Preview
FILED: NEW YORK COUNTY CLERK 01/06/2022 10:46 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 379 RECEIVED NYSCEF: 01/06/2022
EXHIBIT 35
March 13, 2018 email from Cresco’s counsel asking
Fiorello’s counsel for “a sense of timing” on when they
would receive “any feedback on the documents”
Index No. 652343/2018
FILED: NEW YORK COUNTY CLERK 01/06/2022 10:46 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 379 RECEIVED NYSCEF: 01/06/2022
From: Scott Linsky
Sent: Tuesday, March 13, 2018 10:25 AM CDT
To: Katherine B. Lewis
CC: 'Charlie Bachtell (charlesb@crescolabs.com)'; 'John Figone (johnf@crescolabs.com)'; Christopher R. Walker;
Bob Morgan
Subject: RE: Draft Consulting Agreement and Guaranty [IWOV-MS1.FID499011]
We are completing our review of the SPA and ancillary documents, including regarding tax structure,
and I expect to provide comments to the documents, as well as the schedules, tomorrow; however,
please provide the forms of notes as soon as they are available, so that we can review them in
connection with the other documents.
Thank you.
Scott E. Linsky
Counsel
LUCOSKY
BROOKMAN
101 Wood Avenue South | Woodbridge, New Jersey 08830
tel 732 395 4400 | direct 732 395 4408 | fax 732 395 4401
Lucosky Brookman is proud to announce the publication of its
2017 Year In Review.To view, click here.
Website | Email | VCard | Biography | Year In Review
Confidentiality Notice: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is
privileged, confidential or otherwise protected from disclosure. If you have received this e-mail in error, please notify Lucosky Brookman LLP by
return e-mail and destroy the original message and all copies thereof.
Circular 230 Notice: To ensure compliance with Treasury regulations regarding practice before the IRS, we inform you that, unless expressly
stated otherwise, any federal tax advice contained in this communication was not intended or written to be used, and cannot be used, by any
taxpayer for the purpose of (i) avoiding penalties that may be imposed on the taxpayer under United States federal tax law, or (ii) promoting,
marketing or recommending to another party any tax-related matters addressed herein.
From: Katherine B. Lewis [mailto:klewis@muchshelist.com]
Sent: Tuesday, March 13, 2018 11:04 AM
To: Scott Linsky
Cc: 'Charlie Bachtell (charlesb@crescolabs.com)' ; 'John Figone
(johnf@crescolabs.com)' ; Christopher R. Walker
; Bob Morgan
Subject: RE: Draft Consulting Agreement and Guaranty [IWOV-MS1.FID499011]
Scott,
Could you please give us a sense of timing on the schedules and disclosure schedules, and any feedback
on the documents?
Thanks very much,
MS_000365
FILED: NEW YORK COUNTY CLERK 01/06/2022 10:46 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 379 RECEIVED NYSCEF: 01/06/2022
Katherine
From: Scott Linsky [mailto:slinsky@lucbro.com]
Sent: Monday, March 12, 2018 7:18 PM
To: Katherine B. Lewis
Cc: 'Charlie Bachtell (charlesb@crescolabs.com)'; 'John Figone (johnf@crescolabs.com)'; Christopher R.
Walker; Bob Morgan
Subject: RE: Draft Consulting Agreement and Guaranty [IWOV-MS1.FID499011]
Thank you, we are reviewing. Should this Consulting Agreement replace entirely the form circulated on
Friday? When can we expect the draft forms of notes?
Scott
Scott E. Linsky
Counsel
LUCOSKY
BROOKMAN
101 Wood Avenue South | Woodbridge, New Jersey 08830
tel 732 395 4400 | direct 732 395 4408 | fax 732 395 4401
Lucosky Brookman is proud to announce the publication of its
2017 Year In Review.To view, click here.
Website | Email | VCard | Biography | Year In Review
Confidentiality Notice: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is
privileged, confidential or otherwise protected from disclosure. If you have received this e-mail in error, please notify Lucosky Brookman LLP by
return e-mail and destroy the original message and all copies thereof.
Circular 230 Notice: To ensure compliance with Treasury regulations regarding practice before the IRS, we inform you that, unless expressly
stated otherwise, any federal tax advice contained in this communication was not intended or written to be used, and cannot be used, by any
taxpayer for the purpose of (i) avoiding penalties that may be imposed on the taxpayer under United States federal tax law, or (ii) promoting,
marketing or recommending to another party any tax-related matters addressed herein.
From: Katherine B. Lewis [mailto:klewis@muchshelist.com]
Sent: Monday, March 12, 2018 7:32 PM
To: Scott Linsky
Cc: 'Charlie Bachtell (charlesb@crescolabs.com)' ; 'John Figone
(johnf@crescolabs.com)' ; Christopher R. Walker
; Bob Morgan
Subject: Draft Consulting Agreement and Guaranty [IWOV-MS1.FID499011]
Scott,
Attached please find a draft of the Consulting Agreement and Guaranty. Please let us know if you have
comments. Once finalized, they will be duplicated as necessary.
Thanks,
MS_000366
FILED: NEW YORK COUNTY CLERK 01/06/2022 10:46 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 379 RECEIVED NYSCEF: 01/06/2022
Katherine
Katherine B. Lewis
Much Shelist, P.C.
191 North Wacker Drive, Suite 1800
Chicago, IL 60606
Phone 312.521.2744
Fax 312.521.2844
klewis@muchshelist.com
Visit our website at www.muchshelist.com
Member of Ally Law
Please consider the environment before printing this email.
