From: Steve Hirsh
To: JRT

[REDACTED]

...t. You're fighting battles u shouldn't b...

7/21/19, 4:17 PM
From JRT
To: Steve Hirsh

[REDACTED]

Got it. Makes [illegible].

8/2/19, 4:17 PM
From: Steve Hirsh
To: JRT

[REDACTED]

...e w *RK and you don't protect us...

8/2/19, 4:22 PM
From: JRT
To: Steve Hirsh

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Absolutely no one doe...

8/7/19, 1:07 PM
From: Steve Hirsh
To: JRT

[REDACTED]

...Jared isn't your buddy. He doesn't car...

8/7/19, 1:10 PM
From:JRT
To: Steve Hirsh

[REDACTED]

My job is to do what is...

15 A All right.
16 Q By the way, this -- the meeting that we
17 talked about was scheduled at a restaurant in Nevada?
18 A That's correct.
19 Q Okay. And that was a private meeting?
20 A Yes.
21 Q It was at a restaurant, though?
22 A Correct.
23 Q But it was in like a private room?
24 A Yes.
25 Q And the -- the attendees were

1 representatives of Shift4 and representatives of
2 CardConnect?
3 A Correct.
4 Q And to your understanding, was that a
5 settlement -- was that a meeting to discuss settlement
6 negotiations?
7 A It was not a settlement negotiation meeting.
8 Q Okay. What was discussed at the meeting?
9 A The current state of the business.
10 Q And did -- anything else?
11 A That it was -- to my recollection, that's it.
12 Q Is that the date on which you gave Mr. Isaacman
13 your personal guarantee?
14 A I did not catch the question.
15 Q Is that the -- the date of the meeting in
16 Nevada, is that the date on which you gave Mr. Isaacman
17 your personal guarantee of CardConnect's performance?
18 A No.
19 Q When did you give that personal guarantee?
20 A I don't have the exact date. It was in and
21 around that time frame.
22 Q Was it after the meeting?
23 A I believe it was after the meeting, yes.
24 Q Were there any discussions at the meeting
25 about a personal guarantee?

1 A I don't recall.
2 Q Was there ever a time when you discussed with
3 Mr. Isaacman a personal guarantee of yours of
4 CardConnect's performance?
5 A Yes.
6 Q When was that?
7 A I don't have the exact date. It was in and
8 around this time frame. We had had a couple
9 meetings prior. We went to dinner several times, and
10 on -- there was a point in time where he asked if I
11 would personally guarantee the contract.
12 Q Okay. And during what meeting was that?
13 A That was not during a meeting.
14 Q Okay.
15 A It was after a meeting.
16 Q Okay. And was it after this, the meeting in
17 Nevada?
18 A I don't recall exactly, but I believe so.
19 Q Okay. And where did -- where was it where he
20 asked about that personal guarantee relative to the
21 meeting, if you recall?
22 A I believe it was at a restaurant in
23 Philadelphia. Actually no, it was -- oh, I'm sorry,
24 let me restate that. We had -- we were leaving, and he
25 had asked me at -- I believe it was the hotel we were

1 staying at.
2 Q Okay.
3 A In Philadelphia.
4 Q And what did you say?
5 A I said I would do it.
6 Q Just like that?
7 A Yes.
8 Q What did he say?
9 A I want to make sure I get this. He
10 essentially said, it's a big deal. We never -- we
11 rarely do this. This is something -- this is
12 different. Will you back it? Will you guarantee
13 that we're going to do that? And I said yes.
14 Q Okay.
15 A I said, I will -- I absolutely will honor the
16 contract.
17 Q What did he say?
18 A I said, it's going to be different. He said,
19 is that a promise? I said, absolutely, it's a
20 promise.
21 Q Okay. Did you say --
22 A And let me -- I told him, if we don't perform, I
23 will give you -- I said, I don't want to just promise.
24 I'm going to -- I will provide to you in writing that
25 if we -- if we don't meet the obligations of the

1 contract, I will step in and return any monies that
2 were provided to CardConnect.
3 Q And did you make any statements to the effect
4 of, if CardConnect --
5 MR. SWERDLOW: Objection; leading.
6 Q (BY MR. HIRSH) -- doesn't perform?
7 A Yes.
8 Q And what kind of obligations were you referring
9 to?
10 A The -- the -- so, there were termination for
11 convenience fees in the agreement.
12 Q Uh-huh.
13 A If we -- if we did not stay and decided to
14 leave, I would pay any termination for convenience
15 fees back, even though it's not in -- even though it's
16 not -- I didn't have any obligation to.
17 Q Okay.
18 A And I would make sure that any -- any funding
19 payments provided would be returned.
20 Q Okay. What else?
21 A That's what I recall.
22 Q Okay. And at that time did you discuss your
23 net worth with Mr. Isaacman?
24 A Did not. Absolutely did not.
25 Q Did you discuss any of your personal wealth?

1 A No.
2 Q Okay.
3 A Not at all.
4 Q He just told you, asked you if you would give a
5 personal guarantee of CardConnect's performance, and
6 you said sure?
7 A That's correct.
8 Q He wasn't concerned with your ability to
9 satisfy a guarantee?
10 A We -- we did not talk about the ability -- he
11 didn't know my financial ability at that time.
12 Q Okay. Did he ever follow up at any point,
13 either that day or any other day, about your net worth
14 or financial ability?
15 A Not at all.
16 Q Okay. Did you ever speak to him about why you
17 were hesitant to enter into a written agreement with
18 respect to a personal guarantee of CardConnect's
19 performance?
20 A We didn't discuss. I mean, he -- I provided a
21 guarantee.
22 Q Well, you provided an oral guarantee, right?
23 A It was oral and in writing.
24 Q Okay.
25 A We followed up in writing.

1 Q When did you follow up in writing?
2 A I believe it was in a text shortly after that
3 conversation.
4 Q Do you have that text?
5 A I don't have it.
6 Q Do you have any documentation about that
7 written personal guarantee?
8 A I do not have it.
9 Q You did not furnish it to your counsel,
10 correct?
11 A That's correct.
12 Q Okay. And there's no written agreement as to
13 that personal guarantee, correct?
14 A That's correct.
15 Q Is that something you've -- you did not want to
16 do, you didn't want to enter into a written agreement
17 with respect to a personal guarantee?
18 A I told him I would -- I provided the guarantee
19 on the phone, and I told him in a text message, which
20 I don't have, that I would honor the guarantee, and
21 that was it.
22 Q Why didn't you want to do a written agreement
23 for a personal guarantee?
24 MR. SWERDLOW: Objection to the form.
25 THE WITNESS: I don't know.