Text extracted via OCR from the original document. May contain errors from the scanning process.
To:
Attachments: Amendment to 3rd AR ROFR.PDF; Amendment to_4th_AR_VOTING_Agreement.PDF;
Com liance_Cert.PDF; opinion.pdf;
; Side_Letter.PDF;
Please print all of these docs when you come in tomorrow. Thanks.
575 Lexington Avenue, 4th Floor,
New York, New York 10022
Telephone:
Telecopier:
Mobile:
email:
The information contained in this communication is confidential, may be attorney-client
privileged, and is intended only for the use of the addressee. It is the property of
Darren K. Indyke, PLLC. 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, and destroy this
communication and all copies thereof, including all attachments.
Copyright of Darren K. Indyke, PLLC - © 2011 Darren K.
Indyke, PLLC —All rights reserved.
Begin forwarded message:
' <
Cc: "Jacoby. Craig" <
Hi Darren,
"Hoffman, Susan" <
Please find attached the remaining fully executed documents from the 9/25 Closing. Please let me know if
you need anything else.
EFTA00403843
Best regards,
Matt
Craig,
I received the Fed Ex containing the stock certificates and the opinion, but no email or fed ex of the operative
agreements and related does with the actual 9/25/ Closing Dates on them. Please advise. Thanks.
575 Lexington Avenue, 4th Floor,
New York, New York 10022
Telephone:
Tel
Mobile:
email:
The information contained in this communication is confidential, may be attorney-client
privileged, and is intended only for the use of the addressee. It is the property of
Darren K. Indyke, PLLC. 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, and destroy this
communication and all copies thereof, including all attachments.
Copyright of Darren K. Indyke, PLLC - © 2011 Darren K.
Indyke, PLLC —All rights reserved.
On Sep 25, 2012, at 11:52 AM, Jacoby, Craig wrote:
We will prepare a new opinion dated 9/25 and all the closing documents will be as of the 25th. The final opinion for
release will be on its way to you today, and we will date all of the other agreements as of 9/25.
Thanks,
Craig
EFTA00403844
Mon, Inc. has sent a wire for IOMM in connection with the purchase of the 695,301 shares of Series 5
Preferred Stock and 1,260,233 shares of Common Stock of AliphCom upon the terms and conditions of the
Purchase Agreement executed by Mort and AliphCom in connection with the same.
So that our records both reflect the same information, and given that the Cooley opinion is dated September
19 and makes reference to the date of the Purchase Agreement as September 19, we should use September 19
and the date for all of the closing documents, unless you have a reason not to do so. Please let me know.
575 Lexington Avenue, 4th Floor,
New York, New York 10022
Telephone:
Tel
Mobile:
email:
The information contained in this communication is confidential, may be attorney-client
privileged, and is intended only for the use of the addressee. It is the property of
Darren K. Indyke, PLLC. 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, and destroy this
communication and all copies thereof, including all attachments.
Copyright of Darren K. Indyke, PLLC - © 2011 Darren K.
Indyke, PLLC —All rights reserved.
This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any 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. II you are the intended recipient. please be advised that the content of this message is subject to access. review and disclosure by the senders
Email System Administrator.
IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS. we inform you that any U.S. federal tax advice contained in this
communication (including any attachment) is not intended or written by us to be used. and cannot be used. (i) by any taxpayer for the purpose of avoiding tax
penalties under the Internal Revenue Code or (ii) for promoting, marketing or recommending to another party any transaction or matter addressed herein.
This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any 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. II 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.
EFTA00403845
IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS. we inform you that any U.S. federal tax advice contained in this
communication (including any attachment) is not intended or written by us to be used. and cannot be used. (i) by any taxpayer for the purpose of avoiding tax
penalties under the Internal Revenue Code or (ii) for promoting. marketing or recommending to another party any transaction or matter addressed herein.
EFTA00403846