EXHIBIT 22

UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE

CARD CONNECT, LLC and
FINANCIAL TRANSACTION SERVICES,
LLC

Plaintiffs,

v.

SHIFT4 PAYMENTS, LLC,

Defendant.

Civil Action No. 1:22-cv-01300-GBW

DECLARATION OF J. ROCKET RIDER IN SUPPORT OF SHIFT4 PAYMENTS,
LLC’S OPPOSITION TO PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

I, J. Rocket Raker, pursuant to 28 U.S.C. § 1746, declare as follows:

1. I am over the age of 21 and am competent to make this Declaration. I have personal
knowledge of the facts set forth in this Declaration and could and would testify competently to them
if called as a witness.

2. I am employed by Shift4 Payments, LLC (“Shift4” or “Defendant”) as its Chief
Executive Officer. I have been employed by Shift4, or its predecessor, since 1999.

3. I submit this Declaration in support of Defendant's Opposition to Plaintiffs Card
Connect, LLC, and Financial Transaction Services, LLC’s (collectively, “Plaintiffs” or “CardConnect”)
Motion for a Preliminary Injunction.

Background on Shift4
4. Shift4 began as a point-of-sale (“POS”) software company. Shift4’s technology was
designed to interface directly with various property management systems (“PMS”) such as hotel
and restaurant management systems, and to permit customers to process credit card and other payment
transactions through one of several payment processors. I refer to this product in this Declaration

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as a “gateway.” Shift4, a gateway, in the early 2000s, was an alternative method of sending payment
transactions (e.g., credit card transactions) to a payment processor.

5. A critical selling point for Shift4’s gateway at the time was that it maintained
certifications to different payment processors. At that time, there were very few gateways that were
purpose built for complicated hospitality environments that relied on a PMS. So, Shift4 had a valuable
solution, which was used by many of the largest hotel and hospitality companies in the world.
Because Shift4 maintained certifications with different large payment processors, it meant a large
hotel company running the same PMS (e.g., Oracle’s Opera) could use Shift4’s gateway for connectivity
to the hotel company’s choice(s) of payment processors. Although customers had a choice of payment
processors, it was far more convenient for technology purposes to only integrate with a single provider
(e.g., Shift4), than to integrate individually with the 8-10 systems that would have otherwise powered
their various payments needs.

6. Shift4 invented tokenization, which solved numerous operational complexities for our
hospitality customers. This was a huge invention, because a payment token is randomly generated
and useless to hackers. It’s safer for consumers and less liability and compliance burden for businesses.
Tokenization served as a significant driver of new business for Shift4, as well as Shift4’s valuations
in connection with financing rounds

7. Shift4 also offers many additional products beyond the “gateway” including, without
limitation, point-to-point encryption (“P2PE”), fraud prevention, and payment devices.

8. Up until roughly 2014, Shift4’s business model consisted of licensing its gateway to
merchants and charging either a per transaction fee or a monthly subscription fee. Shift4 did not, for
the first fifteen (15) years of its existence, offer any acquiring or payment processing services, or what
is generally called merchant services in the payment industry.

9. Although Shift4 did not offer payment processing or acquiring services itself, payment
processors have always represented a valuable source of customers for Shift4, and vice versa. As

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described above, since Shift4’s gateway was connected to multiple payment processors, it could
technically “steer” (in its early years) or “incentivize” (more recently) customers to use a specific
payment processor. This incentive to Shift4 took several forms such as:
    (i) sharing in a portion of the monthly revenue generated from payment processing (often
    called residuals);
    (ii) earning a one-time payment or bonus for signing up a customer, and
    (iii) an ownership interest in either the limited liability company or the portfolio of merchants,
    or, as was described to me in one instance, by a former Shift4 employee who left to build
    CardConnect, “synthetic equity.”

10. The first of these payments (residuals) is not unique to Shift4. This is a very common
arrangement between any sales agent referring customers to a payment processor. Those sales agents
could be individuals, a software company, or a gateway company. It is not uncommon for many
payment processors to have thousands of these relationships.

11. The second of these payments (bonuses) is also not unique to Shift4 as it is a payment
made to sales agents. Many times, in my experience, these payments are more customary for more
substantial customers that take longer to integrate and generate substantial revenue. Earning a bonus
for signing up a new customer is common throughout the payment industry.

12. The third arrangement, described in paragraph nine (9) as an ownership interest, is less
common, although I understand from my bankers and working with high growth private-equity
backed companies that these arrangements are not at all unheard of in technology, even common.

CardConnect’s Allegations of “Synthetic Equitv”

13.   [REDACTED]

14. [REDACTED]

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15. [REDACTED]

16.  [REDACTED]

17.  [REDACTED]

18. [REDACTED]

19. Around August 2017, CardConnect was acquired by First Data Corporation, and First
Data was subsequently acquired by Fiserv, Inc. in 2019.

