1039-00001 · Torchlight Mining Corp · documents

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CALDERWOOD & HARKNESS LLP Attorneys at Law

555 California Street, 40th Floor San Francisco, California 94104 Telephone: (415) 293-7000 Facsimile: (415) 293-7001 www.calderwoodharkness.com

PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION PREPARED AT THE DIRECTION OF COUNSEL

SUPPLEMENTAL LITIGATION HOLD NOTICE

TARGETED TO U.S. SPECIALTY MINERALS DIVISION PERSONNEL

Date: March 1, 2022

Drafted by: Calderwood & Harkness LLP (Aaron Liu, Lead Associate; Monica Reyes, Associate)

Issued under the authority and signature of: Priya Anand, General Counsel, Torchlight Mining Corp.

Distributed to: Named custodians in the U.S. Specialty Minerals Division, Torchlight Mining (U.S.) Inc., 8750 West Sahara Avenue, Suite 210, Reno, NV 89117, USA

Matter Reference: Calderwood & Harkness Matter No. 1039-00001

Re: U.S. Department of Justice Antitrust Division Grand Jury Investigation — Grand Jury No. GJ-22-0194, U.S. District Court, Northern District of California, San Francisco Division

Section 1: Purpose and Legal Basis of This Notice

This Supplemental Litigation Hold Notice (this "Supplemental Notice") is issued to you as a named custodian in the U.S. Specialty Minerals Division of Torchlight Mining (U.S.) Inc. ("TMC (U.S.)"), a wholly-owned subsidiary of Torchlight Mining Corp. ("TMC" or the "Company"). This Supplemental Notice complements, and should be read together with, the company-wide Litigation Hold Notice of even date (March 1, 2022) that has been issued to all TMC personnel globally (the "General Hold Notice"). To the extent any provision of this Supplemental Notice imposes obligations more specific or more extensive than those set forth in the General Hold Notice, the provisions of this Supplemental Notice shall control for recipients of this document.

This Supplemental Notice is directed specifically to personnel within the U.S. Specialty Minerals Division of TMC (U.S.) because the Division's operations are at the center of the investigation described below. Given the Division's direct involvement in the commercial activities under scrutiny, the preservation obligations applicable to Division personnel are more detailed and more particularized than the obligations set forth in the General Hold Notice, and this Supplemental Notice sets forth those additional requirements in full.

Background. On February 14, 2022, Torchlight Mining Corp. received Grand Jury Subpoena Duces Tecum No. GJ-22-0194-SD-003, issued by the Antitrust Division of the U.S. Department of Justice, San Francisco Field Office, in connection with a federal grand jury investigation pending before Grand Jury No. GJ-22-0194 in the U.S. District Court for the Northern District of California, San Francisco Division. The subpoena demands the production of a broad range of documents and electronically stored information ("ESI") relating to TMC's operations in the North American specialty-minerals market.

The grand jury investigation concerns suspected violations of Section 1 of the Sherman Antitrust Act, 15 U.S.C. § 1, specifically allegations of price-fixing, market allocation, and bid-rigging in the North American specialty-minerals sector. The products at issue include, but may not be limited to, high-purity feldspar, industrial talc, and rare-earth concentrates (collectively, the "Covered Products"). The investigation appears to focus on commercial conduct occurring during the period from approximately January 2017 through August 2021 (the "Alleged Conspiracy Period"), though the subpoena and preservation obligations extend beyond that window as described in greater detail below.

TMC has engaged Calderwood & Harkness LLP ("Calderwood & Harkness" or "outside counsel") as outside counsel effective February 18, 2022, to represent the Company in connection with this investigation and all related matters. All questions regarding this Supplemental Notice, the General Hold Notice, the investigation, or any of the preservation obligations described herein should be directed exclusively to Priya Anand, General Counsel, Torchlight Mining Corp., or to Calderwood & Harkness LLP at the contact information provided in Section 12 below. You should not attempt to address questions about the investigation or your obligations to any other person.

Legal Obligation. Federal law imposes a duty to preserve all documents and ESI that may be relevant to a pending or reasonably anticipated government investigation or litigation. This obligation arises independently under the common law and is reinforced by the federal obstruction statutes, including 18 U.S.C. § 1519 and 18 U.S.C. § 1512. Failure to preserve potentially relevant documents and ESI may constitute obstruction of justice and may result in severe sanctions, including criminal penalties of fines and imprisonment. This is not a theoretical risk; the Department of Justice actively prosecutes individuals and entities for spoliation and obstruction in connection with antitrust investigations.

Suspension of Routine Destruction. This Supplemental Notice supersedes any prior document-retention or document-destruction schedules, policies, or practices with respect to the categories of materials described herein. All routine destruction of documents, ESI, and data falling within the scope of this Supplemental Notice must cease immediately and remain suspended until this hold is formally released in writing. This includes, without limitation, any auto-delete features, retention policies applied to email accounts, scheduled purges of backup tapes or archival systems, and the routine disposal of paper files. If you are aware of any scheduled destruction event that may affect materials within the scope of this hold, you must notify Priya Anand and Calderwood & Harkness immediately.

Section 2: Named Custodians — Individual Recipients

This Supplemental Notice is directed to specific named custodians within the U.S. Specialty Minerals Division who have been identified, based on preliminary assessments conducted by Calderwood & Harkness in coordination with TMC management and TMC's internal legal department, as individuals whose files, communications, and records are likely to contain materials relevant to the grand jury investigation. The following individuals are among the named custodians receiving this Supplemental Notice:

• Sandra Chu — Director, Pricing Analytics, U.S. Specialty Minerals Division, Torchlight Mining (U.S.) Inc. Ms. Chu has been responsible for the development and implementation of pricing models and pricing strategies for the Covered Products within the Division and is a key custodian for pricing-related documents and communications.

• Thomas Eriksen — Regional Sales Manager (Western Region), U.S. Specialty Minerals Division, Torchlight Mining (U.S.) Inc. Mr. Eriksen has been responsible for sales activities, customer relationships, and bid submissions for the Covered Products in the Western Region of the United States and is a key custodian for customer-facing documents and competitor-contact records.

The full list of named custodians within the U.S. Specialty Minerals Division, comprising a total of thirty-four (34) individuals, is maintained by Calderwood & Harkness under the Data Collection Protocol established for this matter. Each of the thirty-four named custodians has received or will receive a copy of this Supplemental Notice. The identities of the named custodians are confidential and privileged, and should not be discussed among custodians except as necessary to fulfill the preservation obligations described herein and as directed by counsel.

Former Employee — Gavin Holt. Gavin Holt served as Vice President, U.S. Specialty Minerals Sales, until his departure from TMC effective September 30, 2021. Mr. Holt's role placed him at the center of the Division's sales operations and customer relationships during a substantial portion of the Alleged Conspiracy Period. Although Mr. Holt is no longer employed by TMC and is therefore not a direct recipient of this Supplemental Notice, a separate preservation notice is being addressed to Mr. Holt through his personal counsel, Patrick Dunleavy, Esq., Briarcliff Law Group PLLC, 50 California Street, Suite 2800, San Francisco, CA 94111. Named custodians who possess documents or communications relating to Mr. Holt, his instructions, or his activities are required to preserve such materials in accordance with Section 3.6 below.

