EFTA Document EFTA01758973

From: Farkas, Andrew L. Sent: Friday, April 26, 2013 7:09 PM To: [email protected]' Subject: Responsive Memo I cut and pasted components Rich Kahn's memo into an email I sent to Frank =nd Tom. This is Frank's response to me after he and tom discussed it: I am flabbergasted at Rich Kahn's characterization and description. I did i= fact ask him why he wanted to know certain things but not in the way that=he has intimated. I don't know what documents he thinks he is missing. We identified 2 =tems in our call with Rich about 2 weeks ago and promptly provided those =tems to him. Rich said in that call that he would send to us any remaining=questions he had but has been radio silent since then. His characterizatio= of the math is very confusing and conflicts sharply with the information =e went over with him. He is in fact factually incorrect and I am surprise= as we went through the 50/50 calculation with him and he seemed to unders=and and as stated above, he did not come back to us with any questions as =e indicated he would if he had any remaining. Rich appears either not to have read or understand the purchase agreement c=nstruct that provides for Jeffrey pay 50% of everything IGY paid and in re=urn receive a 50% interest in AYH. That is in fact what happened yet Rich=seems to be tangled up in GAAP accounting nuance. I know Jeffrey is a very important friend and partner and we should be =ompletely transparent. Any suggestion by Rich that we are not being so is =isplaced at best. I am a bit of a at a loss as to how to untangle given Ri=h's e-mail and its disconnect from the facts and our phone conversation. E=ther Rich does not understand or he does not want to understand, or worse,=has some other agenda. The innuendo in his e-mail is disturbing and unwarr=nted. I think if we had a third party acceptable to Jeffrey look at the informati=n including the purchase agreement, it could be clearly illustrated to Jef=rey that it was in fact a 50/50 deal as described. We are happy to take w=atever time it takes to review but we don't seem to be communicating with =ich very well. Let's discuss. Frank M. Garrison Island Capital Group LIC 3100 West End Avenue Ste 1200 Nashville, TN 37303 This message, and any attachments hereto, is confidential and intended excl=sively for the use of the individual or entity to whom it is addressed. Th=s communication may contain information that is confidential, proprietary,=privileged, subject to a confidentiality and/or non-disclosure agreement, =r otherwise exempt or protected from disclosure (either by contract or und=r applicable law). If you are not the intended recipient, you are hereby n=tified that printing, retaining, reproducing, copying, disclosing, dissemi=ating or using this message or any information contained herein (including=any reliance thereon) is strictly prohibited. If you have received this me=sage in error, please contact the sender immediately and destroy the messa=e (including any attachments) and any copies in their entirety, whether EFTA_R1_00062620 EFTA01758973 in=electronic or hard copy format. Nothing contained in this e-mail shall be =onsidered a legally binding agreement, amendment or modification of any ag=eement with Island Capital Group LLC or any of its affiliates, each of whi=h requires a fully executed agreement to be received by Island Capital Gro=p LLC or such affiliate. <?xml version=.0" encoding=TF-8"?> <IDOCTYPE plist PUBLIC "-//Apple//DTD PLIST 1.0//EN" "http://www.apple.com/DTDs/PropertyList-1.0.dtd"> cplist version=.0"> <dict> <key>date-last-viewed</key> <integer>0</integer> <key>date-received</key> <integer>1367003369</integer> <key>flags</key> <integer>862376014S</integer> <key>gmail-label-ids</key> <array> <integer>22</integer> <integer>2</integer> </array> <key>remote-id</key> <string>295303</string> </dict> </plist> 2 EFTA_R1_00062621 EFTA01758974