20. [REDACTED]

21.  [REDACTED]

22.  [REDACTED]

23. [REDACTED]

24. [REDACTED]

25. [REDACTED]

26. [REDACTED]

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27. [REDACTED]

28.  [REDACTED]

29. [REDACTED]

30.  [REDACTED]

31. [REDACTED]

32. [REDACTED]

33. CardConnect is a wholly owned subsidiary of Fiserv. Fiserv is a multi-billion dollar
public company and is well-resourced. CardConnect’s allegations that it will be irreparably harmed
in losing a single customer are not credible, especially given the size and financial resources of Fiserv.

34. I declare under penalty of perjury that the foregoing is true and correct.

Executed this 1st day of December, 2022.

/s/ J. Rocket Raker
J. Rocket Raker

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EXHIBIT 12

19 Q. Okay. What is Shift4 3DS?
20 A. Shift4 3DS is an internally developed product
21 that takes various 3DS calls from throughout the
22 payment ecosystem and normalizes them so that there's
23 no material difference between the 3DS calls from
24 one area or another. It's
25 Q. Okay.

 6 BY MR. MAGID:
 7 Q. Okay. So if you were to have a conversation
 8 with, let's say, Elon Musk, you might end it with to
 9 the moon?
10 A. That's possible.
11 Q. Okay. And did you use that expression to
12 the moon with Abe Orlofsky?
13 A. I don't recall. I'm saying that's my
14 catchphrase. I don't recall specifically using it in
15 'any context with Abe.
16 Q. Okay. Have you used that ex.pression with
17 respect to Shift4's customers?
18 A. I don't know what that means.
19 Q. Okay. Well, have you referred to the idea of
20 Shift4 capturing customers or getting customers --
21 A. No, no.
22 Q. -- with the --
23 A. No.
24 Q. Okay.
25 A. I mean, my use of that phrase would be in

1 terms of like celebrating activities,
2 accomplishments, not as a reference to like
3 customers.
4 Q. So the phrase that was in your signature
5 block of your email --
6 A. Mm-hmm.
7 Q. -- that wasn't for customers; it was for
8 something else?
9 A. Well, that's the catchphrase. I mean,
10 that's the whole point.
11 Q. Okay.
12 A. It's --
13 Q. Explain --
14 A. -- the catchphrase -- let me finish.
15 Q. Sure. Go ahead.
16 A. The catchphrase is the catchphrase. That's
17 what it -- that's all it means. It's just -- it was
18 just put in there. It wasn't supposed to signify one
19 thing or another.
20 Q. Okay. Let me ask it this way: What was the
21 intended meaning when you used the phrase in your
22 signature block of your email?
23 A. Just a generalized kind of feel-good
24 expression.
25 Q. Okay. And on July 13th, 2021, did you

 1 communicate with Abe Orlofsky via text message?
 2 A. Probably.
 3 Q. Did you ever communicate with him via text
 4 message?
 5 A. Yes.
 6 Q. All right. I'm going to show you a document
 7 that's been marked as Exhibit 26.
 8 (Exhibit 26 was marked.)
 9 Q. Can you pull that up, please.
10 A. Yes.
11 Q. Do you see it?
12 Okay. Do you know what this is?
13 A. Looks like a text message from the summer.
14 Q. Okay. And it's between you and Abe Orlofsky,
15 correct?
16 A. Yes.
17 Q. All right. And the first message is from
18 you, correct?
19 A. Yes.
20 Q. And it says: Just following up on our last-
21 conversation about finding a path to move the
22 remaining OpenTable volume to Shift4.
23 You see that?

1 A. Yeah.
2 Q. Okay. What triggered that message?
3 A. It says right there, a follow-up to our last
4 conversation.
5 Q. What was that conversation that you were
6 referring to?
7 A. A last conversation with Abe about moving
8 OpenTable to Shift4.
9 Q. Okay.
10 Had you discussed moving OpenTable business to
11 Shift4 before this text?
12 A. Yes.
13 Q. Okay. How many times?
14 A. I don't know.
15 Q. More than twice?
16 A. I don't know.
17 Q. More than once?
18 A. I'd say so.
19 Q. Okay. Do you know when the previous
20 conversation had taken place?
21 A. We text a lot. So it was just simply a
22 follow-up. I mean, how much before, I don't know.
23 Q. And then following up means what?
24 A. Just a reminder.

 4 Q. All right. And how did you -- did you have
 5 any other follow-up communication on that?
 6 A. We -- I mean, we text all the time, so could
 7 there have been on other topic threads other
 8 messages? There could have.
 9 Q. Okay. Was there anything else specific on
10 this text string that you followed up on?
11 A. No.
12 Q. Okay. I want to talk to you about residuals
13 a little bit.
14 Do you know what residuals are?
15 A. Yeah.
16 Q. Okay. What are they?
17 A. It's the compensation that we would receive
18 as part of gateway agreements.
19 Q. Okay. So it's the revenue share essentially?
20 A. Yeah.
21 Q. Okay. And when you receive residuals from an
22 entity, does that mean that you have an agreement with
23 them?
24 A. Yes.
25 Q. Okay. And when you receive those residuals,

EXHIBIT 26

Tuesday, July 13 4:47 PM
Jared Isaacman
Just following up on our last conversation about finding a path to move the remaining OpenTable volume to Shift4

Abe Orlofsky
Yep working on it - we have a lot of moving pieces internally, which
is slowing us down a bit.