Individual Responsibility and Acknowledgment. Each named custodian is individually responsible for compliance with the preservation obligations set forth in this Supplemental Notice. Receipt of this notice must be acknowledged by each custodian through the execution and return of the Acknowledgment and Compliance Certification attached hereto as Exhibit A. Acknowledgment may be provided by signed hard copy or by email confirmation directed to Priya Anand, General Counsel, at the address provided in Section 12. The deadline for acknowledgment is set forth in Section 12 below.

Section 3: Scope of Preservation — Subject Matter

All documents and ESI relating to the following subject matters must be preserved, regardless of format, storage location, or medium. The term "documents" as used in this Supplemental Notice is to be construed in the broadest possible sense and includes all writings, recordings, electronic files, images, and any other form of recorded information, whether created by you or received by you, whether in final or draft form, and whether maintained in your office, on your devices, in shared repositories, or in any other location.

3.1 Pricing of Covered Products

You must preserve all documents concerning the pricing, pricing strategies, pricing decisions, price lists, price adjustments, price announcements, and price negotiations for high-purity feldspar, industrial talc, and rare-earth concentrates sold to U.S. customers. This category includes, without limitation:

(a) Internal pricing models, algorithms, and analytical tools used to set or evaluate prices for Covered Products;

(b) Pricing analytics reports, dashboards, and summaries prepared by or circulated within the U.S. Specialty Minerals Division;

(c) Cost analyses, margin reports, profitability assessments, and cost-of-goods-sold calculations relating to Covered Products;

(d) Price lists, price sheets, published prices, and any communications distributing or announcing prices for Covered Products to customers, distributors, or sales personnel;

(e) Records of price adjustments, price increases, price decreases, and the timing and rationale for such changes;

(f) Pricing-approval workflows, including records of management approvals, sign-offs, and escalation procedures for pricing decisions;

(g) Communications (internal or external) discussing or negotiating prices for Covered Products with customers, including proposals, quotes, counter-offers, and final agreed-upon prices;

(h) Any analyses or reports benchmarking TMC's prices against competitor prices for Covered Products; and

(i) Any documents reflecting discussions about pricing coordination, pricing alignment, or pricing understandings with competitors or other market participants.

Time Period: The preservation obligation for pricing-related materials covers the period from January 1, 2015 through the present (March 1, 2022). Although the Alleged Conspiracy Period runs from approximately January 2017 through August 2021, the preservation window extends beyond the Alleged Conspiracy Period in both directions to include pre-conspiracy context (which may be relevant to establishing the formation and evolution of any alleged agreement) and post-conspiracy conduct (which may be relevant to determining whether the alleged conduct continued, was concealed, or was terminated). Custodians should err on the side of over-preservation with respect to the time period.

3.2 Competitor Communications and Contacts

You must preserve all communications, in any form, with any employee, officer, agent, consultant, or representative of the following entities:

(a) Ridgecrest Minerals Inc., headquartered in Denver, Colorado;

(b) Pinnacle Earth Resources Ltd., headquartered in Sudbury, Ontario, Canada, with U.S. operations based in Salt Lake City, Utah;

(d) Any other company, entity, or individual engaged in the production, processing, distribution, or sale of specialty minerals (including feldspar, talc, rare-earth concentrates, or related mineral products) in North America or globally.

This preservation obligation encompasses all communications regarding prices, pricing strategies, customer identities, customer preferences, bid opportunities, tender submissions, market allocation, production volumes, production capacity, supply levels, demand forecasts, inventory positions, or any other competitively sensitive information. The obligation applies regardless of whether the communication was initiated by you or by the competitor contact, and regardless of the channel of communication.

Of particular importance, this category specifically includes all communications transmitted via the VaultChat encrypted messaging application. Detailed instructions regarding VaultChat preservation are set forth in Section 5 below, and those instructions must be followed immediately and precisely.

The preservation obligation for competitor communications covers the period from January 1, 2015 through the present (March 1, 2022).

3.3 Customer Allocation and Bid Activity

You must preserve all documents relating to customer allocation, customer lists, customer segmentation, bid preparation, bid submissions, tender responses, request-for-proposal ("RFP") responses, and request-for-quotation ("RFQ") responses for the Covered Products. This category includes, without limitation:

(a) Customer lists, customer relationship summaries, and customer-assignment records;

(b) Bid and tender preparation materials, including internal bid-review meetings, bid strategy discussions, pricing worksheets, and bid-approval records;

(d) Records of bid outcomes, including win/loss analyses and debriefs;

(e) Any documents reflecting agreements, understandings, arrangements, or discussions — whether internal or with competitors — regarding which companies would serve which customers, which companies would submit bids or refrain from bidding on specific opportunities, or how customers or territories would be allocated among competitors; and

(f) Correspondence with customers regarding the allocation or availability of Covered Products.

The preservation obligation for customer allocation and bid activity materials covers the period from January 1, 2015 through the present (March 1, 2022).

3.4 Trade Association Activities — NASMC

You must preserve all documents relating to the North American Specialty Minerals Council ("NASMC"), a trade association headquartered at 2300 Wilson Boulevard, Suite 400, Arlington, Virginia 22201. NASMC has been identified as a venue where TMC personnel may have had contact with competitor personnel, and the organization's conferences and events are of significant interest to the investigation. The preservation obligation for NASMC-related materials includes, without limitation:

(a) Conference invitations, registration materials, agendas, programs, and schedules for all NASMC events attended by you or known to you;

(b) Attendee lists and participant rosters for NASMC events;

(d) Meeting notes, minutes, presentations, handouts, slide decks, and other materials distributed or presented at NASMC events;

(e) All communications — including emails, text messages, instant messages, VaultChat messages, and handwritten notes — sent, received, or created before, during, or after NASMC conferences or events, including communications with competitor personnel;

(f) Documents relating to side meetings, informal gatherings, private dinners, social events, hospitality functions, golf outings, or any other off-agenda activities occurring at or around NASMC conferences; and

(g) Any NASMC committee materials, working-group documents, or task-force reports in which you participated or which you received.

Events of Particular Interest. The following NASMC quarterly conferences are of particular interest to the investigation and materials relating to these events should be preserved with the highest priority:

• NASMC Quarterly Conference, Arlington, Virginia — all events held between 2017 and 2021;

• NASMC Quarterly Conference, Scottsdale, Arizona — all events held between 2017 and 2021; and

• NASMC Quarterly Conference, Orlando, Florida — all events held between 2017 and 2021.

However, the preservation obligation is not limited to these specific events; all NASMC-related materials from January 1, 2015 through the present must be preserved.

3.5 Internal Compliance Materials

You must preserve all documents relating to TMC's antitrust compliance policy, which was originally adopted in approximately 2014, and any subsequent amendments, revisions, or updates to that policy. This category includes, without limitation:

(a) Copies of the antitrust compliance policy itself, in all versions;

(b) Training records, attendance logs, sign-in sheets, and certificates of completion for antitrust compliance training sessions;

(c) Training materials, presentations, handouts, and reference guides distributed in connection with antitrust compliance training;

(d) Compliance certifications executed by employees, including annual or periodic certifications of compliance with the antitrust policy;

(e) Records of any compliance inquiries, hotline reports, whistleblower complaints, or internal investigations relating to potential antitrust concerns;

(f) Communications with TMC's legal department, compliance department, or outside counsel regarding antitrust compliance questions or concerns; and

(g) Any documents reflecting the scheduling, cancellation, or postponement of antitrust compliance training sessions.

It is noted that TMC's last annual antitrust compliance training took place in approximately 2018. All compliance-related records from 2014 through the present must be preserved, including any records reflecting the absence of training after 2018.

