a) 2. CPA will not be liable for loss greater than 500 bitcoins.
b) 3. Multiple indemnification payments are allowed so far as the total amount does not exceed 500 bitcoins.
c) 1. BMF will send 5 bitcoins per calendar week for 110 weeks to CPA...
d) 4. Neither party may cancel this contract although any party may choose to
accelerate their obligation at any time.
All that has happened here is 10 bitcoins were transferred to CPA. Furthermore, this agreement is valid for 110 weeks (over 2 years). Where's the break? Where's the default? Your accusations over this contract are meaningless.
Look at c. look at d.
If BMF has only sent 10 bitcoins (which is in fact incorrect - it sent 20 right at the start) then BMF is in default.
"per calendar week for 110 weeks" has a meaning.
IF your argument is "Well yeah - CPA is on the hook, but BMF hasn't claimed and the 110 weeks aren't so over so there's no default" then you seriously have some issues.
In your role as manager of BMF you have a responsibility to act in BMF's interest. How is it in their interest not to claim when they're entitled to? Anyone who sold shares since a claim would have been valid has sold at a lower price than they should have, had you not decided that your conflict of interest would be addressed by acting in CPA's favour and putting your fingers in your ears every time you were asked about it.
It's plain and simple : By not claiming you defrauded your BMF shareholders. The fact you also run CPA in no way absolves you from doing what's right for BMF investors if it might happen to inconvenience CPA.
That's why your sort of intertwined mess of half-baked, failing companies should never be allowed to happen. And if you can't even SEE why it's wrong to act against against the best interests of BMF then you shouldn't be allowed to run anything.
How the fuck does it help BMF to pay 5 BTC per to CPA per week then not claim when they're entitled to? They already agreed to pay more in premiums than the amount covered - so the least that should happen is they get promptly paid when they're actually entitled to claim.
And as you wear both hats (CPA and BMF) you should be extra careful in making clear to ivnestors what is happening when the two entities interact. i,e, explain to them why you aren't claiming, or that you HAVE claimed - just never mentioned and have no deadline on when they'll get paid.
Or is the plan to say "well BMF missed its payments and defaulted - so there's not any cover any more"? That would be the most hilarious excuse ever - that you (deliberately) defaulted on yourself so as to screw one of your companies to help another stay afloat.
You totally and utterly fucked up on that contract. You MUST know you did.
I do, however, agree that technically CPA may not have defaulted. BMF definitely has (by not making the agreed payments). But the ONLY reason CPA hasn't defaulted (if it hasn't) is because YOU decided that BMF wouldn't claim (and we KNOW BMF hasn't claimed - do I need to quote you to prove it?) for no conceivable reason of benefit to BMF's shareholders. They were entitled to funds from CPA - you refused to claim those funds (or pretended you hadn't noticed - which in some ways is even worse).