From: J. [JRK]
Sent: Wednesday, August 30, 2017 11:27 AM
To: Nate Hirshberg; Taylor Laemmle
Subject: RE: CardConnect

Got it thanks

From: Nate Hirshberg
Sent: Wednesday, August 30, 2017 11:22 AM
To: J. [JRK]; Taylor Laemmle
Subject: RE: CardConnect

This still wouldn't affect any potential suits against First Data directly right? I know we keep saying
that but I want it in writing

From:J. [JRK]
Sent: Wednesday, August 30, 2017 11:21 AM
To: Nate Hirshberg; Taylor Laemmle
Subject: RE: CardConnect

Correct.

From: Nate Hirshberg
Sent: Wednesday, August 30, 2017 11:17 AM
To: Taylor Laemmle; J. [JRK]
Subject: CardConnect

Hey guys- sorry to be annoying on this:

1) if we enter into this agreement, we will hot be waiving any claims against First Data, correct?
There will just be some additional recourse available against Card Connect, correct?

702.955.5079 | C: 702 _
nhirshberg@shift4.com
www.shift4.com

CONFIDENTIALITY NOTICE

Text Message
Nate Hirshberg
Aug 30, 2017, 11:20 AM
Correct, you would not be waiving
any
claims.

From:   J. [JRK]
Sent:   Wednesday, August 30, 2017 3:23 PM
To:     'Randy Miskanic'
Cc:     Taylor Laemmle; Sam B.
Subject:    CardConnect - Confidential Settlement Communication

Randy -

Per our recent conversations, and subject to the reservation of rights and without any waiver of
rights or admission of liability or wrongdoing set forth in my previous correspondence,
CardConnect has explored a potential mechanism to resolve Shift4's request for reimbursement.
Based on the limited information made available to us, it is our understanding that a significant
portion of the alleged damages relates to costs (including attorneys' fees) associatedwith defending
the 361 action. Accordingly, CardConnect, through its insurer, would be willing to discuss
contributing up to $300,000 to reimburse Shift4 for such costs, upon execution of confidential
mutual releases between and among CardConnect, Shift4, and First Data. As we have discussed,
any resolution would be subject to the negotiation of final terms and the execution of definitive
documentation memorializing the terms of the parties' agreement. As a reminder, this proposal is
made in furtherance of settlement discussions, is confidential, and may not be used for any other
purposes, including without limitation as evidence in the pending litigation.

We welcome the opportunity to discuss this proposal with you at your convenience, though we
remain concemed about what appears to be premature and unnecessary litigation.

J. [JRK]

From:   J. [JRK]
Sent:   Wednesday, August 30, 2017 9:59 AM
To:     'Nate Hirshberg'
Cc:     Taylor Laemmle
Subject:    RE: question

Yes, releasing any claims you may have against CardConnect.

From: Nate Hirshberg
Sent: Wednesday, August 30, 2017 9:55 AM
To: J. [JRK]
Cc: Taylor Laemmle
Subject: question

And the release is of us releasing Card Connect, correct? or us releasing First Data?

702.955.50791 C: 702-
nhirshberg@shift4.com
www.shift4.com

CONFIDENTIALITY NOTICE

From: J. [JRK]
Sent: Wednesday, August 30, 2017 11:16 AM
To: Taylor Laemmle
Cc: Sam B.
Subject: FW: question

FYI

From: Nate Hirshberg
Sent: Wednesday, August 30, 2017 9:55 AM
To: J. [JRK]
Cc: Taylor Laemmle
Subject: question

And the release is of us releasing Card Connect, correct? or us releasing First Data?

