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Posted On: 02/20/2020 4:08:34 PM
Post# of 36541
So it looks like Joe is Confessing to the judgement to close the note. Maybe this is just the legal way to close it out earlier and not give them shares of converted stock. So Joe is agreeing and telling them he will pay it.
DISCOVER GROWTH FUND, LLC, a U.S. )
Virgin Islands limited liability company, )
)
Plaintiff, )
)
v. )
)
GENEREX BIOTECHNOLOGY )
CORPORATION, a Delaware corporation, )
and JOSEPH MOSCATO, an individual, )
)
Defendants. )
)
AFFIDAVIT BY DEFENDANT-OBLIGOR
FOR CONFESSION OF JUDGMENT
STATE OF FLORIDA :
: SS.:
COUNTY OF BROWARD :
JOSEPH MOSCATO, being duly sworn, deposes and says:
1. I am the President and Chief Executive Officer of Generex Biotechnology Corporation (“Generex”), a corporation organized and existing under the laws of the State of Delaware, and am indebted to Discover Growth Fund, LLC (“Discover”), a limited liability company organized and existing under the laws of the Territory of the United States Virgin Islands, as guarantor of the Promissory Note (“Note”) executed by Generex on December 9, 2019 in the initial principal amount of $2,200,000.00.
2. Judgment may be entered against me for the sum of $2,475,000.00, together with costs and attorney fees.
3. I hereby authorize entry of judgment in the Superior Court of the State of Delaware in and for New Castle County.
4. The contact with the State of Delaware in the transaction is that Generex is a Delaware corporation, that I am the President and Chief Executive Officer of said Delaware corporation, and am the guarantor of the Note issued by said Delaware corporation.
5. My mailing address and residence where I most likely would receive mail is .
______
Joseph Moscato
DISCOVER GROWTH FUND, LLC, a U.S. )
Virgin Islands limited liability company, )
)
Plaintiff, )
)
v. )
)
GENEREX BIOTECHNOLOGY )
CORPORATION, a Delaware corporation, )
and JOSEPH MOSCATO, an individual, )
)
Defendants. )
)
AFFIDAVIT BY DEFENDANT-OBLIGOR
FOR CONFESSION OF JUDGMENT
STATE OF FLORIDA :
: SS.:
COUNTY OF BROWARD :
JOSEPH MOSCATO, being duly sworn, deposes and says:
1. I am the President and Chief Executive Officer of Generex Biotechnology Corporation (“Generex”), a corporation organized and existing under the laws of the State of Delaware, and am indebted to Discover Growth Fund, LLC (“Discover”), a limited liability company organized and existing under the laws of the Territory of the United States Virgin Islands, as guarantor of the Promissory Note (“Note”) executed by Generex on December 9, 2019 in the initial principal amount of $2,200,000.00.
2. Judgment may be entered against me for the sum of $2,475,000.00, together with costs and attorney fees.
3. I hereby authorize entry of judgment in the Superior Court of the State of Delaware in and for New Castle County.
4. The contact with the State of Delaware in the transaction is that Generex is a Delaware corporation, that I am the President and Chief Executive Officer of said Delaware corporation, and am the guarantor of the Note issued by said Delaware corporation.
5. My mailing address and residence where I most likely would receive mail is .
______
Joseph Moscato
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Disclaimer: Of course, all of this is my opinion and you should not make any investment decisions based on my opinion. I have not received any non-public information.
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