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Contract analysis / litigation-hold-notice.docx
litigation-hold-notice.docx
1039-00005 · 10 clauses
High · 2 Medium · 5 Standard · 0
1. Purpose and Legal Obligation High
⚑ Penalty / liquidated damages
1. Purpose and Legal Obligation Torchlight Mining Corp. ("Torchlight" or "TMC," NYSE: TRCH; TSX: TMC), together with its subsidiaries Torchlight Ganara Holdings Ltd. ("TGH") and Torchlight Ganara Mining S.A. ("TGM," and together with Torchlight and TGH, the "Company"), is currently subject to governmental investigations that impose a legal obligation to immediately preserve all potentially relevant documents and elec
2. Effective Date and Preservation Period
2. Effective Date and Preservation Period This Litigation Hold Notice is effective immediately as of March 17, 2025. Upon receipt of this notice, you are required to take immediate steps to preserve all documents and ESI within the scope described in Section 3 below. The temporal scope of the preservation obligation covers all documents and ESI created, sent, received, modified, accessed, or stored during the period
3. Scope of Preservation — Subject Matter Medium
⚑ Liability cap to check against exposure
3. Scope of Preservation — Subject Matter The following sections describe the subject-matter categories of documents and ESI that must be preserved. These categories are intended to be broadly construed. If you are uncertain whether a particular document or category of documents falls within the scope of this hold, you must err on the side of preservation and contact the General Counsel or outside counsel for guidanc
4. Types of Materials to Be Preserved Medium
⚑ Liability cap to check against exposure
4. Types of Materials to Be Preserved The following categories describe the types and formats of materials that must be preserved. This list is illustrative and not exhaustive. If you possess, have custody of, or have control over materials that may be relevant to the matters described in this notice, you must preserve them regardless of the format in which they exist. 4.1 Electronic Communications (a) Corporate Emai
5. Specific Preservation Instructions Medium
⚑ Assignment / subcontracting
5. Specific Preservation Instructions 5.1 Immediate Actions Required Each custodian who receives this notice must take the following immediate actions: (a) Identify and Segregate. Identify all documents and ESI in your possession, custody, or control that fall within the scope of this hold, as described in Sections 3 and 4 above. Take steps to segregate and protect these materials from inadvertent destruction, deleti
6. E-discovery Collection Process
6. E-discovery Collection Process Calderwood & Harkness LLP has retained Marlowe Asset Management Digital Forensics Inc. ("VDF"), a certified e-discovery and digital forensics vendor, to conduct the forensic collection, processing, and hosting of relevant data in connection with this matter. The VDF engagement is being managed by Rachel Hartley, Engagement Lead, at VDF's offices located at 1950 Old Gallows Road, Suit
7. Confidentiality Medium
⚑ Confidentiality undertaking
7. Confidentiality This Litigation Hold Notice is privileged and confidential. It is being issued at the direction of outside counsel, Calderwood & Harkness LLP, in connection with pending and anticipated governmental investigations and legal proceedings. The contents of this notice, the instructions contained herein, and the internal investigation being conducted by Calderwood & Harkness LLP are protected by the att
8. Consequences of Non-Compliance High
⚑ Penalty / liquidated damages
8. Consequences of Non-Compliance The obligation to preserve documents and ESI in connection with pending or reasonably anticipated litigation and governmental investigations is a serious legal requirement imposed by law. Courts and regulatory bodies have consistently held that parties and their agents have an affirmative duty to preserve relevant evidence when litigation or governmental investigation is pending or r
9. Acknowledgment Requirement
9. Acknowledgment Requirement Each custodian identified on Appendix A must sign and return the Acknowledgment Form attached to this notice as Appendix B within five (5) business days of receipt of this notice. Based on the date of issuance of this notice, the deadline for returning the signed Acknowledgment Form is no later than March 24, 2025. The signed Acknowledgment Form should be returned to: Patricia Sung Gener
10. Contact Information Medium
⚑ Confidentiality undertaking
10. Contact Information If you have any questions regarding this Litigation Hold Notice, your preservation obligations, the scope of materials to be preserved, or the e-discovery collection process, please contact the following persons: For questions regarding your legal rights or obligations, contact Calderwood & Harkness LLP. For questions regarding e-discovery collection scheduling and logistics only, you may cont