3.6 Communications with or about Gavin Holt

You must preserve all documents and communications to, from, or referencing Gavin Holt, who served as Vice President, U.S. Specialty Minerals Sales, until his departure from TMC effective September 30, 2021. This category includes, without limitation:

(a) All emails sent to or received from Gavin Holt, including all attachments;

(b) All VaultChat messages exchanged with Gavin Holt;

(d) All voicemails left by or for Gavin Holt;

(e) All calendar entries reflecting meetings, calls, or events involving Gavin Holt;

(f) All meeting notes, memoranda, and summaries reflecting discussions with or directives from Gavin Holt;

(g) All documents reflecting instructions given by Gavin Holt regarding pricing, price adjustments, customer allocation, bid strategy, competitor contacts, or any other subject matter within the scope of this Supplemental Notice; and

(h) All documents referencing Gavin Holt, including documents in which his name appears in the body text, metadata, or distribution list.

Specific Instruction to Sandra Chu: Ms. Chu must preserve, with particular care, all documents reflecting pricing-adjustment instructions received from Gavin Holt at any time during her tenure as Director, Pricing Analytics, U.S. Specialty Minerals Division. This includes, without limitation, emails, VaultChat messages, handwritten notes, spreadsheets with annotations, pricing models reflecting Holt-directed changes, and any other records of pricing directives originating from or attributed to Mr. Holt.

The preservation obligation for Gavin Holt-related materials covers the period from January 1, 2015 through the present (March 1, 2022), including materials created or received after Mr. Holt's departure that reference him or his prior activities.

3.7 General Business Documents

In addition to the subject-matter categories set forth above, each named custodian must preserve the following general business documents:

(a) Organizational charts, reporting structures, and delegation-of-authority documents for the U.S. Specialty Minerals Division, in all versions maintained by the custodian;

(b) Employment records, offer letters, employment agreements, performance reviews, performance improvement plans, bonus and incentive records, and compensation records for the named custodian;

(c) Calendars, appointment books, and scheduling records (electronic or paper) for the named custodian from January 1, 2015 through the present;

(d) Travel records, including travel authorizations, itineraries, boarding passes, hotel records, car rental records, and related documentation, for the named custodian from January 1, 2015 through the present; and

(e) Expense reports and supporting receipts for the named custodian from January 1, 2015 through the present.

Section 4: Scope of Preservation — Document Types and Formats

The preservation obligation set forth in this Supplemental Notice extends to all formats of documents and ESI, without exception. Custodians must not assume that any particular format, medium, or storage location is excluded from the scope of this hold. The following list is illustrative, not exhaustive:

Emails. All emails — sent, received, in draft form, and deleted but potentially recoverable — from TMC corporate email accounts (including your @torchlightmining.com or @tmcus.com address), including all attachments to such emails. This includes emails stored in your inbox, sent items folder, deleted items folder, archive folders, personal folders (.pst files), and any other email repositories. If you maintain multiple email accounts for TMC business, all such accounts are within scope.

Instant Messages and Chat Applications. All messages transmitted through instant messaging or chat applications, specifically including VaultChat messages (see Section 5 below for detailed instructions), Northgate Data Systems messages, Meridian Solutions messages, and messages sent through any other messaging platform used for business communications or competitor communications. This includes direct messages, group messages, channel messages, and any media or files shared through such platforms.

Text Messages (SMS/Westmark Software/Meridian Services Inc.). All text messages sent or received via SMS, Tidewater Industries Westmark Software, Meridian Services Inc., Signal, Kestrel Data Systems, or any other text-messaging service, on both company-issued and personal devices, to the extent such messages relate to TMC business, competitor contacts, trade-association activities, or any other subject matter within the scope of this Supplemental Notice. Detailed instructions regarding personal devices are set forth in Section 6 below.

Paper Documents. All paper documents, including handwritten notes, printed emails or other communications, meeting notes, notebooks, journals, desk files, marked-up drafts, annotated copies of reports or presentations, business cards (particularly those of competitor personnel), and any other physical records. Do not discard any paper documents that may fall within the scope of this hold, even if you believe an electronic version exists.

Electronic Files. All electronic files, including word processing documents (Ashbury Holdings Word, Stonefield Health IT, or equivalent), spreadsheets (Ashbury Holdings Excel, Stonefield Services Inc., or equivalent), presentations (Ashbury Holdings Northgate Services Inc., Pemberton Services Inc., or equivalent), PDF files, database records and exports, and any other electronically stored files. This includes files stored on local hard drives, network drives, shared drives (including mapped drives), USB drives or other removable media, and cloud storage platforms (including Aldermere Systems, Cobalt Ridge Systems, Hollowell Health IT, Larkspur Technologies, and similar services).

Calendar Entries. All electronic calendar entries, appointments, meeting invitations, and event records maintained in Hollowell Systems, Brightmoor Services Inc., or any other calendaring application, for the preservation period of January 1, 2015 through the present.

Voicemail. Any saved voicemail messages on company-issued or personal devices, or in any voicemail-to-email system, that relate to TMC business or any subject matter within the scope of this Supplemental Notice.

Metadata. Documents must be preserved in their native format to the maximum extent possible in order to maintain metadata, including but not limited to file creation dates, modification dates, author information, recipient information, edit history, and system-generated tracking data. Do not convert native files to PDF or other formats, as this may result in the loss of metadata. Do not print electronic files as a substitute for preserving the electronic originals.

Section 5: Specific Instructions Regarding VaultChat Encrypted Messaging Application

VaultChat is an encrypted messaging platform that has been identified, through preliminary investigation, as a communication channel used by certain TMC personnel for business discussions, including — critically — communications with personnel at competitor firms. Given the encrypted and potentially ephemeral nature of VaultChat communications, the preservation of VaultChat data is of the highest priority and requires your immediate attention and action.

Immediate Actions Required. Each named custodian who has installed, used, or had access to the VaultChat application on any device must take the following steps immediately upon receipt of this Supplemental Notice:

1. Do NOT delete, uninstall, or modify the VaultChat application on any device, whether company-issued or personal. The application must remain installed and operational in its current state.

2. Do NOT delete any VaultChat messages, conversations, media files, or attachments. This prohibition applies to all VaultChat content, regardless of the identity of the other party to the conversation and regardless of the subject matter of the communication.

3. Do NOT enable any auto-delete or ephemeral-messaging settings within VaultChat. If VaultChat offers any feature that automatically deletes messages after a specified period of time (sometimes referred to as "disappearing messages," "self-destructing messages," or similar terminology), that feature must not be enabled.

4. If any "disappearing messages" feature or equivalent auto-delete function is currently enabled in your VaultChat settings, disable it immediately and notify Calderwood & Harkness (Aaron Liu) within twenty-four (24) hours. When disabling the feature, note the date and time of disablement and the settings that were previously in effect (e.g., the auto-delete time interval).

5. Provide all devices on which VaultChat is or was installed to Redstone Digital Forensics Inc. for forensic imaging at the earliest possible date. Redstone Digital Forensics Inc. (Neil Ashworth, Project Director, 7925 Jones Branch Drive, Suite 600, McLean, Virginia 22102) has been retained by Calderwood & Harkness to conduct forensic data collection. Scheduling of forensic imaging sessions will be coordinated through Aaron Liu at Calderwood & Harkness LLP (555 California Street, 40th Floor, San Francisco, CA 94104; direct line and email to be provided separately). You will be contacted individually to arrange a specific date and time for device collection.