Tuesday, July 20 1:47 PM
Jared Isaacman
👍

Abe Orlofsky
Quick update: we are meeting with the [REDACTED] team this week
on a path to move to Shift4. We have alignment internally but need to
socialize/get on the same page with [REDACTED] folks.

Jared Isaacman
Awesome. To the moon 🚀

Case 1:22-cv-01300-GBW Document 83-27 Filed 12/01/22 Page 1 of 2 PageID #: 3981

EXHIBIT 23

UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE

CARD CONNECT, LLC and
FINANCIAL TRANSACTION SERVICES,
LLC

Plaintiffs,

v.

SHIFT4 PAYMENTS, LLC,

Defendant.

Civil Action No. 1:22-cv-01300-GBW

DECLARATION OF BRAD HERRING IN SUPPORT OF SHIFT4 PAYMENTS,
LLC’S OPPOSITION TO PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

I, Brad Herring, pursuant to 28 U.S.C. § 1746, declare as follows:

1. I am over the age of 21 and am competent to make this Declaration. I have personal
knowledge of the facts set forth in this Declaration and could and would testify competently to them
if called as a witness.

2. I am employed by Shift4 Payments, LLC (“Shift4”) as its President and Chief
Operating Officer. I have been employed by Shift4 since November 2020.

3. I submit this Declaration in support of Defendant’s Opposition to Plaintiffs Card
Connect, LLC, and Financial Transaction Services, LLC’s (collectively, “CardConnect”) Motion
for a Preliminary Injunction.

Background on Shift4

4. Since joining Shift4 in November 2020, I have been intimately involved in
reviewing and evaluating all agreements with companies that provide referrals or sales leads to
Shift4.

5. Through my review of Shift4’s agreements, I have also become familiar with
Shift4’s relationships with several independent software vendors (“ISVs”).

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6. I have been informed that Plaintiffs have made certain allegations concerning
Shift4’s business practices. I have seen these allegations repeated without any basis by those who
are looking to benefit financially by damaging Shift4.

7. As Shift4’s President and Chief Operating Officer, I am also familiar with Shift4’s
marketing strategies and efforts. I have personal knowledge of and am involved in the hiring and
retention of Shift4’s marketing team.

8. [REDACTED]

9. [REDACTED]

CardConnect’s Allegations of “Misappropriation”

10. I understand that Plaintiffs allege that Shift4 “misappropriated” proprietary merchant
data. I have been informed these allegations originate with a former Shift4 employee who left to try
and build a competing company. I understand this individual and his business partner, who is also
a former Shift4 employee, made these allegations up to inflict financial pain on Shift4. This
individual’s LinkedIn profile is telling, as shown in the screenshot of my computer screen of
December 1, 2022:

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11. I understand from counsel and Shift4’s records that Shift4 historically used a
third-party software called “SpyFu, Inc.” (“SpyFu”) to gather information that is publicly available
on the Internet. SpyFu gathers information through google searches and Shift4’s marketing team
used SpyFu for “Search Engine Optimization” (“SEO”) and other advertising campaigns.
According to Shift4 records, Shift4’s last payment for SpyFu and last login date to SpyFu, was
around October 2019, which corresponded to the same month I authorized the payments.

12. Shift4’s former Senior Vice President of Marketing, who was terminated for poor
performance, was the individual that used and managed the relationship with SpyFu. Her
performance issues first arose, upon information and belief, during the execution of a marketing
campaign that involved SpyFu, among other third parties, which yielded poor results. She was
subsequently let go for these issues.

13. I understand that Plaintiffs’ allegation that Shift4 is somehow misusing a customers’
or a competitors’ proprietary, confidential data is completely false and rests on no credible
foundation.

14. Plaintiffs have alleged that Shift4 has “stolen” customer data. I am informed that
these allegations originate with a former Shift4 employee who left to try and build a competing
company, and he recruited another former Shift4 employee, who left to build a new company, as
well. These individuals are working together to spread false and harmful rumors about Shift4, but
they have absolutely no basis for doing so.

15. Merchants who utilize Shift4’s gateway services voluntarily provide their data and
payment processing information as part of the onboarding process to integrate with Shift4’s gateway.
Shift4 then utilizes that information to facilitate their payment processing transactions between the
bank identification numbers (“BINS”) of the merchants, its property management systems, and the

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various downstream payment networks, including “front end” and “back end” processors. This is
how standard payment processing works.

16. Shift4 protects merchant data (both personally identifiable information and payment
processing data) through encryption, tokenization, and fraud detection software.

17. I have also personally reviewed Shift4’s compliance protocols with respect to
PCI. Shift4 adheres to PCI requirements throughout its systems and is certified as PCI-compliant.

18. I declare under penalty of perjury that the foregoing is true and correct.

Executed this 1st day of December, 2022.

/s/ Brad Herring
Brad Herring

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