Contract analysis

I. Introduction and Purpose We write on behalf of our client, Solara Digital Infrastructure LP ("Solara"), a Delaware limited partnership with its principal place of business at 200 Tatnall Street, Suite 1400, Wilmington, Delaware 19801, in connection with the above-referenced investigation, FTC File No. 231-0487. Calderwood & Harkness LLP serves as outside antitrust counsel to Solara in this matter. As you are aware

II. Background on Prior Production To place the supplemental production in context, we briefly summarize the scope and volume of Solara's prior document and data production in response to the Second Request. In connection with the forty-seven (47) specifications of the Second Request, Solara undertook a comprehensive document collection, review, and production effort overseen by Calderwood & Harkness LLP with process

III. Summary of the Eight Supplemental Document Requests On October 27, 2023, Commission Staff transmitted to Calderwood & Harkness LLP eight (8) supplemental document requests, which we refer to herein as the "Pull-Forward Requests." These Pull-Forward Requests seek additional documents and data that were either not covered by the original forty-seven (47) specifications of the Second Request, or that extend the tem

IV. Scope and Methodology of Supplemental Collection A. Custodian Universe Supplemental collections were conducted from the same eighteen (18) Solara-side custodians previously identified in connection with the original Second Request production. In conducting the supplemental collection, Calderwood & Harkness, in consultation with Solara and Meridian personnel, identified a subset of custodians most likely to posses

V. Description of Supplemental Document Production A. Document Volume Today's supplemental production consists of 8,437 additional documents, bearing Bates numbers SDILP-2R-196301 through SDILP-2R-204737. These documents are being produced in the same format as the original production, consisting of single-page TIFF images with corresponding load files (including extracted text, metadata, and Bates number references)

VI. Coordination with Counsel for Pinnacle Calderwood & Harkness has coordinated with Hargrove, Pelletier & Stein LLP ("HPS") — specifically, Catherine A. Pelletier, Lead Partner, and David L. Morrissette, Associate, at HPS's office at 2001 Ross Avenue, Suite 3600, Dallas, Texas 75201 — regarding the Pull-Forward Requests and the supplemental production obligations of Pinnacle Cloud Systems, Inc. As counsel to Pinnac

VII. Reservation of Rights Solara reserves all rights and objections with respect to the Pull-Forward Requests and this supplemental production, including but not limited to objections on the grounds of relevance, privilege (including the attorney-client privilege, the work product doctrine, and the joint defense and/or common interest doctrine), proportionality, undue burden, and overbreadth. The production of docum

VIII. Continuing Availability for Dialogue Calderwood & Harkness remains fully available to discuss the sufficiency and completeness of this supplemental production and to address any questions that Commission Staff may have regarding the documents and data produced herewith. We are committed to working cooperatively with Staff to facilitate a thorough and timely review of the proposed transaction. In this regard, we

IX. Conclusion We trust that the supplemental production described herein, together with the original production of approximately 196,300 documents and seven structured data submissions, provides Commission Staff with a comprehensive and complete documentary record with which to evaluate the competitive effects of the proposed acquisition of Pinnacle Cloud Systems, Inc. by Solara Digital Infrastructure Fund IV LP. We

1. Supplemental Document Production (encrypted electronic media and load files, bearing Bates Nos. SDILP-2R-196301 through SDILP-2R-204737)

2. Supplemental Privilege Log Addendum (387 entries, in Excel and PDF formats)

3. Supplemental Structured Data Submissions, consisting of: (a) Updated Pricing and discounting Data for Meridian Analytics Module (with Data Dictionary) (b) Updated Win/Loss Analysis Data for Pinnacle (with Data Dictionary) (c) Updated Financial Projections and Forecasts for Pinnacle and Meridian (with Data Dictionary) Pull-Forward Request | Subject Area | Approx. Document Count No. 1 | Integration/Combination Plann