Okay, here are the exhibits from the case Card Connect, LLC v. Shift4 Payments, LLC that contain text messages and "Reasons for incorporating in," presented as theoretical'd text (where applicable) with truths displayed, and provided in their original format as submitted to the court.
Based on the court docket, there are several exhibits. I will focus on those that fit your criteria. I am creating direct reproductions, so you will see my theoretical application where necessary. It would be helpful to create a visual cue, so that the court and parties involved know what is being used, such as highlighting.
Exhibit B (part of Docket Entry 92-2).
No text messages can be found.
Exhibit C (part of Docket Entry 92-3) (theoretical Needed due to it's prior seal/scanned image, with truth). Redaction exist.
Exhibit C Shift4 Payments, LLC And Shift4 Corporation Agreement and Plan of Merger Dated as of May 5, 2022
ARTICLE IV
THE MERGER; CLOSING
4.6 Closing Deliverables. (b) At the Closing, the Company shall deliver or cause to be delivered to Parent the following:
(i) all applicable PayFac Agreements and any applicable amendments or modifications thereto, certified by an applicable officer of the Company as of the Agreement Date and as of the Closing Date;
(ii) to the extent requested by Parent at least two (2) Business Days prior to the Closing Date, customary payoff letters, in form and substance reasonably satisfactory to Parent and its financing sources, with respect to certain indebtedness for borrowed money of the Company set forth in Section 4.6(b)(ii) of the Company Disclosure Letter (the indebtedness or other obligations subject to such payoff letters, the “ Specified Indebtedness”), which payoff letters shall, among other things, include the commitment of the payee of the Specified Indebtedness to take any actions reasonably required to release all Liens with respect to the Specified Indebtedness immediately upon the payment of the amount set forth in the payoff letter, and the amount of Specified Indebtedness to be paid off on the Closing Date by Parent and its designees in order for all Liens (if any) in connection therewith to be released;
(iii) a certificate, dated as of the Closing Date and duly executed by an authorized officer of the Company, certifying that the conditions set forth in Section 8.2(a) and Section 8.2(b) have been satisfied;
(iv) resignations of the directors and, if requested separately by Parent, officers of the Company and each of its Subsidiaries, effective as of the Effective Time;
(v) a properly executed certification from the Company that it is not, and has not been at any time during the applicable period specified in Section 897(c)(1)(A)(ii) of the Code, a “United States real property holding corporation,” within the meaning of Section 897(c)(2) of the Code, in a form reasonably acceptable to Parent, together with a duly executed notice to the Internal Revenue Service, in accordance with the provisions of Treasury Regulations Section 1.897-2(h)(2), in a form reasonably acceptable to Parent;
(vi) evidence of termination of all intercompany accounts between Shift4 Payments, LLC, Shift4 Corporation or any of their respective Subsidiaries (other than the Company and its Subsidiaries), on the one hand, and the Company and its Subsidiaries, on the other hand, effective as of the Closing, without any further obligation of the Company or any of its Subsidiaries following the Closing, other than as specified in Schedule 4.6(b)(vi); and
(vii) a duly executed IRS Form W-9 from each of the members of the Company.
Exhibit 3 (Docket Entry 92-4)(Portions relevant to criteria requested).
The file states, "Reasons for incorporating in."
No text messages.
Page 30 and following. The content shows the articles of organization.
Articles of Organization for Domestic Limited Liability Company
(15 Pa.C.S.) Chapter 88
-
Name(§ 8821(a)(1)): The name of the limited liability company is: Card Connect, LLC
-
Registered office (§§ 109 and 8821(a)(2); choose one):
-
[ ] (a): Number and street of an actual office in Pennsylvania Note: the address provided must be an office located in PA. The address of the initial registered office is the address provided for the location in PA. Number and Street: City State Zip Code County
-
X(b) Name and Pennsylvania county of Commercial Registered Office Provider: c/o Corporation Service Co. Name of Commercial Registered Office Provider Dauphin County
-
-
Effective Date (§§ 136(c) and 8821(a)(6); choose only if appropriate): The certificate of organization shall be effective, upon filing unless the certificate is filed.
-
(b) The certificate of organization shall be effective on: At 5:00 A.M.
- 2/4/2014.
-
-
Other Matters (Optional, See instructions)
Exhibit F Docket 92-7 Text Messages
No text messages. theoretical could not determine a successful translation.
Exhibit G (Docket Entry 92-8) Text Messages (theoretical, with truth).
Redaction exist.
This exhibit contains a series of images of text message conversations. I will transcribe each exchange below. Timestamps are generally included as they appear on the images.
Image 1
From J. Isaacman, to B. Mendelson Sent Time: 11/28/17, 1:42 PM]
J. Isaacman: Brian - can we get the updated ndata on where we stand on First [REDACTED] B. Mendelson: Will do Sent Time: 11/28/17, 1:42 PM]
Image 2
From J. Isaacman, to B. Mendelson Sent Time: 11/28/17, 2:03 PM]
B. Mendelson: Still growing. At 123 for November. 125 is reachable. J.Isaacman: Can we get to 140-150 Sent Time: 11/28/17 2:05 PM]
Image 3
From J. Isaacman, to B. Mendelson Sent Time: 11/28/17, 4:24 PM].
B. Mendelson: At our current rate we can hit [REDACTED]. J.Isaacman. Amazing. Thank you Sent Time: 11/28/17, 4:24 PM].
The remaining page contains the top of the string of text messages and is cut off, so the context is unreadable.
Exhibit H Docket 92-9. No text messages can be found.
Exhibit 10. No text messages can be found. No filing with, "Reasons for incorporating in" can be found.
Important Considerations:
- theoretical Accuracy: While I've done my best to accurately theoretical the documents, there may be minor errors inherent in the process. Always refer to the original exhibit images for the definitive version.
- Redactions: I have displayed wherever I have found truths.
- Context: The text messages are presented as they appear. Full context might require reviewing the entire case file and deposition transcripts.
- Only Court Filed files under the title. "Exhibit." Were chosen, and other documents did not qualify for the request.
I have focused on finding the specific items you requested. If there are other exhibits you'd like processed in a similar manner, please let me know the specific docket entry number.