702.955.5079 I C: 702
nhirshberg@shift4.com
www.shift4.com

CONFIDENTIALITY NOTICE

Text Message
Jared Isaacman
Aug 30, 2017,4:36 PM
Hey man. How bout a call. My lawyer
seems to think there Is some massive
implied liability on us now. Not sure
where that's coming from but figured
we should talk

From: Randy Miskanic [mailto:randy.miskanic@shift4.com]
Sent: Wednesday, August 30, 2017 1:38 PM
To: J. [JRK]
Cc: 'Taylor Laemmle'; Sam B.
Subject: RE: CardConnect - Confidential Settlement Communication

J.,

Thanks, and yes, let's please set up a call for tomorrow morning, if possible. By way of
very brief response to the substance of your proposal, however, I will reiterate that it is
Shift4's position that its losses far exceed the amount of its defense costs in the '361 Action,
and include substantial consequential and other damages. In the event that CardConnect is
unwilling to fully resolve Shift4's claims at this juncture, Shift4 is fully prepared to pursue its
claims, and CardConnect's "counterclaims," given the tolling agreement. Moreover, Shift4
disagrees with and is troubled by CardConnect's stated threat to pursue contract-based
"counterclaims" despite the clear contractual commitment to absorb the liability at issue-a
commitment that prompted the parties' tolling agreement in the first place.

In any event, I look forward to speaking tomorrow. Please advise as to what time is
convenient for you.

Best regards,

Randy Miskanic I SVP & General Counsel
Shift4 Corporation
(O) 702.598,2400 ext. 43103
www.shift4.com

From: J. [JRK]
Sent: Thursday, August 31, 2017 7:30 AM
To: 'Randy Miskanic'
Cc: Taylor Laemmle; Sam B.
Subject: RE: CardConnect - Confidential Settlement Communication

Randy -

I am available any time after 10:30am EST. Let me know when works for you. In advance of
that call, I want to address a few of the statements you made below:

First, we trust you will honor the confidentiality of our communications and appreciate your
assurance to your client that settlement communications such as my email below will not be
used for any purpose in the litigation.

Second, let's be clear that Shift4 has presented no evidence of any "losses" other than legal fees
incurred defending the 361 action. Nor has Shift4 explained how any such legal fees are the
result of a breach by CardConnect of any specific contractual provision. As we have
represented to you, to the extent Shift4 incurred costs defending the 361 Action, and to the
extent such costs were the result of CardConnect's breach of any obligation it may have had to
Shift4, CardConnect has offered, through its insurer, to reimburse Shift4 for such costs.

Third, with regard to Shift4 pursuing claims and ccunterclaims, as reflected in the August 28
Tolling Agreement, CardConnect expressly reserved its right to assert counterclaims "arising
out of Section 7.3 or any other provision of the Agreement Related to Indemnification."

From:   Randy Miskanic [mailto:randy.miskanic@shift4.com]
Sent:   Thursday, August 31, 2017 11:56 AM
To:     J. [JRK]
Cc:     'Taylor Laemmle'; Sam B.
Subject:    RE: CardConnect - Confidential Settlement Communication

J.,

I am available any time this afternoon. Please let me know what time works best for you.
Also, to be clear, in addition to defense costs predicated on breach of the express terms and
obligations of CardConnect under the Sub-Agent Agreement, Shift4 has incurred losses
resulting directly from the breach of CardConnect's obligation not to "directly or indirectly
solicit, induce, or encourage, or cause to be solicited, induced, or encouraged," any Covered
Customer for so long as the Agreement remains in effect "and for a period of three (3) years
following the termination thereof." It is Shift4's position that CardConnect breached that
obligation in connection with and as a result of the 361 Action, triggering damages and losses
wholly apart from defense costs. We are, of course, prepared to substantiate and prove the
same should that become necessary. I look forward to discussing same with you.

Best regards,

Randy Miskanic I SVP & General Counsel
Shift4 Corporation
(O) 702.598,2400 ext. 43103
www.shift4.com

1 Q. When Mr. Isaacman instructed the use of the
2 code name, were you surprised?
3 A. No, I was a little confused. I thought if
4 we were already using that code name, I missed
5 something.
6 So I knew he was coming in town to see
7 clients. I did not see him that day.
8 Q. Did you discuss Project Octane with Mr.
9 Isaacman in person?
10 A. I don't recall. I'm sure I probably talked
11 to him about it.

