EFTA01143255Set 9
2012-09-1050p8,579w
FOUNDATION MEDICINE, INC.
THIRD AMENDED AND RESTATED STOCKHOLDERS' VOTING AGREEMENT
September 10, 2012
EFTA01143255
Table of Contents
I. Agreement to Vote 1
2. Election of Directors
3. Vote to Increase ... Entire Agreement 12
19. Counterparts; Facsimile 12
EFTA01143256
FOUNDATION MEDICINE, INC.
THIRD AMENDED AND RESTATED STOCKHOLDERS' VOTING AGREEMENT
THIS THIRD AMENDED AND RESTATED STOCKHOLDERS' VOTING
AGREEMENT (this "Agreement") is made ... Series B Preferred Stock");
WHEREAS, the Company has filed a Fifth Amended and Restated Certificate of
Incorporation (as it may be amended and/or restated from time to time, the "Restated
https://www.justice.gov/epstein/files/DataSet%209/EFTA01143255.pdf
EFTA01395162Set 10
2018-04-11132p33,160w
GLDUS143 Henry Nicholas
Execution Version
Proprietary and Confidential
AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT
OF
GLENDOWER ACCESS SECONDARY OPPORTUNITIES IV (U.S.), L.P.
(A Delaware Limited Partnership)
Dated as of April ... GLENDOWER ACCESS
SECONDARY OPPORTUNITIES IV (U.S.), L.P. (THE "PARTNERSHIP") REPRESENTED BY
THIS
AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT HAVE NOT BEEN
REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED ... INDEFINITE PERIOD OF TIME.
EXCEPT AS OTHERWISE PROVIDED IN THIS AMENDED AND RESTATED LIMITED
PARTNERSHIP AGREEMENT, A LIMITED PARTNER MAY NOT SELL, ASSIGN, TRANSFER,
PLEDGE OR OTHERWISE DISPOSE
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01395162.pdf
EFTA01442234Set 10
2018-04-11132p33,224w
GLDUS139 Third Lake Capital
Execution Version
Proprietary and Confidential
AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT
OF
GLENDOWER ACCESS SECONDARY OPPORTUNITIES IV (U.S.), L.P.
(A Delaware Limited Partnership)
Dated ... GLENDOWER ACCESS
SECONDARY OPPORTUNITIES IV (U.S.), L.P. (THE "PARTNERSHIP") REPRESENTED BY
THIS
AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT HAVE NOT BEEN
REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED ... INDEFINITE PERIOD OF TIME.
EXCEPT AS OTHERWISE PROVIDED IN THIS AMENDED AND RESTATED LIMITED
PARTNERSHIP AGREEMENT, A LIMITED PARTNER MAY NOT SELL, ASSIGN, TRANSFER,
PLEDGE OR OTHERWISE DISPOSE
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01442234.pdf
EFTA01397668Set 10
2018-04-11132p33,160w
GLDUS141 Greg Martin
Execution Version
Proprietary and Confidential
AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT
OF
GLENDOWER ACCESS SECONDARY OPPORTUNITIES IV (U.S.), L.P.
(A Delaware Limited Partnership)
Dated as of April ... GLENDOWER ACCESS
SECONDARY OPPORTUNITIES IV (U.S.), L.P. (THE "PARTNERSHIP") REPRESENTED BY
THIS
AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT HAVE NOT BEEN
REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED ... INDEFINITE PERIOD OF TIME.
EXCEPT AS OTHERWISE PROVIDED IN THIS AMENDED AND RESTATED LIMITED
PARTNERSHIP AGREEMENT, A LIMITED PARTNER MAY NOT SELL, ASSIGN, TRANSFER,
PLEDGE OR OTHERWISE DISPOSE
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01397668.pdf
EFTA01440323Set 10
2018-04-11132p33,160w
GLDUS138 Ian Slome
Execution Version
Proprietary and Confidential
AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT
OF
GLENDOWER ACCESS SECONDARY OPPORTUNITIES IV (U.S.), L.P.
