From: Watson, Derek Sent: 21 April 2015 3:52 PM To: 'Darren Indyke' Subject: RE: SPA Pichton II and Plan D I will wait to hear from you after you have reviewed the draft and then take instructions. Many thanks Derek From: Darren Indyke [mailto. Sent: 21 April 2015 3:48 PM To: Watson, Derek Subject: Re: SPA Pichton II and Plan D Set the cap at $100,000 We can control our bank transfer fees but not fees at the escrow agent's bank or your bank. We should only take responsibility for our bank's transfer fees. I am in meetings all day today and will review the drafts as soon as 1 can. Thanks. DARREN K. INDYKE DARREN K. INDYKE, PLLC 575 Lexington Avenue, 4th Floor New York, New York 10022 Telephone: Telecopier: Mobile: email: EFTA00858324
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 - @ 2015 Darren K. Indyke, PLLC — All rights reserved. ******** On Apr 20, 2015, at 11:09 AM, Watson, Derek < wrote: Thanks Darren. On the basis that these are the buyer's final comments: - the only point which was not acceptable was the deletion of cap on buyer's costs indemnity in sections 2.7 and 4.1(g) as seller will not agree an open-ended amount; - in view of your further comments section 7.2(a) has been amended to make clear it is only getting at bank transfer fees and that Seller should receive purchase price in full, any such bank fees being for buyer's account; and - all your other further comments have been incorporated in the attached revised draft (theblackline is against your latest version). I believe the SPA should now be in acceptable form and look forward to receiving your confirmation. I have been instructed that if buyer is not willing to sign without further delay then seller wishes to terminate the discussions. Best regards EFTA00858325