18 unchanged sentences
amount of a loss related to such matters.
−Removed: Arena Litigation
−Removed: On May 30, 2024, Arena Investors
−Removed: LP (“Arena”), in its capacity as collateral agent for five noteholders, filed a filed a Complaint (the “Complaint”)
−Removed: in the Supreme Court of the State of New York, County of New York against the Company and ROI, in an action captioned Arena Investors
−Removed: Ault Alliance, Inc.
−Removed: and RiskOn International, Inc.
−Removed: The Complaint asserts a cause
−Removed: of action for breach of contract against the Company based on a Guaranty, dated April 27, 2023, and entered into, amongst others, the
−Removed: Company and Arena, and seeks damages in and amount in excess of $3,750,000, plus interest, attorneys’ fees, costs, expenses, and
−Removed: disbursements.
−Removed: The Complaint also asserts
−Removed: a cause of action for breach of contract against ROI based on an alleged breach of that certain Security Agreement, dated April 27, 2023,
−Removed: and entered into among ROI and Arena.
−Removed: In connection with this cause of action, Arena seeks, among other things, costs and expenses from
−Removed: the Company and ROI.
−Removed: On July 31, 2024, the Company
−Removed: and ROI filed a motion to dismiss (the “Motion”) seeking to partially dismiss the Complaint, as against the Company, and to
−Removed: dismiss the Compliant, in its entirety, as against ROI.
−Removed: On or about January 21, 2025,
−Removed: the Court entered an Order denying the part of the Motion which sought partial dismissal of the Complaint, as against Company, and granting
−Removed: the part of the Motion which sought dismissal of the Complaint, in its entirety, as against ROI.
−Removed: On February 18, 2025, the
−Removed: Company filed an Answer to the Complaint and asserted numerous affirmative defenses.
−Removed: On or about July 29, 2025,
−Removed: the Court entered an Order (the “Consolidation and Dismissal Order”) consolidating this action with that certain action captioned
−Removed: Arena Investors, LP v.
−Removed: Ault III and Kristine Ault , Index No.
−Removed: 655857/2024, pending in the Supreme Court of the State of
−Removed: New York, County of New York (the “Second Filed Action”).
−Removed: In the Consolidation and Dismissal Order, the Court also dismissed
−Removed: Arena’s claims in the Second Filed Action, which arise from an alleged failure to pay a redemption premium as set forth in that
−Removed: certain Event of Default Redemption Notice, dated November 5, 2024, that Arena transmitted to, among others, the Company.
−Removed: On or about September 11,
−Removed: 2025, Arena filed a notice of appeal in connection with the Consolidation and Dismissal Order.
−Removed: On or about September 17,
−Removed: 2025, Arena formally commenced such appeal (the “Appeal”).
−Removed: On or about October 3, 2025,
−Removed: the Company and Arena executed various settlement documents.
−Removed: All deadlines in the action
−Removed: are currently stayed through March 16, 2026, by which date the Company anticipates that a withdrawal of the Appeal and a stipulation of
−Removed: discontinuance, with prejudice, of the action, will both be filed.
Other Litigation Matters
11 unchanged sentences
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.