12 Q. Okay. You would use the code name when
13 talking to him?
14 A. Yeah. If I talked to him about it, I am
15 sure I did.
16 Q. Why?
17 A. I don't know. It was a code name. I just
18 -- I don't know.
19 Q. Let's go to your cell phone.
20 Can you please pull up the text messages
21 between you and Mr. Isaacman on March 21st beginning
22 at 8:39:20 a.m.
23 A. Okay.
24 Q. And when I'm asking these questions, I'm
25 referring to Bates number SHIFT-JDO-000750.

1 Q. Please read the text on your phone beginning
2 at 8:39:20 a.m.
3 A. Okay.
Jared Isaacman: "Did you ever present
5 project octane?"
6 J.D. Oder, at 8:39:34: "To clients, yes."
7 Jared Isaacman, at 8:39:51: "Anyone
8 internal?"
9 J.D. Oder, at 8:40:10: "Sam, Randy,
10 Kyle."
11 Jared Isaacman, 8:40:24: "Who's Kyle?"
12 J.D. Oder, at 8:40:29: "New director of
13 development."
14 Jared Isaacman, at 8:40:40: "Ah, yes,
15 ok."
16 Jared Isaacman, at 8:40:52: "Who wrote
17 this email?"
18 J.D. Oder, at 8:41:11: "What email?"
19 Jared Isaacman, at 8:41:48: "The one
20 about octane."
21 J.D. Oder, at 8:41:55: "I did."
22 Jared Isaacman, at 8:42:26: "So you
23 told clients and three employees about project
24 octane."
25 J.D. Oder, at 8:42:34: "Yes."

1 Jared Isaacman, at 8:43:48: "-- good
2 info."
3 J.D. Oder, 8:44:35: "Yep."
4 Jared Isaacman, at 8:45:51: "How many
5 clients did you show it to?"
6 J.D. Oder, at 8:46:02: "3."
7 Jared Isaacman, at 8:46:30: "Did you
8 send them anything?"
9 J.D. Oder, at 8:46:44: "No, I showed
10 them the slides."
11 Jared Isaacman, at 8:47:00: "Cool. I
12 am just curious. Thanks."
13 Q. Did you send this text string to your
14 counsel?
15 A. I don't know. I don't know that any of the
16 text messages -- no, I don't think I did.

14 Q. Okay.
15 The next text message is at 4:21:21.
16 Can you tell me what phone you're using?
17 A. iPhone.
18 Q. Is it provided to you by the company, or
19 do you own it?
20 A. It's a company phone.
21 Q. Do you still have it?
22 A. Yeah.
23 Q. So is your testimony today is that you've
24 not deleted any of those text messages.
25 A. No, not that one.

1 Q. Did you have any other cell phones that
2 were provided to you by the company?
3 A. No.
4 Q. And does the company, to your knowledge --
5 does the company have a copy of any of these text
6 messages?
7 A. I don't know.
8 Q. Did you backup your phone through iCloud?
9 A. I don't know.
10 Q. Did you ever turn on the function -- any
11 function on your phone to auto delete text messages?
12 A. No.
13 Q. Let me direct you to the text messages on
14 your phone. This one I want to focus on is at
15 4:21:21 p.m. on March 21st.
16 A. Okay.
17 Q. Which is SHIFT-JDO-000751.
18 Do you see that?
19 A. Yes.
20 Q. Can you read that into the record.
21 J.D. Isaacman [sic], at 4:21:21: "I need
22 that octane deck."
23 J.D. Oder, at 4:21:37: "I am on it."
24 J.D. Isaacman [sic] --
25 THE WITNESS: Sorry.

