Deborah

Dear Noam,

Richard has requested that I speak with Max regarding some issues that Max raised to him today and that we have discussed. Are you in agreement? Thanks, Deborah

Deborah,

Noam has decided to replace Max with Lawrence Krauss, a friend and highly respected scientist, as trustee. As we discussed if Harry agrees, this should put the current issue to rest. He would like Gene Landy to recommend a person re a lawsuit against Bain, but I thought the first step and Noam agreed would be a call to Bain from you in the hopes of a settlement. If he has to file a lawsuit he understands he will need a different firm as Gene said he thought your firm had a conflict. Thanks for your help. I certainly want none of these steps to impede the delivery of the account statements. Thx

Richard Kahn
HBRK Associates Inc.
575 Lexington Avenue, 4th Floor
New York, NY 10022

Dear Richard,

Lawrence Krauss will not qualify as an independent trustee to replace Max unless he qualifies under the terms of the trust. The trust provides as follows in paragraph 8.2(a) on page 5:

"An independent trustee is an individual or institution who has no beneficial interest in the trust, who is a professional trustee, investment advisor or manager, investment banker, accountant or lawyer, and who is not related or subordinate to my husband or any of my children as defined in section 72(c) of the Internal Revenue Code."

Please give some consideration to naming a successor who qualifies as a professional trustee. A bank or trust company with trust powers, rather than an individual, may be ideal in this situation especially as there is a risk of a lawsuit by the remainder beneficiaries against the independent trustee after Noam's passing. Again, an interview process for a change such as this one is important and should not be rushed.

With regard to the Bainco claim, I am not qualified to negotiate a settlement in this matter. I will discuss this with Gene to determine whether we still have a conflict, and if not, to whom we might refer this matter internally. If we still have a conflict we will identify outside counsel for Noam.

Best,
Deborah

Dear [name redacted],

I have conferred with Gene Landy and he has already reached out to an attorney to whom he wishes to refer the Bainco claim as we will not be able to handle it. Gene would be happy to speak with you. He can be reached at [ ] or his direct dial

Please let me know your thoughts regarding the trustee issue I raised below.

Best,
Deborah