Preview
FILED: NEW YORK COUNTY CLERK 05/16/2022 02:37 PM INDEX NO. 153512/2022
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/16/2022
EXHIBIT 2
FILED: NEW YORK COUNTY CLERK 05/16/2022 02:37 PM INDEX NO. 153512/2022
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/16/2022
Robinson, Heather
From: Palmer, Timothy
Sent: Thursday, April 28, 2022 2:47 PM
To: Don D. Grubman; 'Hal Livingstone'; Shapiro, Neil; Jennifer Bolton; Smith, Chris; Zachary
G. Newman; Manton, Lauren
Subject: RE: Ceruzzi - Confirmation of Extension of Definitive Documentation
Confirmed.
Timothy Palmer
Shareholder
Union Trust Building
501 Grant Street, Suite 200
Pittsburgh, PA 15219-4413
412 562 8413 (o)
412 901 4973 (c)
timothy.palmer@bipc.com
vCard | Bio | BIPC.com | Twitter | LinkedIn
Buchanan Ingersoll & Rooney PC
1
FILED: NEW YORK COUNTY CLERK 05/16/2022 02:37 PM INDEX NO. 153512/2022
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/16/2022
From: Don D. Grubman
Sent: Thursday, April 28, 2022 1:44 PM
To: 'Hal Livingstone' ; Shapiro, Neil ; Jennifer Bolton
; Smith, Chris ; Zachary G. Newman
; Manton, Lauren ; Palmer, Timothy
Subject: RE: Ceruzzi - Confirmation of Extension of Definitive Documentation
[This Email Originated From dgrubman@hahnhessen.com Which Is External To The Firm]
Confirmed on behalf of JPMorgan Chase Bank, N.A.
Thanks
Don
Don D. Grubman
Partner
DGrubman@hahnhessen.com
P: 212.478.7220
F: 212.478.7400
Thompson Coburn Hahn & Hessen LLP
488 Madison Avenue
New York, NY 10022
www.tchahnhessen.com
From: Hal Livingstone
Sent: Thursday, April 28, 2022 1:33 PM
To: Shapiro, Neil ; Jennifer Bolton ; Smith, Chris
; Zachary G. Newman ; Manton, Lauren
; Palmer, Timothy ; Don D. Grubman
Subject: RE: Ceruzzi - Confirmation of Extension of Definitive Documentation
RECEIVED FROM EXTERNAL SENDER - USE CAUTION
Confirmed.
Thanks
Hal
Hal Livingstone
TCI Fund Services LLP
T: +44 20 7440 2387
E: HLivingstone@tciserv.com
A: 7 Clifford St | London | W1S 2FT
2
FILED: NEW YORK COUNTY CLERK 05/16/2022 02:37 PM INDEX NO. 153512/2022
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/16/2022
From: Shapiro, Neil
Sent: 28 April 2022 03:26
To: Jennifer Bolton ; Smith, Chris ; Zachary G. Newman
; Manton, Lauren ; Palmer, Timothy
; Don D. Grubman ; Hal Livingstone
Subject: Ceruzzi - Confirmation of Extension of Definitive Documentation
As previously agreed, the Definitive Documentation Outside Date (as defined in that certain Letter Agreement, dated
March 25, 2022, and also known as the Intercreditor Agreement (the “ICA”)) was extended to May 3, 2022. Except for
such extension, the ICA remains unmodified and in full force and effect. Please formally confirm the foregoing on behalf
of your client by responding “Confirmed” to this email.
Neil
To help protect y ou r priv acy , Microsoft O ffice prev ented automatic download of this picture from the Internet.
Neil R. Shapiro
Partner
Herrick, Feinstein LLP
Two Park Avenue | New York, NY 10016
212.592.1466 Office
NShapiro@herrick.com
website bio
The information in this message may be privileged, intended only for the use of the named recipient. If you received this
communication in error, please immediately notify us by return e-mail and delete the original and any copies.
TCI Fund Services LLP ("TCI") is a limited liability partnership incorporated and existing under the laws of England and Wales. TCI is registered with
Companies House with registered number OC332174. This communication contains confidential information and is intended only for the named
addressee. If you are not the named addressee or if this communication has been addressed or sent to you in error, you should not disseminate,
distribute, alter or copy this communication or any part of it. Please notify the sender immediately if you have received this communication by mistake
and delete this communication from your physical and electronic records. This communication is not a solicitation or offer to buy or sell any securities or
related financial instruments in any jurisdiction. In any event, this communication is provided for informational purposes only and neither it, any
attachment to it, nor any part of their contents should be relied upon by any person for any purpose including, without limitation, for the purpose of
making any investment decision. TCI has taken every reasonable precaution to ensure that any attachment to this communication has been swept for
viruses. However, TCI cannot accept liability for any damage sustained as a result of software viruses. You must carry out your own virus checks before
opening any attachment. Certain telephone conversations and other communications between you and the TCI Group may be recorded. This may be
without the use of a warning or warning tone. We record calls for the purpose of complying with financial regulation and may also be used for use as
evidence in the event of dispute or investigation and shall be admissible as evidence in any legal proceedings, to the fullest extent permissible by
3
FILED: NEW YORK COUNTY CLERK 05/16/2022 02:37 PM INDEX NO. 153512/2022
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/16/2022
applicable law. We retain copies of calls for as long as we are legally required or have a legitimate interest to do so and we may share them with the
FCA or other regulators.
CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may
contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are
hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender
immediately by replying to this message, then delete the e-mail and any attachments from your system.
4
Preview
FILED: NEW YORK COUNTY CLERK 05/16/2022 02:37 PM INDEX NO. 153512/2022 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/16/2022 EXHIBIT 2 FILED: NEW YORK COUNTY CLERK 05/16/2022 02:37 PM INDEX NO. 153512/2022 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/16/2022 Robinson, Heather From: Palmer, Timothy Sent: Thursday, April 28, 2022 2:47 PM To: Don D. Grubman; 'Hal Livingstone'; Shapiro, Neil; Jennifer Bolton; Smith, Chris; Zachary G. Newman; Manton, Lauren Subject: RE: Ceruzzi - Confirmation of Extension of Definitive Documentation Confirmed. Timothy Palmer Shareholder Union Trust Building 501 Grant Street, Suite 200 Pittsburgh, PA 15219-4413 412 562 8413 (o) 412 901 4973 (c) timothy.palmer@bipc.com vCard | Bio | BIPC.com | Twitter | LinkedIn Buchanan Ingersoll & Rooney PC 1 FILED: NEW YORK COUNTY CLERK 05/16/2022 02:37 PM INDEX NO. 153512/2022 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/16/2022 From: Don D. Grubman Sent: Thursday, April 28, 2022 1:44 PM To: 'Hal Livingstone' ; Shapiro, Neil ; Jennifer Bolton ; Smith, Chris ; Zachary G. Newman ; Manton, Lauren ; Palmer, Timothy Subject: RE: Ceruzzi - Confirmation of Extension of Definitive Documentation [This Email Originated From dgrubman@hahnhessen.com Which Is External To The Firm] Confirmed on behalf of JPMorgan Chase Bank, N.A. Thanks Don Don D. Grubman Partner DGrubman@hahnhessen.com P: 212.478.7220 F: 212.478.7400 Thompson Coburn Hahn & Hessen LLP 488 Madison Avenue New York, NY 10022 www.tchahnhessen.com From: Hal Livingstone Sent: Thursday, April 28, 2022 1:33 PM To: Shapiro, Neil ; Jennifer Bolton ; Smith, Chris ; Zachary G. Newman ; Manton, Lauren ; Palmer, Timothy ; Don D. Grubman Subject: RE: Ceruzzi - Confirmation of Extension of Definitive Documentation RECEIVED FROM EXTERNAL SENDER - USE CAUTION Confirmed. Thanks Hal Hal Livingstone TCI Fund Services LLP T: +44 20 7440 2387 E: HLivingstone@tciserv.com A: 7 Clifford St | London | W1S 2FT 2 FILED: NEW YORK COUNTY CLERK 05/16/2022 02:37 PM INDEX NO. 153512/2022 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/16/2022 From: Shapiro, Neil Sent: 28 April 2022 03:26 To: Jennifer Bolton ; Smith, Chris ; Zachary G. Newman ; Manton, Lauren ; Palmer, Timothy ; Don D. Grubman ; Hal Livingstone Subject: Ceruzzi - Confirmation of Extension of Definitive Documentation As previously agreed, the Definitive Documentation Outside Date (as defined in that certain Letter Agreement, dated March 25, 2022, and also known as the Intercreditor Agreement (the “ICA”)) was extended to May 3, 2022. Except for such extension, the ICA remains unmodified and in full force and effect. Please formally confirm the foregoing on behalf of your client by responding “Confirmed” to this email. Neil To help protect y ou r priv acy , Microsoft O ffice prev ented automatic download of this picture from the Internet. Neil R. Shapiro Partner Herrick, Feinstein LLP Two Park Avenue | New York, NY 10016 212.592.1466 Office NShapiro@herrick.com website bio The information in this message may be privileged, intended only for the use of the named recipient. If you received this communication in error, please immediately notify us by return e-mail and delete the original and any copies. TCI Fund Services LLP ("TCI") is a limited liability partnership incorporated and existing under the laws of England and Wales. TCI is registered with Companies House with registered number OC332174. This communication contains confidential information and is intended only for the named addressee. If you are not the named addressee or if this communication has been addressed or sent to you in error, you should not disseminate, distribute, alter or copy this communication or any part of it. Please notify the sender immediately if you have received this communication by mistake and delete this communication from your physical and electronic records. This communication is not a solicitation or offer to buy or sell any securities or related financial instruments in any jurisdiction. In any event, this communication is provided for informational purposes only and neither it, any attachment to it, nor any part of their contents should be relied upon by any person for any purpose including, without limitation, for the purpose of making any investment decision. TCI has taken every reasonable precaution to ensure that any attachment to this communication has been swept for viruses. However, TCI cannot accept liability for any damage sustained as a result of software viruses. You must carry out your own virus checks before opening any attachment. Certain telephone conversations and other communications between you and the TCI Group may be recorded. This may be without the use of a warning or warning tone. We record calls for the purpose of complying with financial regulation and may also be used for use as evidence in the event of dispute or investigation and shall be admissible as evidence in any legal proceedings, to the fullest extent permissible by 3 FILED: NEW YORK COUNTY CLERK 05/16/2022 02:37 PM INDEX NO. 153512/2022 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/16/2022 applicable law. We retain copies of calls for as long as we are legally required or have a legitimate interest to do so and we may share them with the FCA or other regulators. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. 4