EFTA01020570.pdf

From: Richard Kahn • To: "Jeffrey E." <[email protected]> Subject: Fwd: Authorization for Release of Funds Date: Wed, 13 Sep 2017 19:20:19 +0000 Richard Kahn HBRK Associates Inc. 575 Lexington Avenue 4th Floor New York, NY 10022 tel fa cell Begin forwarded message: From: "Jeffrey E." <[email protected]> Subject: Re: Authorization for Release of Funds Date: February 10, 2016 at 1:14:56 PM EST To: Richard Kahn < have him send it in writing On Wed, Feb 10, 2016 at 2:12 PM, Richard Kahn < wrote: today i spoke with Andrew Lindsay from Jawbone who confirmed that the 125,000,000 was in their accounts and is unrestricted so they have free use of that money please advise if ok for darren to proceed with series 8 does and release of our 1,250,000 thank you Richard Kahn HBRK Associates Inc. 575 Lexington Avenue 4th Floor New York NY 10022 tel cel Begin forwarded message: From: "Guernsey. Kenneth" < > Subject: RE: Authorization for Release of Funds EFTA01020570 Date: January 25, 2016 at 5:54:06 PM EST To: Richard Kahn < Cc: Andrew Lindsa < >, "Busch, Amanda" <I >, "Mo, Carolyn" < Hi Rich, Here is a full set of the Series 8 documents through the most recent closing, which was the third closing in December 2015. I have also enclosed a copy of the disbursement authorization we will need from Mort in connection with the fourth closing. Please confirm that we should use the mailing address in our records for this transaction or provide an updated address. The address in our records is: 6100 Red Hook Quarter, 8-3 St. Thomas, USVI Virgin Islands 00802 Finally, although the Series 8 SPA does not require an updated Schedule of Exceptions for subsequent closings, in light of the amount of time that has passed since the initial closing, I am attaching an updated copy of the Schedule of Exceptions from the December 2015 closing of the Series 9 Preferred Stock, the representations and warranties for which are essentially identical to those in the Series 8 SPA. Please let me know if you have any questions or need anything else. Thanks. Kenn Guernsey Kenneth L. Guernsey I O: F: Cooley LLP 1101 California Street. 5th Floor I San Francisco. CA 94111-5800 USA I From: Andrew Lindsay [mailto:I Sent: Monday, January 25, 2016 2:06 PM To: Richard Kahn Cc: Guernsey, Kenneth Subject: Authorization for Release of Funds EFTA01020571  Hi Rich, I hope you're well. I'm writing to give you a heads-up that Kenn Guernsey from Cooley will be reaching out to you regarding the authorization to release the funds from Mort for the Series 8. As we discussed previously, the funds have not been released to the company yet. Kenn will also be including the Series 8 documents in his e-mail. Attached is the latest pro forma cap table and liquidation preference for your review. Please let me know if you would like to discuss. All the best, Andrew This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. My unauthorized review, use. disclosure or distribution is prohibited. If you are not the intended recipient. please contact the sender by reply email and destroy all copies of the original message. If you are the intended recipient, please be advised that the content of this message is subject to access, review and disclosure by the sender's Email System Administrator. please note The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of JEE Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments. copyright -all rights reserved EFTA01020572