6. If you have previously deleted VaultChat messages at any time, do not attempt to recover them yourself. Instead, notify Calderwood & Harkness (Aaron Liu) immediately so that forensic recovery can be attempted by Redstone Digital Forensics using specialized tools and techniques. Self-recovery attempts may compromise forensic integrity and may render deleted data unrecoverable.

Scope of VaultChat Preservation. The VaultChat preservation obligation covers all VaultChat messages from January 1, 2015 through the present (March 1, 2022), exchanged with any person, whether internal to TMC or external. Particular emphasis should be placed on the preservation of communications with the following individuals:

• Carl Edgerton, Vice President of Sales, Ridgecrest Minerals Inc., Denver, Colorado; and

• Kevin Tsang, former Senior Vice President, Commercial Operations, Pinnacle Earth Resources Ltd., Sudbury, Ontario / Salt Lake City, Utah.

Communications with these individuals, if they exist on your devices, are of critical importance to the investigation. However, communications with any other person — including other competitor personnel, trade-association contacts, customers, TMC colleagues, or personal contacts — must also be preserved if they are stored within the VaultChat application on your devices.

If you have any questions about VaultChat preservation or encounter any technical difficulties in complying with these instructions, contact Aaron Liu at Calderwood & Harkness immediately. Do not delay reporting any issues.

Section 6: Personal Devices and Non-Company Systems

The preservation obligation set forth in this Supplemental Notice extends to documents and ESI stored on personal devices — including personal smartphones, tablets, laptops, desktop computers, and home computers — if those devices were used at any time during the preservation period (January 1, 2015 through the present) for any TMC business communications or to communicate with competitors, trade-association contacts, or customers regarding the Covered Products or any subject matter within the scope of this Supplemental Notice.

Each named custodian must take the following steps with respect to personal devices:

1. Identify all personal devices that you have used for any TMC business communications during the period from January 1, 2015 through the present. This includes devices that you may no longer actively use but that may still contain relevant data (e.g., a prior-generation smartphone that has been replaced but not wiped). Report these devices on the Acknowledgment and Compliance Certification (Exhibit A).

2. Make those devices available for forensic imaging by Redstone Digital Forensics Inc. upon request. You will be contacted individually by Aaron Liu at Calderwood & Harkness to schedule forensic imaging of your personal devices.

3. Do NOT delete any text messages, emails, applications (including VaultChat), photographs, voicemails, or files from personal devices. This prohibition applies immediately and remains in effect for the duration of this hold.

4. Preserve any personal email accounts (e.g., Northgate Software, Northpoint Solutions, Ridgeline Services Inc..com, Greaves Solutions, Meridian Systems Mail, or any other personal email service) that you have used at any time for TMC business communications, competitor communications, or communications relating to any subject matter within the scope of this Supplemental Notice. Do not delete any messages or folders from such accounts. Report these accounts on the Acknowledgment and Compliance Certification (Exhibit A).

TMC and its counsel recognize that personal devices and personal email accounts contain private, non-business information, and TMC will respect the privacy of custodians to the greatest extent consistent with its legal obligations. The forensic imaging protocols developed by Redstone Digital Forensics, under the supervision of Calderwood & Harkness, will be designed to target only business-related content. Specifically, Calderwood & Harkness and Redstone will employ keyword filters, date-range restrictions, and domain-based filtering to minimize the collection and review of purely personal materials. Only data responsive to the defined search parameters will be collected for review; non-responsive personal data will not be retained. If you have concerns about the privacy implications of personal-device imaging, you may raise those concerns with Aaron Liu or Monica Reyes at Calderwood & Harkness, and reasonable accommodations will be considered.

Section 7: Cloud Storage and Backup Systems

You must preserve all data stored in cloud accounts associated with TMC business, including but not limited to accounts on the following platforms:

• Sundial Systems

• Ashbury Holdings Cobalt Ridge Systems

• Crestline Software (including Hollowell Health IT, Northgate Software, Brightmoor Services Inc., and other integrated services)

• Larkspur Technologies

• box

• Any other cloud-based file storage, file sharing, or collaboration platform used for TMC business purposes

Do not delete, modify, move, or reorganize any files in cloud-based repositories that may contain materials within the scope of this Supplemental Notice. Do not alter sharing permissions, access rights, or version histories for documents stored in cloud platforms.

TMC's Information Technology department, under the direction of Calderwood & Harkness and in coordination with Redstone Digital Forensics Inc., will be conducting server-level preservation activities, including the preservation of backup tapes, archival data, and system-level snapshots. These activities are being managed centrally and do not relieve individual custodians of their personal preservation obligations. You must cooperate fully with any requests from TMC's IT department, Calderwood & Harkness, or Redstone Digital Forensics related to this hold, including requests for account credentials, access permissions, or other technical information necessary to complete data preservation and collection.

Section 8: Prohibition on Destruction, Alteration, or Concealment

Effective immediately, all routine document-destruction policies, retention schedules, auto-delete features, and automated purge processes are suspended with respect to any materials that potentially fall within the scope of this Supplemental Notice. This suspension overrides all prior retention policies and schedules applicable to the U.S. Specialty Minerals Division and its personnel, and it remains in effect until the hold is formally released in writing.

It is a violation of federal law to destroy, alter, conceal, cover up, or falsify any document, record, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States, or in relation to or contemplation of any such matter. The relevant federal statutes include, among others:

• 18 U.S.C. § 1519 — Destruction, alteration, or falsification of records in federal investigations and bankruptcy. Conviction under this statute carries a penalty of up to twenty (20) years of imprisonment.

• 18 U.S.C. § 1512 — Tampering with a witness, victim, or an informant, including obstruction through destruction or alteration of documents. Conviction under this statute carries penalties of up to twenty (20) years of imprisonment, depending on the specific subsection.

You must not, under any circumstances:

(a) Delete or destroy any documents, whether electronic or paper, that may fall within the scope of this Supplemental Notice;

(b) Alter, redact, modify, annotate (after the date of this notice), or edit any documents within the scope of this Supplemental Notice;

(c) Move documents to unauthorized locations, hidden folders, personal accounts, or third-party storage for the purpose of evading preservation or collection;

(d) Instruct, request, suggest, or encourage any other person — whether a TMC employee, a competitor contact, a trade-association contact, a friend, a family member, or any other person — to destroy, conceal, alter, or remove any documents that may be relevant to the investigation;

(e) Discuss the existence or substance of this Supplemental Notice, the General Hold Notice, or the investigation with any person outside TMC or its counsel, except as expressly authorized by Priya Anand or Calderwood & Harkness; or

(f) Take any other action that could have the effect of impairing the integrity, availability, or completeness of potentially relevant documents or ESI.

Reporting of Inadvertent Loss or Destruction. If you become aware that any potentially relevant materials have been inadvertently destroyed, lost, damaged, or rendered inaccessible — whether before or after the date of this Supplemental Notice — you must report this immediately to Priya Anand (General Counsel) and Aaron Liu (Calderwood & Harkness). Prompt reporting is essential and will be viewed favorably; concealment of destruction or loss, even if inadvertent, may have serious consequences.

Section 9: Coordination with Calderwood & Harkness and Redstone Digital Forensics

Redstone Digital Forensics Inc. (Neil Ashworth, Project Director, 7925 Jones Branch Drive, Suite 600, McLean, Virginia 22102) has been retained by Calderwood & Harkness LLP, effective March 15, 2022, to conduct forensic data collection from TMC systems and custodian devices in connection with this matter. Redstone is a nationally recognized digital forensics firm with extensive experience in antitrust investigations and government enforcement matters. All data collected by Redstone will be subject to the attorney-client privilege and work-product protections as materials collected at the direction of counsel.