(A Delaware Limited Partnership)
Dated as of April ... GLENDOWER ACCESS
SECONDARY OPPORTUNITIES IV (U.S.), L.P. (THE "PARTNERSHIP") REPRESENTED BY
THIS
AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT HAVE NOT BEEN
REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED ... INDEFINITE PERIOD OF TIME.
EXCEPT AS OTHERWISE PROVIDED IN THIS AMENDED AND RESTATED LIMITED
PARTNERSHIP AGREEMENT, A LIMITED PARTNER MAY NOT SELL, ASSIGN, TRANSFER,
PLEDGE OR OTHERWISE DISPOSE
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01440323.pdf
EFTA01443654Set 10
2018-04-11132p33,160w
GLDUS128 Patrick Gerschel
Execution Version
Proprietary and Confidential
AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT
OF
GLENDOWER ACCESS SECONDARY OPPORTUNITIES IV (U.S.), L.P.
(A Delaware Limited Partnership)
Dated as of April ... GLENDOWER ACCESS
SECONDARY OPPORTUNITIES IV (U.S.), L.P. (THE "PARTNERSHIP") REPRESENTED BY
THIS
AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT HAVE NOT BEEN
REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED ... INDEFINITE PERIOD OF TIME.
EXCEPT AS OTHERWISE PROVIDED IN THIS AMENDED AND RESTATED LIMITED
PARTNERSHIP AGREEMENT, A LIMITED PARTNER MAY NOT SELL, ASSIGN, TRANSFER,
PLEDGE OR OTHERWISE DISPOSE
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01443654.pdf
EFTA01143227Set 9
2009-11-1228p14,087w
DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT
COPY OF THE RESTATED CERTIFICATE OF "FOUNDATION MEDICINE, INC.",
FILED IN THIS OFFICE ON THE TENTH DAY OF SEPTEMBER ... 09/10/2012
FILED I2:34 PM 09/10/2012
SIN 121013684 - 4725817 FILE
FIFTH AMENDED AND RESTATED CERTIFICATE OF INCORPORATION
OF
FOUNDATION MEDICINE, INC.
Foundation Medicine, Inc. (the "Corporation"), a corporation organized ... Certificate") under the name Foundation Genomics, Inc. The
Certificate was amended and restated on March 29, 2010 (the "Amended and Restated
Certificate of incorporation"), as amended by a Certificate
https://www.justice.gov/epstein/files/DataSet%209/EFTA01143227.pdf
EFTA02707722Set 11
2002-12-3036p12,965w
otherwise.
D. "Loan Documents" shall have the meaning set forth in the
Amended and Restated Promissory Note dated the date hereof (the "Note"), from
Borrower to the Bank ... Name:
Title:
nod: NW:370505 _I
EFTA_R1_02106639
EFTA02707730
Consolidated, Amended and Restated Promissory Note
Date: June 10, 2003 Amount: $30,000,000.00
Amended and Restated Date: April ... Amended and Restated Amount: $30,000,000.00
Amended and Restated Date: May 31, 2006 Amended and Restated Amount: $50,000,000.00
Amended and Restated Date: June 15, 2006 Amended
https://www.justice.gov/epstein/files/DataSet%2011/EFTA02707722.pdf
EFTA01117942Set 9
2014-02-1455p12,035w
Shares have the rights, preferences, privileges and restrictions
set forth in the Amended and
Restated Articles of Incorporation of the Company, in the form
attached hereto as Exhibit ... Restated Arfides').
1.2 Sale and Purchase of the Shares. Subject to the terms and
hereof, at the Initial Closing (as hereinafter defined), the Comp conditions
any shall issue and sell ... Capitalization; Voting Rights.
