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Posted On: 02/18/2022 2:05:14 AM
Post# of 148878
MarkS, did you see this article about Fife as an unregistered dealer and the SEC? Towards the end of the article it says -
Hamilton and Associates has assisted multiple issuers in disputes arising from convertible note lenders particularly the enforceability of their toxic funding contracts under 15 U.S.C. § 78cc(b) which states:
“ Every contract made in violation of any provision of this chapter or of any rule or regulation thereunder , and every contract (including any contract for listing a security on an exchange) heretofore or hereafter made, the performance of which involves the violation of, or the continuance of any relationship or practice in violation of, any provision of this chapter or any rule or regulation thereunder, shall be void ..."
"Without proper registration as a dealer, the Securities Act declares the convertible note agreements are void. (15 U.S.C. §78cc)."
https://www.securitieslawyer101.com/2020/sec-...ed-dealer/
Was it convertible notes that Cytodyn agreed to to get funding from Fife? I don't think the toxic provisions in the funding with Fife are enforceable by him.
Of course the money has to be paid back, maybe with less interest and fees?
Hamilton and Associates has assisted multiple issuers in disputes arising from convertible note lenders particularly the enforceability of their toxic funding contracts under 15 U.S.C. § 78cc(b) which states:
“ Every contract made in violation of any provision of this chapter or of any rule or regulation thereunder , and every contract (including any contract for listing a security on an exchange) heretofore or hereafter made, the performance of which involves the violation of, or the continuance of any relationship or practice in violation of, any provision of this chapter or any rule or regulation thereunder, shall be void ..."
"Without proper registration as a dealer, the Securities Act declares the convertible note agreements are void. (15 U.S.C. §78cc)."
https://www.securitieslawyer101.com/2020/sec-...ed-dealer/
Was it convertible notes that Cytodyn agreed to to get funding from Fife? I don't think the toxic provisions in the funding with Fife are enforceable by him.
Of course the money has to be paid back, maybe with less interest and fees?
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