The information contained in this email communication is intended only for the personal and confidential use of the designated
recipient named above. This message may be an attorney-client communication, and as such is privileged and confidential. If the
reader of this message is not the intended recipient, you are hereby notified that you have received this communication in error, and
that any review, dissemination, distribution, or copying of the message is strictly prohibited. If you have received this transmission in
error, please notify us immediately by telephone and/or reply email.
MS_000367
Preview
FILED: NEW YORK COUNTY CLERK 01/06/2022 10:46 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 379 RECEIVED NYSCEF: 01/06/2022 EXHIBIT 35 March 13, 2018 email from Cresco’s counsel asking Fiorello’s counsel for “a sense of timing” on when they would receive “any feedback on the documents” Index No. 652343/2018 FILED: NEW YORK COUNTY CLERK 01/06/2022 10:46 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 379 RECEIVED NYSCEF: 01/06/2022 From: Scott Linsky Sent: Tuesday, March 13, 2018 10:25 AM CDT To: Katherine B. Lewis CC: 'Charlie Bachtell (charlesb@crescolabs.com)'; 'John Figone (johnf@crescolabs.com)'; Christopher R. Walker; Bob Morgan Subject: RE: Draft Consulting Agreement and Guaranty [IWOV-MS1.FID499011] We are completing our review of the SPA and ancillary documents, including regarding tax structure, and I expect to provide comments to the documents, as well as the schedules, tomorrow; however, please provide the forms of notes as soon as they are available, so that we can review them in connection with the other documents. Thank you. Scott E. Linsky Counsel LUCOSKY BROOKMAN 101 Wood Avenue South | Woodbridge, New Jersey 08830 tel 732 395 4400 | direct 732 395 4408 | fax 732 395 4401 Lucosky Brookman is proud to announce the publication of its 2017 Year In Review.To view, click here. Website | Email | VCard | Biography | Year In Review Confidentiality Notice: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this e-mail in error, please notify Lucosky Brookman LLP by return e-mail and destroy the original message and all copies thereof. Circular 230 Notice: To ensure compliance with Treasury regulations regarding practice before the IRS, we inform you that, unless expressly stated otherwise, any federal tax advice contained in this communication was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (i) avoiding penalties that may be imposed on the taxpayer under United States federal tax law, or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein. From: Katherine B. Lewis [mailto:klewis@muchshelist.com] Sent: Tuesday, March 13, 2018 11:04 AM To: Scott Linsky Cc: 'Charlie Bachtell (charlesb@crescolabs.com)' ; 'John Figone (johnf@crescolabs.com)' ; Christopher R. Walker ; Bob Morgan Subject: RE: Draft Consulting Agreement and Guaranty [IWOV-MS1.FID499011] Scott, Could you please give us a sense of timing on the schedules and disclosure schedules, and any feedback on the documents? Thanks very much, MS_000365 FILED: NEW YORK COUNTY CLERK 01/06/2022 10:46 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 379 RECEIVED NYSCEF: 01/06/2022 Katherine From: Scott Linsky [mailto:slinsky@lucbro.com] Sent: Monday, March 12, 2018 7:18 PM To: Katherine B. Lewis Cc: 'Charlie Bachtell (charlesb@crescolabs.com)'; 'John Figone (johnf@crescolabs.com)'; Christopher R. Walker; Bob Morgan Subject: RE: Draft Consulting Agreement and Guaranty [IWOV-MS1.FID499011] Thank you, we are reviewing. Should this Consulting Agreement replace entirely the form circulated on Friday? When can we expect the draft forms of notes? Scott Scott E. Linsky Counsel LUCOSKY BROOKMAN 101 Wood Avenue South | Woodbridge, New Jersey 08830 tel 732 395 4400 | direct 732 395 4408 | fax 732 395 4401 Lucosky Brookman is proud to announce the publication of its 2017 Year In Review.To view, click here. Website | Email | VCard | Biography | Year In Review Confidentiality Notice: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this e-mail in error, please notify Lucosky Brookman LLP by return e-mail and destroy the original message and all copies thereof. Circular 230 Notice: To ensure compliance with Treasury regulations regarding practice before the IRS, we inform you that, unless expressly stated otherwise, any federal tax advice contained in this communication was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (i) avoiding penalties that may be imposed on the taxpayer under United States federal tax law, or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein. From: Katherine B. Lewis [mailto:klewis@muchshelist.com] Sent: Monday, March 12, 2018 7:32 PM To: Scott Linsky Cc: 'Charlie Bachtell (charlesb@crescolabs.com)' ; 'John Figone (johnf@crescolabs.com)' ; Christopher R. Walker ; Bob Morgan Subject: Draft Consulting Agreement and Guaranty [IWOV-MS1.FID499011] Scott, Attached please find a draft of the Consulting Agreement and Guaranty. Please let us know if you have comments. Once finalized, they will be duplicated as necessary. Thanks, MS_000366 FILED: NEW YORK COUNTY CLERK 01/06/2022 10:46 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 379 RECEIVED NYSCEF: 01/06/2022 Katherine Katherine B. Lewis Much Shelist, P.C. 191 North Wacker Drive, Suite 1800 Chicago, IL 60606 Phone 312.521.2744 Fax 312.521.2844 klewis@muchshelist.com Visit our website at www.muchshelist.com Member of Ally Law Please consider the environment before printing this email. The information contained in this email communication is intended only for the personal and confidential use of the designated recipient named above. This message may be an attorney-client communication, and as such is privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that you have received this communication in error, and that any review, dissemination, distribution, or copying of the message is strictly prohibited. If you have received this transmission in error, please notify us immediately by telephone and/or reply email. MS_000367