kolla wrote: A settlement agreement where the parties cannot agree on what was settled, is pretty much void.
Contracts would be useless if disagreement was sufficient to void a contract.
And they often are. Which is why contracts are disputed, renegotiated and revised. In civilized parts of the world this happens all the time, and rarely do the courts have to be dragged into the process.
Loopeholes and vagueties are NOT supposed to be weaponized and exploited, they are supposed to be disclosed and presented to the signing parties for clarification so the contract can be revised.
Correction: all 3 Cloanto entities (Cloanto IT srl, Cloanto Corp and C-A Acquisition filed a lawsuit against Hyperion in Brussels Belgium in 2019, a case which dragged on for almost 1 year to force Hyperion into judicial liquidation and dissolution.
This is the equivalent in legal terms of nuking from orbit.
As a result, 2 Hyperion shareholders (i.e. Timothy De Groote and myself) were required to convert their liquid debts Hyperion had towards us into new (rather illiquid new shares) as part of a capital increase.
This "conversion" and resulting captal increase was carried out on the basis of a report by an independent chartered auditor who verified that these debts which were converted as part of this capital increase, were on a "cash basis" only by verifying all bankstatements over the course of years.
Amusing how this was spun into a story that outstanding legal fees were converted to new shares to prop up our net value when there are no legal fees invoiced by myself to Hyperion.
Only amounts actually paid as taxed cash advances by myself and Timothy (total was 398.960 EUR) by way of shareholders' cash advances to Hyperion, were converted into new shares after the independent auditor reviewed all bank statements of Hyperion and filed a report to this effect with the Court of Commerce.
Anybody in his right mind will understand that this would never have happened, converting taxed cash into illiquid shares, unless it was required to fend off the attempt by the Cloanto entities to nuke Hyperion out of existence.
All of this was quite prejudicial to the Hyperion shareholders.
Needless to say, this would however NOT have happened if it had not been for the Cloanto parties lawsuit to force Hyperion into liquidation.
Which obviously failed as the case was dismissed by the Court of Commerce in Belgium.
You will notice the amounts of 397.110 EUR for me as well as 1.860 EUR by Timothy which (again) were liquid cash debts (fully taxed) that had to be converted into illiquid shares.
Or in US Dollar: around 475.500 USD.
I will not comment on the ongoing lawsuit in Seattle but if even such fundamental issues as our capital increase in June of 2019 can be so distorted and twisted despite the public record if somebody actually bothered to do some perfunctory research, this should tell you something.