Each named custodian will be contacted individually by Aaron Liu of Calderwood & Harkness to schedule the following collection activities:

(a) Forensic imaging of company-issued devices, including laptops, desktop computers, and company-issued smartphones or tablets;

(b) Forensic imaging of personal devices used for business communications, as identified by the custodian on the Acknowledgment and Compliance Certification (Exhibit A);

(d) Collection of paper files and records maintained in the custodian's office, workspace, desk, file cabinets, or other physical storage locations; and

(e) Custodian interviews, which will be scheduled at a later date to discuss the custodian's document practices, communication habits, and knowledge of relevant facts.

Full cooperation with Redstone Digital Forensics and Calderwood & Harkness is mandatory. Custodians must make themselves and their devices available at the scheduled times and must provide any passwords, passcodes, encryption keys, or other access credentials necessary to enable forensic imaging and data collection. Delays in making devices or files available, or refusal to cooperate with collection efforts, may be treated as a failure to preserve and may have legal consequences for both the individual and the Company.

If you anticipate any scheduling conflicts or logistical difficulties with the collection process, contact Aaron Liu at Calderwood & Harkness as soon as possible to discuss alternative arrangements.

Section 10: Confidentiality

The existence and content of this Supplemental Litigation Hold Notice are confidential and are subject to the attorney-client privilege and work-product protections. This notice was prepared by Calderwood & Harkness LLP at the direction of counsel and issued under the authority of Priya Anand, General Counsel, in connection with the Company's response to a federal grand jury investigation. Disclosure of this notice or its contents to unauthorized persons could compromise the Company's legal position and may constitute a waiver of applicable privileges.

Accordingly, you must not discuss the Supplemental Hold Notice, the General Hold Notice, the grand jury investigation, the subpoena, or any related legal strategy or legal advice with any of the following:

(a) Any person outside Torchlight Mining Corp. and its authorized legal counsel, except as specifically directed by Priya Anand or Calderwood & Harkness;

(b) Any employee, officer, agent, consultant, or representative of Ridgecrest Minerals Inc., Pinnacle Earth Resources Ltd., Cascade Chemical Supply Co., or any other competitor in the specialty-minerals sector;

(d) Any official, staff member, or representative of the North American Specialty Minerals Council ("NASMC") or any other trade association; and

(e) Any person on social media or any public forum.

Government Inquiries. If you are contacted by the U.S. Department of Justice, the Federal Bureau of Investigation, any other federal or state law enforcement agency, any regulatory body, or any third party regarding the investigation, the Covered Products, or any subject matter within the scope of this Supplemental Notice, you must immediately direct such inquiries to:

• Priya Anand, General Counsel, Torchlight Mining Corp.

• Elaine Forsythe, Partner, Calderwood & Harkness LLP

You are not required to speak with government investigators or agents without the presence of counsel, and you have the right to consult with an attorney before responding to any inquiries. If you wish to retain personal legal counsel in connection with this matter, you may do so, and you should inform Calderwood & Harkness of the identity of your personal counsel. TMC will evaluate requests for coverage of personal legal fees on an individual basis, consistent with applicable law and Company policy.

Do not provide any documents, data, or information to any government agent, investigator, or third party without prior authorization from Priya Anand or Calderwood & Harkness.

Section 11: Duration of the Hold

This Supplemental Litigation Hold Notice remains in effect indefinitely until formally released in writing by Priya Anand, General Counsel, Torchlight Mining Corp., or by Calderwood & Harkness LLP. No oral communication or informal indication may be relied upon as a release of this hold. Only a written release, signed by Priya Anand or a designated Calderwood & Harkness attorney, will be effective to terminate the preservation obligations set forth herein.

Periodic reminders will be issued to all named custodians to reinforce the continuing obligation to preserve relevant materials. These reminders will be issued at intervals determined by Calderwood & Harkness, and each reminder will require an updated acknowledgment from each custodian.

Departure from TMC. If your employment or engagement with TMC ends for any reason while this hold remains in effect — whether through resignation, termination, retirement, or otherwise — you must cooperate with TMC and Calderwood & Harkness to ensure that all relevant documents and devices are preserved before your departure. Specifically, you must:

(a) Not delete, destroy, or remove from TMC premises or systems any documents or ESI within the scope of this hold;

(b) Return all company-issued devices (laptops, smartphones, tablets, and other equipment) to TMC's IT department or to Calderwood & Harkness for preservation and imaging;

(d) Identify any documents or ESI in your possession, custody, or control that may be within the scope of this hold and that have not yet been collected; and

(e) Provide forwarding contact information to Priya Anand and Calderwood & Harkness so that you can be reached for follow-up communications or custodian interviews.

The preservation obligation survives the termination of your employment with TMC. Even after departure, you remain obligated to preserve any documents or ESI in your personal possession, custody, or control that fall within the scope of this Supplemental Notice.

Section 12: Questions and Compliance Confirmation

If you have any questions regarding the scope of this Supplemental Litigation Hold Notice, the preservation obligations described herein, the forensic collection process, or any other aspect of this matter, you should direct those questions to:

Priya Anand General Counsel Torchlight Mining Corp. 200 Bay Street, Suite 3400 Toronto, ON M5J 2J2, Canada and/or c/o Torchlight Mining (U.S.) Inc. 8750 West Sahara Avenue, Suite 210 Reno, NV 89117, USA

Email: panand@torchlightmining.com

Direct Tel: (416) 860-2200

Aaron Liu Lead Associate Calderwood & Harkness LLP 555 California Street, 40th Floor San Francisco, CA 94104, USA

Email: aliu@calderwoodharkness.com

Direct Tel: (415) 293-7145

Monica Reyes Associate Calderwood & Harkness LLP 555 California Street, 40th Floor San Francisco, CA 94104, USA

