Cooley, Arastu K. Chaudhury 1212) 479-6844 June 10, 2011 Seth Ard, Esq. Susman Godfrey LLP 560 Lexington Ave, 15th Fir New York, New York 10022 CONFIDENTIAL VIA EMAIL RE: DSAM Relinquishment of Payment Dear Seth: Please find attached a document bates numbered DBZCO_FTC0025505. This document is provided in response to your June 8, 2011 email to William O'Brien. The aforementioned document should be treated as confidential and subject to the terms of the Confidentiality Agreement and Order that Hannah Sholl of Paul, Weiss, Rifkin, Wharton & Garrison LLP sent Harry Susman of Susman Godfrey LLP via email on October 7, 2010 ("Confidentiality Agreement"). Although the parties have not executed this agreement, we are producing these documents because on October 9, 2010, Mr. Susman agreed to abide by the terms of the Confidentiality Agreement, unless and until the Confidentiality Agreement is modified. Best regards, Arastu K. Chaudhury CC: Allan Arffa, Esq. (with attachment) John Siffert, Esq. (with attachment) 1114 AVENUE OF THE AMERICAS. NEW YORK. NY 10036 T: (212) 479.6000 F:1212) 479.6275 EFTA00595581