Item 3. Legal Proceedings
Item 3. Legal Proceedings.
 
In July
2018 the Company was named as the defendant in a legal proceeding
brought by Tarpon Bay Partners LLC (the “Plaintiff”) in
the Judicial District Court of Danbury, Connecticut. Plaintiff
asserts that the Company failed to convert two convertible notes
held by Plaintiff. The Company is vigorously contesting this claim.
There are no other proceedings in which any of our directors,
officers or affiliates, or any registered or beneficial
stockholder, is an adverse party or has a material interest adverse
to our interest.
 
In
January 2021 the Company won a dismissal of an involuntary
bankruptcy petition that was filed against the Company in the
Southern District Court of Florida on December 30, 2020, which had
been brought by three parties, (i) Tarpon Bay Partners LLC, (ii)
J.P. Carey Enterprises Inc., and (iii) Anvil Financial Mgmt LLC
(collectively the "Petitioning Creditors").
 
The
Court ruled in the Company's favor, dismissing the involuntary
bankruptcy petition and allowing the Company to file a motion with
the Court seeking compensatory and punitive damages. In addition,
Visium plans to file an affidavit of fees and costs incurred in
connection with Visium's defense of the Involuntary
Petition.
 
In
March 2021 the Company filed a Complaint for Damages and Other
Relief against Tarpon Bay Partners, LLC, a Florida limited
liability company; J.P. Carey Enterprises, Inc., a Florida profit
corporation; Anvil Financial Management, LLC, a Florida limited
liability company; Stephen Hicks, an individual; Joseph C Canouse,
an individual; Jeffrey M. Canouse, an individual; Paul A. Rachmuth,
an individual; and Litt Law Group, LLC, a New York Limited
Liability Company (collectively the “Defendants”)
related to the involuntary bankruptcy petition. The Company is
seeking damages from the Defendants for reasonable attorneys’
fees and costs, as well as compensatory, consequential special and
punitive damages.
 
Item 4. Mine Safety Disclosures.
 
Not
applicable.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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.