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efta-efta00582744DOJ Data Set 9Other

DS9 Document EFTA00582744

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DOJ Data Set 9
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efta-efta00582744
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EFTA Disclosure
Text extracted via OCR from the original document. May contain errors from the scanning process.
Fortress Value Recovery Fund I LLC Mr. Glenn Dubin do James H.R. Windels Davis Polk & Wardwell LLP 450 Lexington Avenue New York, NY 10017 1345 AVENUE OF THE AMERICAS NEW YORK, NY 10105 TEL 212 798-6100 December 14, 2011 RE: Fortress Value Recovery Fund 1, LLC: Authorizations to Provide Information Dear Mr. Dubin: Reference is made to the limited liability company interests (the "Interests") in Fortress Value Recovery Fund I, LLC, a Delaware limited liability company (the "Fund") held by you, the economic interests in which have been assigned to Jeepers, Inc. ("Jeepers"), pursuant to an assignment agreement effective as of August I, 2011 between you and Jeepers (the "Assignment Agreement"). In connection with such assignment, by your signature below, you are hereby instructing and authorizing the Fund and any of its affiliates to deliver or cause to be delivered to Jeepers (1) copies of capital statements sent to you by the Fund with respect to the Interests (the "Capital Statements"), and (2) copies of quarterly or similar investor letters sent by or on behalf of the Fund to all investors in the Fund (together with the Capital Statements, the "Investor Information"). By signing below, you and Jeepers also hereby acknowledge and agree as follows: (a) Any Investor Information delivered to Jeepers will be subject to the obligations and restrictions, including any confidentiality obligations, of the settlement agreement (the "Settlement Agreement") effective as of August 1, 2011, entered into by and among the Managing Member, the Fund, Jeepers, and the other parties party thereto; (b) Except as expressly set forth in this letter agreement, nothing contained in this letter agreement shall modify in any respect any of the terms and conditions of the Settlement Agreement; (c) Nothing contained in this letter agreement shall modify in any respect any of the terms and conditions of the Assignment Agreement, including without limitation EFTA00582744 any terms relating to indemnification or exculpation of the Fund and its affiliates; and (d) Nothing contained herein shall create any obligation on the part of the Fund or any of its affiliates to provide any Investor Information to Jeepers. FORTRESS VALUE RECOVERY FUND I LLC By: Fortress VRF I LLC, its Managing Member, By: Name: Title: ACKNOWLEDGED AND ACCEPTED GLENN DUBIN ACKNOWLEDGED AND ACCEPTED JEEPERS, INC. By: Name: Title: cc: Jeepers, Inc. c/o Darren K. Indyke 301 East 66th Street, 10B New York, NY 10065 EFTA00582745

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