Email: mreyes@calderwoodharkness.com

Direct Tel: (415) 293-7198

CALDERWOOD & HARKNESS LLP Attorneys at Law
555 California Street, 40th Floor San Francisco, California 94104 Telephone: (415) 293-7000 Facsimile: (415) 293-7001 www.calderwoodharkness.com
PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION PREPARED AT THE DIRECTION OF COUNSEL
SUPPLEMENTAL LITIGATION HOLD NOTICE
TARGETED TO U.S. SPECIALTY MINERALS DIVISION PERSONNEL
Date: March 1, 2022
Drafted by: Calderwood & Harkness LLP (Aaron Liu, Lead Associate; Monica Reyes, Associate)
Issued under the authority and signature of: Priya Anand, General Counsel, Torchlight Mining Corp.
Distributed to: Named custodians in the U.S. Specialty Minerals Division, Torchlight Mining (U.S.) Inc., 8750 West Sahara Avenue, Suite 210, Reno, NV 89117, USA
Matter Reference: Calderwood & Harkness Matter No. 1039-00001
Re: U.S. Department of Justice Antitrust Division Grand Jury Investigation — Grand Jury No. GJ-22-0194, U.S. District Court, Northern District of California, San Francisco Division
Section 1: Purpose and Legal Basis of This Notice
This Supplemental Litigation Hold Notice (this "Supplemental Notice") is issued to you as a named custodian in the U.S. Specialty Minerals Division of Torchlight Mining (U.S.) Inc. ("TMC (U.S.)"), a wholly-owned subsidiary of Torchlight Mining Corp. ("TMC" or the "Company"). This Supplemental Notice complements, and should be read together with, the company-wide Litigation Hold Notice of even date (March 1, 2022) that has been issued to all TMC personnel globally (the "General Hold Notice"). To the extent any provision of this Supplemental Notice imposes obligations more specific or more extensive than those set forth in the General Hold Notice, the provisions of this Supplemental Notice shall control for recipients of this document.
This Supplemental Notice is directed specifically to personnel within the U.S. Specialty Minerals Division of TMC (U.S.) because the Division's operations are at the center of the investigation described below. Given the Division's direct involvement in the commercial activities under scrutiny, the preservation obligations applicable to Division personnel are more detailed and more particularized than the obligations set forth in the General Hold Notice, and this Supplemental Notice sets forth those additional requirements in full.
Background. On February 14, 2022, Torchlight Mining Corp. received Grand Jury Subpoena Duces Tecum No. GJ-22-0194-SD-003, issued by the Antitrust Division of the U.S. Department of Justice, San Francisco Field Office, in connection with a federal grand jury investigation pending before Grand Jury No. GJ-22-0194 in the U.S. District Court for the Northern District of California, San Francisco Division. The subpoena demands the production of a broad range of documents and electronically stored information ("ESI") relating to TMC's operations in the North American specialty-minerals market.
The grand jury investigation concerns suspected violations of Section 1 of the Sherman Antitrust Act, 15 U.S.C. § 1, specifically allegations of price-fixing, market allocation, and bid-rigging in the North American specialty-minerals sector. The products at issue include, but may not be limited to, high-purity feldspar, industrial talc, and rare-earth concentrates (collectively, the "Covered Products"). The investigation appears to focus on commercial conduct occurring during the period from approximately January 2017 through August 2021 (the "Alleged Conspiracy Period"), though the subpoena and preservation obligations extend beyond that window as described in greater detail below.
TMC has engaged Calderwood & Harkness LLP ("Calderwood & Harkness" or "outside counsel") as outside counsel effective February 18, 2022, to represent the Company in connection with this investigation and all related matters. All questions regarding this Supplemental Notice, the General Hold Notice, the investigation, or any of the preservation obligations described herein should be directed exclusively to Priya Anand, General Counsel, Torchlight Mining Corp., or to Calderwood & Harkness LLP at the contact information provided in Section 12 below. You should not attempt to address questions about the investigation or your obligations to any other person.
Legal Obligation. Federal law imposes a duty to preserve all documents and ESI that may be relevant to a pending or reasonably anticipated government investigation or litigation. This obligation arises independently under the common law and is reinforced by the federal obstruction statutes, including 18 U.S.C. § 1519 and 18 U.S.C. § 1512. Failure to preserve potentially relevant documents and ESI may constitute obstruction of justice and may result in severe sanctions, including criminal penalties of fines and imprisonment. This is not a theoretical risk; the Department of Justice actively prosecutes individuals and entities for spoliation and obstruction in connection with antitrust investigations.
Suspension of Routine Destruction. This Supplemental Notice supersedes any prior document-retention or document-destruction schedules, policies, or practices with respect to the categories of materials described herein. All routine destruction of documents, ESI, and data falling within the scope of this Supplemental Notice must cease immediately and remain suspended until this hold is formally released in writing. This includes, without limitation, any auto-delete features, retention policies applied to email accounts, scheduled purges of backup tapes or archival systems, and the routine disposal of paper files. If you are aware of any scheduled destruction event that may affect materials within the scope of this hold, you must notify Priya Anand and Calderwood & Harkness immediately.
Section 2: Named Custodians — Individual Recipients
This Supplemental Notice is directed to specific named custodians within the U.S. Specialty Minerals Division who have been identified, based on preliminary assessments conducted by Calderwood & Harkness in coordination with TMC management and TMC's internal legal department, as individuals whose files, communications, and records are likely to contain materials relevant to the grand jury investigation. The following individuals are among the named custodians receiving this Supplemental Notice:
•  Sandra Chu — Director, Pricing Analytics, U.S. Specialty Minerals Division, Torchlight Mining (U.S.) Inc. Ms. Chu has been responsible for the development and implementation of pricing models and pricing strategies for the Covered Products within the Division and is a key custodian for pricing-related documents and communications.
•  Thomas Eriksen — Regional Sales Manager (Western Region), U.S. Specialty Minerals Division, Torchlight Mining (U.S.) Inc. Mr. Eriksen has been responsible for sales activities, customer relationships, and bid submissions for the Covered Products in the Western Region of the United States and is a key custodian for customer-facing documents and competitor-contact records.
The full list of named custodians within the U.S. Specialty Minerals Division, comprising a total of thirty-four (34) individuals, is maintained by Calderwood & Harkness under the Data Collection Protocol established for this matter. Each of the thirty-four named custodians has received or will receive a copy of this Supplemental Notice. The identities of the named custodians are confidential and privileged, and should not be discussed among custodians except as necessary to fulfill the preservation obligations described herein and as directed by counsel.
Former Employee — Gavin Holt. Gavin Holt served as Vice President, U.S. Specialty Minerals Sales, until his departure from TMC effective September 30, 2021. Mr. Holt's role placed him at the center of the Division's sales operations and customer relationships during a substantial portion of the Alleged Conspiracy Period. Although Mr. Holt is no longer employed by TMC and is therefore not a direct recipient of this Supplemental Notice, a separate preservation notice is being addressed to Mr. Holt through his personal counsel, Patrick Dunleavy, Esq., Briarcliff Law Group PLLC, 50 California Street, Suite 2800, San Francisco, CA 94111. Named custodians who possess documents or communications relating to Mr. Holt, his instructions, or his activities are required to preserve such materials in accordance with Section 3.6 below.
Individual Responsibility and Acknowledgment. Each named custodian is individually responsible for compliance with the preservation obligations set forth in this Supplemental Notice. Receipt of this notice must be acknowledged by each custodian through the execution and return of the Acknowledgment and Compliance Certification attached hereto as Exhibit A. Acknowledgment may be provided by signed hard copy or by email confirmation directed to Priya Anand, General Counsel, at the address provided in Section 12. The deadline for acknowledgment is set forth in Section 12 below.
Section 3: Scope of Preservation — Subject Matter
All documents and ESI relating to the following subject matters must be preserved, regardless of format, storage location, or medium. The term "documents" as used in this Supplemental Notice is to be construed in the broadest possible sense and includes all writings, recordings, electronic files, images, and any other form of recorded information, whether created by you or received by you, whether in final or draft form, and whether maintained in your office, on your devices, in shared repositories, or in any other location.
3.1 Pricing of Covered Products
You must preserve all documents concerning the pricing, pricing strategies, pricing decisions, price lists, price adjustments, price announcements, and price negotiations for high-purity feldspar, industrial talc, and rare-earth concentrates sold to U.S. customers. This category includes, without limitation:
(a) Internal pricing models, algorithms, and analytical tools used to set or evaluate prices for Covered Products;
(b) Pricing analytics reports, dashboards, and summaries prepared by or circulated within the U.S. Specialty Minerals Division;
(c) Cost analyses, margin reports, profitability assessments, and cost-of-goods-sold calculations relating to Covered Products;
(d) Price lists, price sheets, published prices, and any communications distributing or announcing prices for Covered Products to customers, distributors, or sales personnel;
(e) Records of price adjustments, price increases, price decreases, and the timing and rationale for such changes;
(f) Pricing-approval workflows, including records of management approvals, sign-offs, and escalation procedures for pricing decisions;
(g) Communications (internal or external) discussing or negotiating prices for Covered Products with customers, including proposals, quotes, counter-offers, and final agreed-upon prices;
(h) Any analyses or reports benchmarking TMC's prices against competitor prices for Covered Products; and
(i) Any documents reflecting discussions about pricing coordination, pricing alignment, or pricing understandings with competitors or other market participants.
Time Period: The preservation obligation for pricing-related materials covers the period from January 1, 2015 through the present (March 1, 2022). Although the Alleged Conspiracy Period runs from approximately January 2017 through August 2021, the preservation window extends beyond the Alleged Conspiracy Period in both directions to include pre-conspiracy context (which may be relevant to establishing the formation and evolution of any alleged agreement) and post-conspiracy conduct (which may be relevant to determining whether the alleged conduct continued, was concealed, or was terminated). Custodians should err on the side of over-preservation with respect to the time period.
3.2 Competitor Communications and Contacts
You must preserve all communications, in any form, with any employee, officer, agent, consultant, or representative of the following entities:
(a) Ridgecrest Minerals Inc., headquartered in Denver, Colorado;
(b) Pinnacle Earth Resources Ltd., headquartered in Sudbury, Ontario, Canada, with U.S. operations based in Salt Lake City, Utah;
(c) Cascade Chemical Supply Co., headquartered in Spokane, Washington; and
(d) Any other company, entity, or individual engaged in the production, processing, distribution, or sale of specialty minerals (including feldspar, talc, rare-earth concentrates, or related mineral products) in North America or globally.
This preservation obligation encompasses all communications regarding prices, pricing strategies, customer identities, customer preferences, bid opportunities, tender submissions, market allocation, production volumes, production capacity, supply levels, demand forecasts, inventory positions, or any other competitively sensitive information. The obligation applies regardless of whether the communication was initiated by you or by the competitor contact, and regardless of the channel of communication.
Of particular importance, this category specifically includes all communications transmitted via the VaultChat encrypted messaging application. Detailed instructions regarding VaultChat preservation are set forth in Section 5 below, and those instructions must be followed immediately and precisely.
The preservation obligation for competitor communications covers the period from January 1, 2015 through the present (March 1, 2022).
3.3 Customer Allocation and Bid Activity
You must preserve all documents relating to customer allocation, customer lists, customer segmentation, bid preparation, bid submissions, tender responses, request-for-proposal ("RFP") responses, and request-for-quotation ("RFQ") responses for the Covered Products. This category includes, without limitation:
(a) Customer lists, customer relationship summaries, and customer-assignment records;
(b) Bid and tender preparation materials, including internal bid-review meetings, bid strategy discussions, pricing worksheets, and bid-approval records;
(c) Final bid submissions and tender responses sent to customers or procurement entities;
(d) Records of bid outcomes, including win/loss analyses and debriefs;
(e) Any documents reflecting agreements, understandings, arrangements, or discussions — whether internal or with competitors — regarding which companies would serve which customers, which companies would submit bids or refrain from bidding on specific opportunities, or how customers or territories would be allocated among competitors; and
(f) Correspondence with customers regarding the allocation or availability of Covered Products.
The preservation obligation for customer allocation and bid activity materials covers the period from January 1, 2015 through the present (March 1, 2022).
3.4 Trade Association Activities — NASMC
You must preserve all documents relating to the North American Specialty Minerals Council ("NASMC"), a trade association headquartered at 2300 Wilson Boulevard, Suite 400, Arlington, Virginia 22201. NASMC has been identified as a venue where TMC personnel may have had contact with competitor personnel, and the organization's conferences and events are of significant interest to the investigation. The preservation obligation for NASMC-related materials includes, without limitation:
(a) Conference invitations, registration materials, agendas, programs, and schedules for all NASMC events attended by you or known to you;
(b) Attendee lists and participant rosters for NASMC events;
(c) Travel records, itineraries, boarding passes, hotel reservations, and expense reports associated with NASMC events;
(d) Meeting notes, minutes, presentations, handouts, slide decks, and other materials distributed or presented at NASMC events;
(e) All communications — including emails, text messages, instant messages, VaultChat messages, and handwritten notes — sent, received, or created before, during, or after NASMC conferences or events, including communications with competitor personnel;
(f) Documents relating to side meetings, informal gatherings, private dinners, social events, hospitality functions, golf outings, or any other off-agenda activities occurring at or around NASMC conferences; and
(g) Any NASMC committee materials, working-group documents, or task-force reports in which you participated or which you received.
Events of Particular Interest. The following NASMC quarterly conferences are of particular interest to the investigation and materials relating to these events should be preserved with the highest priority:
•  NASMC Quarterly Conference, Arlington, Virginia — all events held between 2017 and 2021;
•  NASMC Quarterly Conference, Scottsdale, Arizona — all events held between 2017 and 2021; and
•  NASMC Quarterly Conference, Orlando, Florida — all events held between 2017 and 2021.
However, the preservation obligation is not limited to these specific events; all NASMC-related materials from January 1, 2015 through the present must be preserved.
3.5 Internal Compliance Materials
You must preserve all documents relating to TMC's antitrust compliance policy, which was originally adopted in approximately 2014, and any subsequent amendments, revisions, or updates to that policy. This category includes, without limitation:
(a) Copies of the antitrust compliance policy itself, in all versions;
(b) Training records, attendance logs, sign-in sheets, and certificates of completion for antitrust compliance training sessions;
(c) Training materials, presentations, handouts, and reference guides distributed in connection with antitrust compliance training;
(d) Compliance certifications executed by employees, including annual or periodic certifications of compliance with the antitrust policy;
(e) Records of any compliance inquiries, hotline reports, whistleblower complaints, or internal investigations relating to potential antitrust concerns;
(f) Communications with TMC's legal department, compliance department, or outside counsel regarding antitrust compliance questions or concerns; and
(g) Any documents reflecting the scheduling, cancellation, or postponement of antitrust compliance training sessions.
It is noted that TMC's last annual antitrust compliance training took place in approximately 2018. All compliance-related records from 2014 through the present must be preserved, including any records reflecting the absence of training after 2018.
3.6 Communications with or about Gavin Holt
You must preserve all documents and communications to, from, or referencing Gavin Holt, who served as Vice President, U.S. Specialty Minerals Sales, until his departure from TMC effective September 30, 2021. This category includes, without limitation:
(a) All emails sent to or received from Gavin Holt, including all attachments;
(b) All VaultChat messages exchanged with Gavin Holt;
(c) All text messages (SMS, Westmark Software, Meridian Services Inc., or any other platform) exchanged with Gavin Holt;
(d) All voicemails left by or for Gavin Holt;
(e) All calendar entries reflecting meetings, calls, or events involving Gavin Holt;
(f) All meeting notes, memoranda, and summaries reflecting discussions with or directives from Gavin Holt;
(g) All documents reflecting instructions given by Gavin Holt regarding pricing, price adjustments, customer allocation, bid strategy, competitor contacts, or any other subject matter within the scope of this Supplemental Notice; and
