in full for commissions or fees owed to Montague
under the 2019 Consulting Agreement and 2023 Amended and Restated Consulting Agreement.
Between November 1, 2021 and December 30, 2024, Cyberlux paid Montague a cumulative total
of $1,671,047.68.
I declare under penalty of perjury under the laws of North Carolina that the foregoing is
true and correct.
Executed on December 4, 2025.
Mark Schmidt
3
entityobservation
HII Defense & Federal Solutions, Inc.
Read the anchor · page 2
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-0B6EB735495A
6. The order received from the Ukrainian government for FlightEye KOA031831
Model-K drones was never consummated. Cyberlux never sold, shipped, or delivered any orders
for FlightEye KOA031831 Model-K drones. Cyberlux never sold drones or related products or
services to the Ukranian government. None of the orders or requests to provide drones received
from the Ukrainian government prior to January, 2023 ultimately resulted in a commercial
contract.
7. In March, 2023, Cyberlux responded to Customer Request for Quote# 03102023,
issued by HII Defense & Federal Solutions, Inc. ("HII") by issuing a transmittal letter proposal for
the sale of drones. On June 24, 2023, Cyberlux revised and reissued its transmittal letter proposal
which included pricing for the sale of Cyberlux Model-K8-1 and Model-K8-2 drones to HII ("June
24, 2023 Proposal").
8. On August 29, 2023 Cyberlux and HII entered Subcontract No. P000043846 (the
"HII Subcontract"), under the Prime Contract No. GS00Q14OADU109 between HII and the
Federal Systems Integration and Management Center ("FEDSIM"). The HII Subcontract
memorialized the June 24, 2023 Proposal quoted pricing and drone quantities for delivery FOB
Origin to the United States' Dover Air Force Base.
9. The HII Subcontract contained no language requiring Cyberlux to travel to nor to
perform its obligations specifically for the benefit of the Ukraine.
10. As the Prime Contract was between HII and Federal Systems Integration and
Management Center ("FEDSIM"), the United States government had sole control over whether
any drones would go to Ukraine or to any other non-domestic location. Upon information and
belief, fewer than 400 of the drones purchased by HII were subsequently sent to the Ukraine.
2
eventattribution
Visible signature and filing stamp.
Read the anchor · page 1
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-0B6EB735495A
STATE OF NORTH CAROLINA
DURHAM COUNTY
MONTAGUE CAPITAL PARTNERS, LLC,
Plaintiff,
V.
CYBERLUX CORPORATION,
Defendant.
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
25CV006375-310
DECLARATION IN OPPOSITION TO
PLAINTIFF'S MOTION FOR
SUMMARY JUDGMENT
I, Mark Schmidt, hereby make the following declaration:
1. I am a resident and citizen of the State of North Carolina and I am over the age of
eighteen ( 18) years and competent to make this affidavit.
2. I make this affidavit based on my own personal knowledge of the matters contained
herein unless they are made upon information and belief.
3. I am the President and Chief Executive Officer of Cyberlux Corporation.
4. Cyberlux engages multiple independent contractor consultants to identify and
source commercial contracts for Cyberlux. Cyberlux' s independent contractor consultants receive
a commission on commercial contracts, if any, actually sourced by that consultant. There are no
geographic-based exclusivity rights or restrictions which limit a Cyberlux consultant from
pursuing or successfully sourcing contracts in any region or country.
5. Beginning in 2022, multiple Cyberlux executives, consultants, and other affiliates
began seeking opportunities to sell certain Cyberlux tactical drones to the Ukrainian government.
In 2022, the Chief of the General Staff of the Armed Forces of Ukraine submitted a written order
to Cyberlux for 1,000 FlightEye KOA031831 Model-K drones. Various other agencies within the
Ukrainian government also expressed interest in acquiring Cyberlux drones in 2022.
1
Electronically Filed Date: 12/4/2025 4:09 PM Durham Superior Court County Clerk of Superior Court GM
inferenceinference
Schmidt separates direct Ukraine sales from the later HII transaction while positively attributing demand generation and conditional commiss
Schmidt separates direct Ukraine sales from the later HII transaction while positively attributing demand generation and conditional commission to WeShield; that distinction leaves the causal documentary chain and contractual authorisation to be tested.
otherattribution
Complete supplied 4-page source reviewed at SHA-256 01cab3e98d0b20379733789946b2d302621afd7125b29dce45f13693aad9ec66. Source assertions, ori
Complete supplied 4-page source reviewed at SHA-256 01cab3e98d0b20379733789946b2d302621afd7125b29dce45f13693aad9ec66. Source assertions, original visual features, filing/communication context and identified missing attachments are retained. Own complete native and visual reading of all four pages, including signed paragraph12, knowledge qualifications and blank final page. Filename corrected only in descriptive title; exact source bytes/hash remain intact.
