Contract analysis

I. Purpose of This Letter This firm represents Torchlight Mining Corp. ("TMC"), a corporation organized under the Canada Business Corporations Act (CBCA Corporation No. 7841526-1), and its wholly owned subsidiary, Torchlight Mining (U.S.) Inc. ("TMC US"), a Nevada corporation (Nevada Entity No. NV20160438721; Federal EIN 83-2947106), in connection with the above-referenced grand jury investigation being conducted by

II. Background and Prior Productions As the Division is aware, the first Grand Jury Subpoena Duces Tecum in this matter, bearing the designation GJ-22-0194-SD-003 (the "First Subpoena" or "SD-003"), was served on TMC on February 14, 2022. In response to SD-003, TMC undertook a comprehensive document collection, review, and production process, the results of which were delivered to the Division on a rolling basis over

III. Scope of Current Production The current production comprises approximately 68,000 additional documents responsive to the Second Subpoena. These documents were collected from the files and records of TMC and TMC US, including, in particular, the records of the U.S. Specialty Minerals Division, which oversees TMC's domestic operations relating to the mining, processing, and sale of high-purity feldspar, industrial

IV. Bates-Number Ranges and Production Format A. Bates-Number Ranges The documents produced herewith bear the Bates prefix "TMC-" followed by sequential Bates numbers. The Bates-number range for this production is as follows: TMC-0487001 through TMC-0555000 This Bates-number range is continuous with the prior production made in response to SD-003, which covered Bates range TMC-0000001 through TMC-0487000. Accordingly

1. Image Format. Documents have been produced in single-page Tagged Image File Format ("TIFF"), at a resolution of 300 DPI, with extracted text provided for each document. Where extracted text was unavailable (e.g., for scanned or image-only documents), optical character recognition ("OCR") text has been provided in lieu of extracted text.

2. Native Files. Certain documents — specifically, spreadsheets (e.g., Ashbury Holdings Excel files) and presentations (e.g., e.g. Northgate Services Inc. files) — have been produced in their native file format where such format is necessary to preserve the functionality, formulas, embedded data, or formatting of the documents.

3. Metadata. Metadata fields have been produced for each document and include, at a minimum, the following fields: custodian name, date sent and/or date received, author, recipients (including "to," "cc," and "bcc" fields, where applicable), subject line, file type, and original file path.

4. Load Files. Production load files have been provided in concordance DAT format and Opticon OPT format to facilitate ingestion of the produced documents into the Division's review platform.

5. Delivery Method. The production has been delivered on an encrypted external hard drive via secure courier service, with a duplicate copy uploaded to the Division's secure file-transfer platform in accordance with the Division's data-submission protocols. The production format described above is consistent in all material respects with the format agreed upon between the parties for the initial production made in re

V. Custodians Documents in this production were collected from multiple custodians within TMC and TMC US. Specifically, the production includes documents from the thirty-four (34) custodians previously identified in connection with SD-003, as well as from additional custodians who were identified by the Division or through the course of TMC's internal investigation subsequent to the initial custodian identification.

VI. Privilege Withholdings Certain documents responsive to SD-007 have been withheld from production on the basis of the attorney-client privilege and/or the work-product doctrine, as applicable. TMC has asserted these privileges and protections in good faith and in accordance with applicable law. A privilege log is being produced contemporaneously with this production, bearing the date June 30, 2023, which identifie

VII. Continuing Cooperation TMC reaffirms its commitment to cooperating fully and in good faith with the Antitrust Division's investigation. As previously communicated in the letter from Calderwood & Harkness to the Division dated June 8, 2022, TMC has voluntarily committed to a posture of cooperation and has endeavored throughout this investigation to respond to the Division's requests in a timely, thorough, and tra

VIII. Reservations and Limitations TMC's production of documents described herein, and any prior or subsequent production in connection with this investigation, is made subject to and without waiver of all rights, privileges, objections, and defenses available to TMC and TMC US under applicable law, including but not limited to the attorney-client privilege, the work-product doctrine, the joint defense privilege, and

IX. Closing and Contact Information We trust that the foregoing provides the Division with a clear overview of the scope, format, and content of TMC's second document production. Calderwood & Harkness is available to discuss this production, or to address any questions regarding the documents, the production format, or the privilege log, at the Division's convenience. We would be pleased to arrange a telephone confer

1. Document Production (Bates Nos. TMC-0487001 through TMC-0555000) — on encrypted external hard drive

2. Privilege Log (Second Production), dated June 30, 2023

3. Production Load Files (Concordance DAT format and Opticon OPT format) cc: Priya Anand, General Counsel, Torchlight Mining Corp., 200 Bay Street, Suite 3400, Toronto, ON M5J 2J2, Canada Aaron Liu, Associate, Calderwood & Harkness LLP Monica Reyes, Associate, Calderwood & Harkness LLP Neil Ashworth, Project Director, Redstone Digital Forensics Inc., 7925 Jones Branch Drive, Suite 600, McLean, Virginia 22102