From: Darren Indyke Sent: Thursday, October 6, 2016 23:41 To: Claire Brugirard Cc: Larry; Nelson, Michael; Rob DiCastri Subject: Re: BB.1SN 30884 [CC-MERO.FID1S00434] Dear Claire: Please confirm receipt of my email of yesterday's date and advise regarding the status of this matter. Thank you. Regards, DARREN K. INDYKE DARREN K. INDYKE, PLLC 575 Lexington Avenue, 4th Floor New York, Telephone: Telecop 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 - C 2016 Darren K. Indyke, PLLC — All rights reserved. ********************************** ************************** ******************************************* On Oct 5, 2016, at 2:57 PM, Darren Indyke c > wrote: EFTA00815354
Dear Claire: Thank you for your attempt at a resolution of this matter. If the purchase price is reduced to $17 million with the woodwork as is, then we can move forward. Otherwise, you may consider Thomas World Air, LLC's/Plan D, LLC's offer terminated and further negotiations with respect to the aircraft at an end. I appreciate your quick response and wish you luck if you decide to proceed with others. Regards, DARREN K. INDYKE DARREN K. INDYKE, PLLC 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 - C 2016 Darren K. Indyke, PLLC — All rights reserved. On Oct 5, 2016, at 12:24 PM, Claire Brugirard > wrote: Dear Darren, EFTA00815355
We have shared your message below with our leadership and are writing to communicate our position on this matter. We do not believe that the offer made at USD 15,5 M reflects even close to the market value of the aircraft in its current condition, and we are disappointed that your principle has decided at this late stage to change his offer. As noted below, we were transparent throughout this process, and you sent Mr. Visoski over here having received all of the correct information and the feedback from your local representative. Even he initially expressed satisfaction with the interior and the technical condition of the aircraft, before then coming back to us with these new issues. Despite this, we are prepared to make an additional effort in order to show our goodwill and close this deal. We propose a final and non-negotiable offer as follows: Option A: We maintain the price at USD 17.8 M, however Royal Jet commits to making basic "touch-ups" on the interior woodwork at a qualified shop located here in Abu Dhabi. Option B: The aircraft is purchased on an "as-is" basis (i.e. with the interior wood work in its current condition) in which case Royal Jet accepts to reduce the price to USD 17.5 M. Please note that under both scenarios we will not accept any further reductions on the price even if after touch-up work is complete the result is still not to an "acceptable standard" according to the buyer or the buyer's representative. Furthermore, only airworthiness issues will be addressed in the pre-purchase inspection process, and this will be reflected in the delivery condition to be defined in the purchase agreement, which is to be executed by both parties before the aircraft is sent for such inspection. If the above is not acceptable to the buyer, he is welcome to withdraw his deposit and we will re-open discussions with other prospective purchasers. Given the work done by both parties on this transaction so far, we hope it can still be completed, however we require the buyer's response by the close of business on Friday 7th October. We look forward to receiving your response. Best Regards EFTA00815356