Read the anchor · page 1
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-0B6EB735495A
STATE OF NORTH CAROLINA
DURHAM COUNTY
MONTAGUE CAPITAL PARTNERS, LLC,
Plaintiff,
V.
CYBERLUX CORPORATION,
Defendant.
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
25CV006375-310
DECLARATION IN OPPOSITION TO
PLAINTIFF'S MOTION FOR
SUMMARY JUDGMENT
I, Mark Schmidt, hereby make the following declaration:
1. I am a resident and citizen of the State of North Carolina and I am over the age of
eighteen ( 18) years and competent to make this affidavit.
2. I make this affidavit based on my own personal knowledge of the matters contained
herein unless they are made upon information and belief.
3. I am the President and Chief Executive Officer of Cyberlux Corporation.
4. Cyberlux engages multiple independent contractor consultants to identify and
source commercial contracts for Cyberlux. Cyberlux' s independent contractor consultants receive
a commission on commercial contracts, if any, actually sourced by that consultant. There are no
geographic-based exclusivity rights or restrictions which limit a Cyberlux consultant from
pursuing or successfully sourcing contracts in any region or country.
5. Beginning in 2022, multiple Cyberlux executives, consultants, and other affiliates
began seeking opportunities to sell certain Cyberlux tactical drones to the Ukrainian government.
In 2022, the Chief of the General Staff of the Armed Forces of Ukraine submitted a written order
to Cyberlux for 1,000 FlightEye KOA031831 Model-K drones. Various other agencies within the
Ukrainian government also expressed interest in acquiring Cyberlux drones in 2022.
1
Electronically Filed Date: 12/4/2025 4:09 PM Durham Superior Court County Clerk of Superior Court GM
questionquestion
Which contemporaneous communications and consultant agreements establish Montague versus WeShield contributions, commission terms and requir
Which contemporaneous communications and consultant agreements establish Montague versus WeShield contributions, commission terms and required buyer authorisations?
questionquestion
What source supports the expressly information-and-belief fewer-than400 figure, and how do original request/model identifiers connect to HII
What source supports the expressly information-and-belief fewer-than400 figure, and how do original request/model identifiers connect to HII proposals and end-user records?
questionquestion
How does the payment ledger reconcile full payment asserted through2024 with quarterly fee cessation and the claimed2025 breach?
distillateallegation
CONNECT
Reviewed relationships
The canvas follows the database: source to DISTIL record, DISTIL record to knowledge object, then reviewed relationship. Position alone means nothing.
Schmidt asserts that Model-K order was never consummated, no such orders were sold/shipped/delivered, Cyberlux never sold drones/products/services to Ukrainian government and preJanuary2023 requests produced no commercial contract. These are his declarations; no original Ukrainian request, shipment ledger or procurement history accompanies them.supportsWhat source supports the expressly information-and-belief fewer-than400 figure, and how do original request/model identifiers connect to HII proposals and end-user records?
Specifically named source propositions support the bounded distinction or question.
Schmidt says he determined in early2025 that Montague managing partner Denis Kalenja breached the consultancy through detrimental conduct, so Cyberlux stopped separate quarterly consulting payments. He nevertheless asserts all commissions/fees owed under2019/2023 agreements paid in full, totalling$1,671,047.68 betweenNovember1,2021 andDecember30,2024. No payment schedule or breach specifics are appended.supportsHow does the payment ledger reconcile full payment asserted through2024 with quarterly fee cessation and the claimed2025 breach?
Specifically named source propositions support the bounded distinction or question.
He distinguishes HII RFQ03102023 response inMarch2023, revised June24 proposal for Model-K8-1/K8-2, and August29 subcontractP000043846 underGS00Q14OADU109, with DoverFOBOrigin delivery. He says no contractual requirement to travel to or perform specifically for Ukraine and asserts US controlled onward destination. Fewer than400 later sent to Ukraine is expressly information and belief, not personal observation.supportsSchmidt separates direct Ukraine sales from the later HII transaction while positively attributing demand generation and conditional commission to WeShield; that distinction leaves the causal documentary chain and contractual authorisation to be tested.
Specifically named source propositions support the bounded distinction or question.
