Civil Supersedeas Bond between Digital Lightwave, Inc. and Fidelity and Deposit Company of Maryland for Appeal in Joseph v. Digital Lightwave, Inc.

Contract Categories: Business Finance › Guaranty Agreements
Summary

Digital Lightwave, Inc. (the Principal) and Fidelity and Deposit Company of Maryland (the Surety) have issued a bond in favor of Seth P. Joseph for $4,766,274.60. This bond ensures that if Digital Lightwave, Inc. does not pay the full amount of a court judgment, including any allowed costs, interest, and attorneys' fees, after appealing the judgment, the Surety will cover the payment. The bond remains in effect until the judgment is satisfied or the appeal is resolved.

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EX-10.30 6 q1ex10_30.txt CIVIL SUPERSEDEAS BOND EXHIBIT 10.30 IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR THE STATE OF FLORIDA IN PINELLAS COUNTY CIVIL DIVISION DIGITAL LIGHTWAVE, INC., : Case No. 01-9101CI-21 a Delaware corporation, : : Petitioner, : : v. : : BOND # CGB ###-###-#### SETH P. JOSEPH, an : Individual, : : Respondent. : : CIVIL SUPERSEDEAS BOND We, DIGITAL LIGHTWAVE, INC., as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, as Surety, are held and firmly bound unto SETH P. JOSEPH, in the principal sum of FOUR MILLION SEVEN HUNDRED SIXTY-SIX THOUSAND TWO HUNDRED SEVENTY FOUR DOLLARS AND SIXTY CENTS ($4,766,274.60), for the payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. The condition of this obligation is: the above-named Principal has entered an appeal to the Second District Court of Appeal to review the judgment entered in the above case on March 26, 2002. NOW THEREFORE, if the Principal shall satisfy any money judgment contained in the judgment in full, including, if allowed by law, costs, interest, and attorneys' fees, and damages for delay in the event said appeal is dismissed or said judgment is affirmed, then this obligation shall be null and void; otherwise to remain in full force and effect. SIGNED on April 4, 2002 at Clearwater, Fl. Principal: DIGITAL LIGHTWAVE, INC. By: /s/ BRYAN J. ZWAN ----------------------- SIGNED on April 4th, 2002 at Clearwater, Florida. Surety: FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: /s/ JOHN F. PALMER ------------------------- John F. Palmer Attorney-in-Fact Florida Resident Agent Page 2 of 2