(a) Immediately prior to the Initial Closing, following the filing
Restated Articles, the Company's authorized capital stock will of the
consist
https://www.justice.gov/epstein/files/DataSet%209/EFTA01117942.pdf
EFTA01204470Set 9
2014-03-0530p10,376w
EXECUTION VERSION
SECOND AMENDED AND RESTATED EXCHANGE AGREEMENT
SECOND AMENDED AND RESTATED EXCHANGE AGREEMENT (the
"Agreement"), dated as of March 5, 2014, among Apollo Global Management, LLC, a Delaware
limited ... Holdings IX, L.P. and AMH
Holdings (Cayman), L.P. entered into that certain Amended and Restated Exchange Agreement
dated as of May 6, 2013 (the "Amended & Restated Exchange Agreement ... desire to
enter into this Agreement to amend and restate the Amended & Restated Exchange Agreement in
its entirety as more fully set forth below;
NOW, THEREFORE, in consideration
https://www.justice.gov/epstein/files/DataSet%209/EFTA01204470.pdf
EFTA00286999Set 9
2011-06-1633p10,274w
Shares have the rights, preferences, privileges and restrictions set forth in the Amended and
Restated Articles of Incorporation of the Company, in the form attached hereto as Exhibit ... Restated Articles").
1.2 Sale and Purchase of the Shares. Subject to the terms and conditions
hereof, at the Initial Closing (as hereinafter defined). the Company shall issue and sell ... execute and deliver this Agreement,
2.
1221982 viSiSF
EFTA00287001
the Sixth Amended and Restated Investor Rights Agreement attached hereto as Exhibit C (the
"Investor Rights Agreement), the Fourth Amended
https://www.justice.gov/epstein/files/DataSet%209/EFTA00286999.pdf
EFTA01120938Set 9
2011-06-1633p10,274w
Shares have the rights, preferences, privileges and restrictions set forth in the Amended and
Restated Articles of Incorporation of the Company, in the form attached hereto as Exhibit ... Restated Articles").
1.2 Sale and Purchase of the Shares. Subject to the terms and conditions
hereof, at the Initial Closing (as hereinafter defined). the Company shall issue and sell ... execute and deliver this Agreement,
2.
1221982 viSiSF
EFTA01120940
the Sixth Amended and Restated Investor Rights Agreement attached hereto as Exhibit C (the
"Investor Rights Agreement), the Fourth Amended
https://www.justice.gov/epstein/files/DataSet%209/EFTA01120938.pdf
EFTA02698238Set 11
2011-03-0934p8,295w
ALIPHCOM
FOURTH AMENDED AND RESTATED VOTING AGREEMENT
THIS FOURTH AMENDED AND RESTATED VOTING AGREEMENT (the "Agreement) is
made and entered into as of this 16th day of June ... Preferred Stock");
WHEREAS, the Prior Investors are parties to the certain Third Amended and Restated
Voting Agreement dated March 9, 2011, by and among the Company, the Prior Investors ... certain of the Key Holders (the "Prior Agreement');
WHEREAS, the Company's Amended and Restated Articles of Incorporation, as may be
amended from time to time (the "Restated Articles") provide
https://www.justice.gov/epstein/files/DataSet%2011/EFTA02698238.pdf
EFTA01199647Set 9
2014-02-0639p15,944w
claim for relief based upon
malicious prosecution or abuse of process. See Comment (a), Restatement of Torts, supra, § 587
California -- Hogen v. Valley Hosp., 147 Cal.App.3d 119, 195 Cal.Rptr ... absolute privilege when that
conduct satisfies the elements of wrongful initiation. See Restatement at § 587, comment a
(absolute privilege does not apply to claim for wrongful initiation of civil proceedings/malicious ... litigation privilege
is so widely-accepted that it has been explicitly recognized in the Restatement (Second) of Torts
as conventional tort theory. The Restatement begins by noting the existence
https://www.justice.gov/epstein/files/DataSet%209/EFTA01199647.pdf
EFTA01115246Set 9
2003-06-107p2,720w
Consolidated, Amended and Restated Promissory Note