He distinguishes HII RFQ03102023 response inMarch2023, revised June24 proposal for Model-K8-1/K8-2, and August29 subcontractP000043846 underGS00Q14OADU109, with DoverFOBOrigin delivery. He says no contractual requirement to travel to or perform specifically for Ukraine and asserts US controlled onward destination. Fewer than400 later sent to Ukraine is expressly information and belief, not personal observation.supportsWhat source supports the expressly information-and-belief fewer-than400 figure, and how do original request/model identifiers connect to HII proposals and end-user records?
Specifically named source propositions support the bounded distinction or question.
Schmidt asserts that Model-K order was never consummated, no such orders were sold/shipped/delivered, Cyberlux never sold drones/products/services to Ukrainian government and preJanuary2023 requests produced no commercial contract. These are his declarations; no original Ukrainian request, shipment ledger or procurement history accompanies them.supportsSchmidt separates direct Ukraine sales from the later HII transaction while positively attributing demand generation and conditional commission to WeShield; that distinction leaves the causal documentary chain and contractual authorisation to be tested.
Specifically named source propositions support the bounded distinction or question.
Schmidt describes himself as Cyberlux president/CEO and asserts multiple consultants receive commissions only for contracts they actually source, without geographic exclusivity. He says multiple executives/consultants/affiliates sought Ukraine sales in2022 and Ukraine’s Chief of General Staff issued a written request/order for1,000 FlightEye KOA031831 Model-K drones.supportsWhat source supports the expressly information-and-belief fewer-than400 figure, and how do original request/model identifiers connect to HII proposals and end-user records?
Specifically named source propositions support the bounded distinction or question.
Paragraph12 instead credits Assure Global LLC d/b/aWeShield with generating demand/support resulting in HII–FEDSIM prime and subcontract, and says it will receive a commission once Cyberlux receives funds. No commission rate, amount, underlying contract, HII approval or actual payment is supplied.supportsDoes Schmidt deny all intermediary involvement in the HII award?
Specifically named source propositions support the bounded distinction or question.
Paragraph12 instead credits Assure Global LLC d/b/aWeShield with generating demand/support resulting in HII–FEDSIM prime and subcontract, and says it will receive a commission once Cyberlux receives funds. No commission rate, amount, underlying contract, HII approval or actual payment is supplied.supportsWhich contemporaneous communications and consultant agreements establish Montague versus WeShield contributions, commission terms and required buyer authorisations?
Specifically named source propositions support the bounded distinction or question.
Schmidt denies Montague sourced the HII subcontract, communicated with HII about it or performed services resulting in award, and concludes Montague is not owed the claimed commission. This is an interested declarant’s causation/entitlement position, not a court finding.supportsWhich contemporaneous communications and consultant agreements establish Montague versus WeShield contributions, commission terms and required buyer authorisations?
Specifically named source propositions support the bounded distinction or question.
Schmidt denies Montague sourced the HII subcontract, communicated with HII about it or performed services resulting in award, and concludes Montague is not owed the claimed commission. This is an interested declarant’s causation/entitlement position, not a court finding.supportsDoes Schmidt deny all intermediary involvement in the HII award?
Specifically named source propositions support the bounded distinction or question.
Schmidt denies Montague sourced the HII subcontract, communicated with HII about it or performed services resulting in award, and concludes Montague is not owed the claimed commission. This is an interested declarant’s causation/entitlement position, not a court finding.supportsSchmidt separates direct Ukraine sales from the later HII transaction while positively attributing demand generation and conditional commission to WeShield; that distinction leaves the causal documentary chain and contractual authorisation to be tested.
Specifically named source propositions support the bounded distinction or question.
Paragraph12 instead credits Assure Global LLC d/b/aWeShield with generating demand/support resulting in HII–FEDSIM prime and subcontract, and says it will receive a commission once Cyberlux receives funds. No commission rate, amount, underlying contract, HII approval or actual payment is supplied.supportsSchmidt separates direct Ukraine sales from the later HII transaction while positively attributing demand generation and conditional commission to WeShield; that distinction leaves the causal documentary chain and contractual authorisation to be tested.
Specifically named source propositions support the bounded distinction or question.
Schmidt describes himself as Cyberlux president/CEO and asserts multiple consultants receive commissions only for contracts they actually source, without geographic exclusivity. He says multiple executives/consultants/affiliates sought Ukraine sales in2022 and Ukraine’s Chief of General Staff issued a written request/order for1,000 FlightEye KOA031831 Model-K drones.supportsSchmidt separates direct Ukraine sales from the later HII transaction while positively attributing demand generation and conditional commission to WeShield; that distinction leaves the causal documentary chain and contractual authorisation to be tested.
Specifically named source propositions support the bounded distinction or question.
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