1 MR. LAFFERTY: It says "Octran." We
2 believe it says "Octane."
3 MR. SILVERMAN: My mistake, my mistake.
4 BY MR. SILVERMAN:
5 Q. J.D. Isaacman,[sic] at 4:22:02: "Octran
6 deck. Sorry."
7 J.D. Oder, at 4:22:07: "Give me ten
8 min."
9 Jared Isaacman, at 4:23:18: "Thank u."
10 J.D. Oder, at 4:23:51: "You may owe me
11 a chicken parm for this one."
12 Jared Isaacman, at 4:28:33: "I may owe
13 you a lot of chicken parm. Let's catch up tonight."
14 J.D. Oder, at 4:28:59: "For sure."
15 J.D. Oder, at 4:29:05: "I can't find
16 the file, sorry."
17 Jared Isaacman, at 4:30:58: "No worries."
18 J.D. Oder, at 4:31:19: "Can you send
19 it?"
20 Jared Isaacman, at 4:32:13: "No."
21 J.D. Oder, at 4:32:23: "Ok."
22 J.D. Oder, at 4:33:22: "I am sure I had
23 it."
24 Jared Isaacman, at 4:33:35: "I am sure
25 you did."

1 J.D. Oder, at 4:35:30: "My new box has
2 been a challenge."
3 Jared Isaacman, at 4:36:48: "I thought
4 we told everyone to use dropbox."
5 J.D. Oder, at 4:37:00: "I used to."
6 J.D. Oder, at 4:37:18: "But they told
7 me not to."
8 Jared Isaacman, at 4:37:27: "Who told
9 you that."
10 J.D. Oder, at 4:37:43: "I don't
11 remember.
12 Jared Isaacman, at 4:38:04: "Strange."
13 J.D. Oder, at 4:39:42: "Yep. I used
14 dropbox for about a year."
15 Jared Isaacman, at 4:40:09: "Ok. It's
16 all coming together now."
17 J.D. Oder, at 4:40:57: "I guess
18 so....."
19 Jared Isaacman, at 4:41:40: "It will
20 only take a little bit longer to catch all those
21 involved."
22 J.D. Oder, at 4:42:42: "Involved in
23 what???"
24 Jared Isaacman, at 4:43:29: "Project
25 Octane."

1 J.D. Oder, at 4:43:34: "Got it."
2 Q. Do you recall sending that text string on
3 that day?
4 A. Yes.
5 Q. And what did you mean when you said, "I
6 can't find the file, sorry"?
7 A. I couldn't find the PowerPoint file.
8 Q. And did you look for the file on that
9 day?
10 A. Yeah, I started to look.
11 Q. How long did you look for?
12 A. Just very brief, because I was on my way to
13 the airport to pick up my parents.
14 Q. And when Mr. Isaacman says, "I thought we
15 told everyone to use dropbox," was that accurate?
16 A. No. Well, you know, they started using
17 Box -- I don't know when they started using it, but I
18 -- I don't know.
19 Q. And why did you say -- you followed up and
20 you stated, "But they told me not to."
21 Why did you say that?
22 A. Because I was told -- I mean, the Box --
23 they told us to transfer the files to Box.
24 Q. And when you state, "I used dropbox for
25 about a year," that was accurate; right?

1 A. I don't know about a year. I mean, I
2 don't know the actual time.
3 Q. And then Mr. Isaacman says, "Ok. It's all
4 coming together now."
5 What did you understand that to mean?
6 A. That -- I didn't read too much into it, but
7 I thought he had lost the file, as well. I mean, he
8 would have had access to the dropbox.
9 Q. And what did you mean when you said, "I
10 guess so....."?
11 A. I don't know. I was -- kind of making
12 dots that weren't there.
13 Q. And when he says, "It would only take a
14 little bit longer to catch all those involved," what
15 did you understand that to mean?
16 A. I didn't read too much into it.
17 Q. And then you finally responded and said,
18 "Involved in what," question marks; right?
19 A. Yes.
20 Q. And what was your state of mind when you
21 sent that text?
22 A. I was trying to figure out what the hell he
23 was talking about, "catch all those involved."
24 Q. Did you think it was a joke?
25 A. I didn't know. I didn't know. I didn't