Date: June 10, 2003 Amount: $30,000,000.00
Amended and Restated Date: April 2, 2004 Amended and Restated Amount: $30,000,000.00
Amended ... Restated Date: May 31, 2006 Amended and Restated Amount: $50,000,000.00
Amended and Restated Date: June 15, 2006 Amended and Restated Amount: $100,000,000.00
Amended and Restated Date ... March 9, 2011 Amended and Restated Amount: $125,000,000.00
Amended and Restated Date: July 31, 2012 Amended and Restated Amount: $250,000,000.00
Amended and Restated Date: July
https://www.justice.gov/epstein/files/DataSet%209/EFTA01115246.pdf
EFTA00018778Set 8
2020-09-0155p15,251w
Defendant The 1953 Trust ("The Trust") was created by Epstein, who "amended
and restated" its terms only two days before his suicide. That same day, Epstein revised his Last
Will ... CICO"),
14 V.I.C. § 600 et seq.; and 14 V.I.0 §133
115. The Government restates and realleges paragraphs 1 to 115 of this Complaint as if
fully set forth herein ... Organizations Act
14 V.I.C. § 600 et seq. and 14 V.I.0 §133
121. The Government restates and realleges paragraphs 1-120 of this Complaint as if
fully set forth herein
https://www.justice.gov/epstein/files/DataSet%208/EFTA00018778.pdf
EFTA01127773Set 9
2007-06-0737p8,996w
Partnership
Apollo Management(L.P. Judah Investment Trust A AIF III Management, Inc. Amended and Restated Limited Section 6.3
Partnership Agreement dated as
of March 17, 1995
Apollo Management ... Judah Investment Trust B AIF IV Management, Inc. Amended and Restated Limited Section 6.3
Partnership Agreement dated as
of April 21, 1998
Apollo Management V, L.P. ' Judah Investment Trust ... Management, Inc. Amended and Restated Limited Section 6.3
Partnership Agreement dated as
of October 26, 2000
Judah Investment Trust 13 ALF VI Management, LLC Third Amended and Restated Section
https://www.justice.gov/epstein/files/DataSet%209/EFTA01127773.pdf
EFTA00104216Set 9
2019-08-1049p12,907w
Defendant, The 1953 Trust ("The Trust") was created by Epstein, who "amended
and restated" its terms only two days before his suicide. That same day, Epstein revised his Last
Will ... CICO"),
14 V.I.C. § 600 et seq.; and 14 V.I.0 §133
101. The Government restates and realleges paragraphs 1 to 100 of this Complaint as if
fully set forth herein ... Organizations Act
14 V.I.C. § 600 et seq. and 14 V.I.0 §133
107. The Government restates and realleges paragraphs 1-106 of this Complaint as if
fully set forth herein
https://www.justice.gov/epstein/files/DataSet%209/EFTA00104216.pdf
EFTA00086802Set 9
2019-08-1049p12,929w
Defendant, The 1953 Trust ("The Trust") was created by Epstein, who "amended
and restated" its terms only two days before his suicide. That same day, Epstein revised his Last
Will ... CICO"),
14 V.I.C. § 600 et seq.; and 14 V.I.0 §133
101. The Government restates and realleges paragraphs I to 100 of this Complaint as if
fully set forth herein ... Organizations Act
14 V.I.C. § 600 et seq. and 14 V.I.0 §133
107. The Government restates and realleges paragraphs 1-106 of this Complaint as if
fully set forth herein
https://www.justice.gov/epstein/files/DataSet%209/EFTA00086802.pdf
EFTA01107056Set 9
2011-06-1639p13,028w
ALIPHCOM
SIXTH AMENDED AND RESTATED
INVESTOR RIGHTS AGREEMENT
THIS SIXTH AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT (the "Agreement')
is made as of June 16, 2011 by and among ALIPHCOM ... Preferred");
WHEREAS, the Prior Investors are parties to that certain Fifth Amended and Restated Investor
Rights Agreement dated as of March 9, 2011, by and among the Company ... forth below; and
WHEREAS, the parties to such Prior Agreement desire to amend and restate the Prior
Agreement and to accept the rights and covenants hereof in lieu of their
https://www.justice.gov/epstein/files/DataSet%209/EFTA01107056.pdf