Item 3. Legal Proceedings
Item 3. Legal Proceedings
The Company is engaged ongoing litigation with
FFS relating to a breach of contract in connection with the Acquired Merchant Portfolio whereby the Company is making a claim to recover
the purchase price of the Acquired Merchant Portfolio and FFS is claiming to be paid the full purchase price of the Acquired Merchant
Portfolio,. In addition, in connection with the litigation with FFS, the Company has also made a claim against Clear Fork Bank (the “Bank”),
the payment processing bank for the Acquired Merchant Portfolio, for damages the Company suffered as a result of it having to cease processing
transactions for the merchants underlying the Acquired Merchant Portfolio. The Bank has filed a counterclaim for fees incurred by it in
connection with the transactions processed since the acquisition of the Acquired Merchant Portfolio by the Company. However, the damages
claimed have been materially reduced over time due to account balancing which was not completed at the time of the counterclaim.
Other than discussed above, there are no
material claims, actions, suits, proceedings, or investigations that are currently pending or, to the Company’s knowledge, threatened
by or against the Company or respecting its operations or assets, or by or against any of the Company’s officers, directors, or
affiliates.
Item 4. Mine Safety Disclosures
Not applicable.
44
PART II.
Text extracted from the filing as submitted to EDGAR. Formatting, tables and exhibits are simplified for reading; the original document is authoritative for anything you rely on.