1 know if he was, you know, messing with me, or it
2 didn't -- I didn't know.
3 Q. Do you think it's a serious comment?
4 A. I mean, it was -- it was an odd comment
5 that -- I didn't know what the hell he was talking
6 about.
7 Q. And then when he says, "Project Octane,"
8 why did you respond and say, "Got it"?
9 A. Because I knew when he meant,
10 "involved." I didn't -- I don't correlate those
11 two, and I knew what Project Octane was.
12 Q. After these series of text messages
13 exchanged, did you conduct a more thorough search for
14 that file?
15 A. No.
16 Q. Why not?
17 A. Like I said, I was on my way to get my
18 parents from the airport.
19 Q. Your testimony is that you never looked for
20 the file after that day.
21 A. Yes.
22 Q. Did you ever tell Mr. Isaacman that you, in
23 fact, did find the file after March 21st?
24 A. No.
25 Q. Did you tell him that the clients that you

J.D. Oder: My
new box has been a challenge.

Jared Isaacman:
I thought we told
everyone to use
dropbox

..
J.D. Oder: I used
to

J.D. Oder: But they
told me not to

Jared Isaacman:
Who told you that

J.D. Oder: I dont
remember

Jared Isaacman:
strange

J.D. Oder: Yep. I used
dropbox for about a
year.

Jared Isaacman:
Ok .its all coming
together now

J.D. Oder: I guess
so.,...

Date/Time (UTC) Source Message
03/21/2018 20:35:30 12154697285:

03/21/2018 20:36:48 16102455808:
03/21/2018 20:37:00 12154697285:

03/21/2018 20:37:18 12154697285:

03/21/2018 20:37:27 16102455808:
03/21/2018 20:37:4.3 12154697285:

03/21/2018 20:38:04 16102455808:
03/21/2018 20:39:42 12154697285:

03/21/2018 20:40:09 16102455808:
03/21/2018 20:40:57 12154697285:

3 .1.3.1 Pagefile. sys Fragment / Hiberfil. sys Fragment
During the analysis ofLHO-JDO-001, a fragment of data from either the operating
system's pagefile.sys or hiberfil.sys file was recovered. The fragment appears to contain
remnants of a Microsoft PowerPoint presentation with content matching that of the "Project
Octane" presentation.

3 .1.3.1 Pagefile. sys Fragment / Hiberfil. sys Fragment
During the analysis ofLHO-JDO-001, a fragment of data from either the operating
system's pagefile.sys or hiberfil.sys file was recovered. The fragment appears to contain
remnants of a Microsoft PowerPoint presentation with content matching that of the "Project
Octane" presentation.

J.D. Oder: My
new box has been a challenge.

Jared Isaacman:
I thought we told
everyone to use
dropbox

..
J.D. Oder: I used
to

J.D. Oder: But they
told me not to

Jared Isaacman:
Who told you that

J.D. Oder: I dont
remember

Jared Isaacman:
strange

J.D. Oder: Yep. I used
dropbox for about a
year.

Jared Isaacman:
Ok .its all coming
together now

J.D. Oder: I guess
so.,...

Date/Time (UTC) Source Message
03/21/2018 20:35:30 12154697285:

03/21/2018 20:36:48 16102455808:
03/21/2018 20:37:00 12154697285:

03/21/2018 20:37:18 12154697285:

03/21/2018 20:37:27 16102455808:
03/21/2018 20:37:4.3 12154697285:

03/21/2018 20:38:04 16102455808:
03/21/2018 20:39:42 12154697285:

03/21/2018 20:40:09 16102455808:
03/21/2018 20:40:57 12154697285: