On June 12, 2024 a
Exhibit,Appendix
was filed
involving a dispute between
Tyvak Nano-Satellite Systems, Inc.,
and
Astra Space Operations, Inc.,
for Commercial - Contract - Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 06/12/2024 09:02 AM INDEX NO. 652977/2024
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/12/2024
Exhibit 11
FILED: NEW YORK COUNTY CLERK 06/12/2024 09:02 AM INDEX NO. 652977/2024
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/12/2024
Andrew Schwartz
From: Martin Attiq
Sent: Friday, October 13, 2023 5:00 PM
To: Alma Gonzalez; Margo de Naray
Cc: Andrew Schwartz; CJ Danvers; Robin Sargent; Matthew Sant
Subject: [External] -Re: [Ext] Financial Status Update Request
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Thank you, Alma. We acknowledge receipt. It is our intent to comply with our contractual obligations and
respond to this request promptly. Please note however that due to Terran’s refusal to make the equitable
adjustment to the contract price, modify the contract as a result of a customer directed change and pay
undisputed amounts due in connection therewith, Astra believes that its obligation to respond to this request
can be tolled until such time as the non-payment is cured. In the meantime, we will continue to perform under
the contract and the customer directed change to support the SDA mission.
Best,
Martin
From: Alma Gonzalez
Date: Tuesday, October 10, 2023 at 4:29 PM
To: Martin Attiq , Margo de Naray
Cc: Andrew Schwartz , CJ Danvers
, Robin Sargent , Matthew Sant
Subject: [Ext] Financial Status Update Request
Good afternoon,
Attached please find a letter request for Astra’s financial status update.
If you have any questions, feel free to contact me. Thank you in advance!
Best regards,
Alma Gonzalez
Sr. Contracts Manager, Legal & Compliance | Terran Orbital Corporation| 714.856.2669| alma.gonzalez@terranorbital.com
This e‐mail message and any attachments are intended solely for the specified addressee(s) and may be confidential,
proprietary, privileged, and/or U.S. export controlled. If you are not the intended recipient, you are hereby notified that
any use, disclosure, distribution, copying, or storage of this message or its attachments is strictly prohibited. Please
immediately notify the sender by return e‐mail and delete this message and any attachments.
1
FILED: NEW YORK COUNTY CLERK 06/12/2024 09:02 AM INDEX NO. 652977/2024
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/12/2024
CAUTION: This email originated from outside the organization. Do not trust the identity of the sender, the safety of any links, or any
attachments unless you know the content is safe.
2
Document Filed Date
June 12, 2024
Case Filing Date
June 12, 2024
Category
Commercial - Contract - Commercial Division
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NEW YORK COUNTY CLERK 06/12/2024 09:02 AM INDEX NO. 652977/2024 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/12/2024 Exhibit 11 FILED: NEW YORK COUNTY CLERK 06/12/2024 09:02 AM INDEX NO. 652977/2024 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/12/2024 Andrew Schwartz From: Martin Attiq Sent: Friday, October 13, 2023 5:00 PM To: Alma Gonzalez; Margo de Naray Cc: Andrew Schwartz; CJ Danvers; Robin Sargent; Matthew Sant Subject: [External] -Re: [Ext] Financial Status Update Request CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you, Alma. We acknowledge receipt. It is our intent to comply with our contractual obligations and respond to this request promptly. Please note however that due to Terran’s refusal to make the equitable adjustment to the contract price, modify the contract as a result of a customer directed change and pay undisputed amounts due in connection therewith, Astra believes that its obligation to respond to this request can be tolled until such time as the non-payment is cured. In the meantime, we will continue to perform under the contract and the customer directed change to support the SDA mission. Best, Martin From: Alma Gonzalez Date: Tuesday, October 10, 2023 at 4:29 PM To: Martin Attiq , Margo de Naray Cc: Andrew Schwartz , CJ Danvers , Robin Sargent , Matthew Sant Subject: [Ext] Financial Status Update Request Good afternoon, Attached please find a letter request for Astra’s financial status update. If you have any questions, feel free to contact me. Thank you in advance! Best regards, Alma Gonzalez Sr. Contracts Manager, Legal & Compliance | Terran Orbital Corporation| 714.856.2669| alma.gonzalez@terranorbital.com This e‐mail message and any attachments are intended solely for the specified addressee(s) and may be confidential, proprietary, privileged, and/or U.S. export controlled. If you are not the intended recipient, you are hereby notified that any use, disclosure, distribution, copying, or storage of this message or its attachments is strictly prohibited. Please immediately notify the sender by return e‐mail and delete this message and any attachments. 1 FILED: NEW YORK COUNTY CLERK 06/12/2024 09:02 AM INDEX NO. 652977/2024 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/12/2024 CAUTION: This email originated from outside the organization. Do not trust the identity of the sender, the safety of any links, or any attachments unless you know the content is safe. 2