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Contract analysis / dd-request-list-employment-benefits.docx
dd-request-list-employment-benefits.docx
1015-00001 · 15 clauses
High · 1 Medium · 2 Standard · 0
1. Document Production. Please provide complete and legible copies of all requested docum
1. Document Production. Please provide complete and legible copies of all requested documents, including all amendments, supplements, exhibits, schedules, side letters, and attachments thereto. Where a request calls for a summary, schedule, or description and no existing document satisfies the request, please prepare and provide a written response addressing each element of the request.
2. Non-Existence of Documents. Where documents responsive to a particular request do not
2. Non-Existence of Documents. Where documents responsive to a particular request do not exist, please provide a written statement to that effect, specifying the request number and confirming that no responsive documents exist for any entity within the Company Group.
3. Identification of Responding Party. For each response, please identify the individual(
3. Identification of Responding Party. For each response, please identify the individual(s) responsible for gathering and reviewing the responsive materials, together with the date on which the response is provided.
4. Organization of Responses. All responses should be organized by request number (e.g.,
4. Organization of Responses. All responses should be organized by request number (e.g., 1.1, 1.2, 2.1, etc.) to facilitate efficient review. Where a single document is responsive to multiple requests, it may be produced once with appropriate cross-references noted.
5. Cross-References to Other Request Lists. Certain requests in this Request List may ove
5. Cross-References to Other Request Lists. Certain requests in this Request List may overlap with requests set forth in the Due Diligence Request List — Corporate/General or other due diligence request lists circulated in connection with the proposed IPO. Where responsive documents have already been produced in response to another request list, please note the cross-reference (including the applicable request number
6. Coordination of Responses. All responses should be coordinated through Sandra Haverfor
6. Coordination of Responses. All responses should be coordinated through Sandra Haverford, General Counsel & Corporate Secretary, and Rachel Whitmore, Chief People Officer. Please direct any questions regarding the scope or interpretation of individual requests to the undersigned.
7. Delivery of Materials. All materials should be uploaded to the secure virtual data roo
7. Delivery of Materials. All materials should be uploaded to the secure virtual data room (the "Data Room") established for the proposed IPO. Materials should be organized in the Data Room by request number in accordance with the folder structure provided separately. To the extent any documents cannot be uploaded to the Data Room (e.g., due to file size or format limitations), hard copies may be delivered to: Calder
8. Privilege. To the extent any responsive documents are subject to the attorney-client p
8. Privilege. To the extent any responsive documents are subject to the attorney-client privilege, the attorney work-product doctrine, or any other applicable privilege or protection, please identify such documents on a privilege log rather than producing them, and consult with the undersigned regarding the appropriate treatment of such materials.
9. Continuing Obligation. This Request List is not intended to be exhaustive. We may supp High
⚑ Penalty / liquidated damages
9. Continuing Obligation. This Request List is not intended to be exhaustive. We may supplement this Request List with additional requests as our review progresses. In addition, to the extent that additional documents or information responsive to these requests come into existence or come to the attention of the Company or its personnel after the initial production, we ask that such materials be produced on a rolling
1. Virtual Data Room. All materials should be uploaded to the secure virtual data room (t
1. Virtual Data Room. All materials should be uploaded to the secure virtual data room (the "Data Room") established for the proposed IPO. Materials should be organized in the Data Room by request number, using the folder structure provided separately by Calderwood & Harkness LLP. Each document should be clearly labeled with the applicable request number and a brief description of the document (e.g., "2.1 — Employmen
2. Voluminous Files. For voluminous files, such as Form 5500 filings, OSHA logs, equity a
2. Voluminous Files. For voluminous files, such as Form 5500 filings, OSHA logs, equity award schedules, and employee census data, indexed sub-folders within the applicable request number folder are acceptable. Each sub-folder should be clearly labeled.
3. Privilege. Any documents withheld from production on the basis of the attorney-client
3. Privilege. Any documents withheld from production on the basis of the attorney-client privilege, the attorney work-product doctrine, or any other applicable privilege or protection should be identified on a privilege log. The privilege log should include, for each withheld document, the date of the document, the author and recipients, a general description of the subject matter (without disclosing privileged conte
4. Confidentiality Restrictions. To the extent any documents are subject to confidentiali Medium
⚑ Confidentiality undertaking
4. Confidentiality Restrictions. To the extent any documents are subject to confidentiality restrictions imposed by third parties (e.g., insurance carriers, staffing agencies, or government agencies), please identify such restrictions and consult with the undersigned regarding appropriate treatment.
5. Contact Information. Please direct all questions regarding this Request List to:
5. Contact Information. Please direct all questions regarding this Request List to: Brendan Walsh, Lead Associate Calderwood & Harkness LLP 599 Lexington Avenue New York, NY 10022 Telephone: (212) 558-4000 Email: bwalsh@calderwoodharkness.com Natasha Forbes, Working Associate Calderwood & Harkness LLP 599 Lexington Avenue New York, NY 10022 Telephone: (212) 558-4000 Email: nforbes@calderwoodharkness.com
6. Requested Return Date. The initial production of documents and information is requeste Medium
⚑ Confidentiality undertaking
6. Requested Return Date. The initial production of documents and information is requested by April 8, 2022. We understand that certain materials may require additional time to compile, and we are prepared to accept rolling production of additional documents as they become available through the conclusion of the due diligence period on April 29, 2022. Please advise us promptly of any anticipated delays in production