(h) All documents referencing Gavin Holt, including documents in which his name appears in the body text, metadata, or distribution list.
Specific Instruction to Sandra Chu: Ms. Chu must preserve, with particular care, all documents reflecting pricing-adjustment instructions received from Gavin Holt at any time during her tenure as Director, Pricing Analytics, U.S. Specialty Minerals Division. This includes, without limitation, emails, VaultChat messages, handwritten notes, spreadsheets with annotations, pricing models reflecting Holt-directed changes, and any other records of pricing directives originating from or attributed to Mr. Holt.
The preservation obligation for Gavin Holt-related materials covers the period from January 1, 2015 through the present (March 1, 2022), including materials created or received after Mr. Holt's departure that reference him or his prior activities.
3.7 General Business Documents
In addition to the subject-matter categories set forth above, each named custodian must preserve the following general business documents:
(a) Organizational charts, reporting structures, and delegation-of-authority documents for the U.S. Specialty Minerals Division, in all versions maintained by the custodian;
(b) Employment records, offer letters, employment agreements, performance reviews, performance improvement plans, bonus and incentive records, and compensation records for the named custodian;
(c) Calendars, appointment books, and scheduling records (electronic or paper) for the named custodian from January 1, 2015 through the present;
(d) Travel records, including travel authorizations, itineraries, boarding passes, hotel records, car rental records, and related documentation, for the named custodian from January 1, 2015 through the present; and
(e) Expense reports and supporting receipts for the named custodian from January 1, 2015 through the present.
Section 4: Scope of Preservation — Document Types and Formats
The preservation obligation set forth in this Supplemental Notice extends to all formats of documents and ESI, without exception. Custodians must not assume that any particular format, medium, or storage location is excluded from the scope of this hold. The following list is illustrative, not exhaustive:
Emails. All emails — sent, received, in draft form, and deleted but potentially recoverable — from TMC corporate email accounts (including your @torchlightmining.com or @tmcus.com address), including all attachments to such emails. This includes emails stored in your inbox, sent items folder, deleted items folder, archive folders, personal folders (.pst files), and any other email repositories. If you maintain multiple email accounts for TMC business, all such accounts are within scope.
Instant Messages and Chat Applications. All messages transmitted through instant messaging or chat applications, specifically including VaultChat messages (see Section 5 below for detailed instructions), Northgate Data Systems messages, Meridian Solutions messages, and messages sent through any other messaging platform used for business communications or competitor communications. This includes direct messages, group messages, channel messages, and any media or files shared through such platforms.
Text Messages (SMS/Westmark Software/Meridian Services Inc.). All text messages sent or received via SMS, Tidewater Industries Westmark Software, Meridian Services Inc., Signal, Kestrel Data Systems, or any other text-messaging service, on both company-issued and personal devices, to the extent such messages relate to TMC business, competitor contacts, trade-association activities, or any other subject matter within the scope of this Supplemental Notice. Detailed instructions regarding personal devices are set forth in Section 6 below.
Paper Documents. All paper documents, including handwritten notes, printed emails or other communications, meeting notes, notebooks, journals, desk files, marked-up drafts, annotated copies of reports or presentations, business cards (particularly those of competitor personnel), and any other physical records. Do not discard any paper documents that may fall within the scope of this hold, even if you believe an electronic version exists.
Electronic Files. All electronic files, including word processing documents (Ashbury Holdings Word, Stonefield Health IT, or equivalent), spreadsheets (Ashbury Holdings Excel, Stonefield Services Inc., or equivalent), presentations (Ashbury Holdings Northgate Services Inc., Pemberton Services Inc., or equivalent), PDF files, database records and exports, and any other electronically stored files. This includes files stored on local hard drives, network drives, shared drives (including mapped drives), USB drives or other removable media, and cloud storage platforms (including Aldermere Systems, Cobalt Ridge Systems, Hollowell Health IT, Larkspur Technologies, and similar services).
Calendar Entries. All electronic calendar entries, appointments, meeting invitations, and event records maintained in Hollowell Systems, Brightmoor Services Inc., or any other calendaring application, for the preservation period of January 1, 2015 through the present.
Voicemail. Any saved voicemail messages on company-issued or personal devices, or in any voicemail-to-email system, that relate to TMC business or any subject matter within the scope of this Supplemental Notice.
Metadata. Documents must be preserved in their native format to the maximum extent possible in order to maintain metadata, including but not limited to file creation dates, modification dates, author information, recipient information, edit history, and system-generated tracking data. Do not convert native files to PDF or other formats, as this may result in the loss of metadata. Do not print electronic files as a substitute for preserving the electronic originals.
Section 5: Specific Instructions Regarding VaultChat Encrypted Messaging Application
VaultChat is an encrypted messaging platform that has been identified, through preliminary investigation, as a communication channel used by certain TMC personnel for business discussions, including — critically — communications with personnel at competitor firms. Given the encrypted and potentially ephemeral nature of VaultChat communications, the preservation of VaultChat data is of the highest priority and requires your immediate attention and action.
Immediate Actions Required. Each named custodian who has installed, used, or had access to the VaultChat application on any device must take the following steps immediately upon receipt of this Supplemental Notice:
1.  Do NOT delete, uninstall, or modify the VaultChat application on any device, whether company-issued or personal. The application must remain installed and operational in its current state.
2.  Do NOT delete any VaultChat messages, conversations, media files, or attachments. This prohibition applies to all VaultChat content, regardless of the identity of the other party to the conversation and regardless of the subject matter of the communication.
3.  Do NOT enable any auto-delete or ephemeral-messaging settings within VaultChat. If VaultChat offers any feature that automatically deletes messages after a specified period of time (sometimes referred to as "disappearing messages," "self-destructing messages," or similar terminology), that feature must not be enabled.
4.  If any "disappearing messages" feature or equivalent auto-delete function is currently enabled in your VaultChat settings, disable it immediately and notify Calderwood & Harkness (Aaron Liu) within twenty-four (24) hours. When disabling the feature, note the date and time of disablement and the settings that were previously in effect (e.g., the auto-delete time interval).
5.  Provide all devices on which VaultChat is or was installed to Redstone Digital Forensics Inc. for forensic imaging at the earliest possible date. Redstone Digital Forensics Inc. (Neil Ashworth, Project Director, 7925 Jones Branch Drive, Suite 600, McLean, Virginia 22102) has been retained by Calderwood & Harkness to conduct forensic data collection. Scheduling of forensic imaging sessions will be coordinated through Aaron Liu at Calderwood & Harkness LLP (555 California Street, 40th Floor, San Francisco, CA 94104; direct line and email to be provided separately). You will be contacted individually to arrange a specific date and time for device collection.
6.  If you have previously deleted VaultChat messages at any time, do not attempt to recover them yourself. Instead, notify Calderwood & Harkness (Aaron Liu) immediately so that forensic recovery can be attempted by Redstone Digital Forensics using specialized tools and techniques. Self-recovery attempts may compromise forensic integrity and may render deleted data unrecoverable.
Scope of VaultChat Preservation. The VaultChat preservation obligation covers all VaultChat messages from January 1, 2015 through the present (March 1, 2022), exchanged with any person, whether internal to TMC or external. Particular emphasis should be placed on the preservation of communications with the following individuals:
•  Carl Edgerton, Vice President of Sales, Ridgecrest Minerals Inc., Denver, Colorado; and
•  Kevin Tsang, former Senior Vice President, Commercial Operations, Pinnacle Earth Resources Ltd., Sudbury, Ontario / Salt Lake City, Utah.
Communications with these individuals, if they exist on your devices, are of critical importance to the investigation. However, communications with any other person — including other competitor personnel, trade-association contacts, customers, TMC colleagues, or personal contacts — must also be preserved if they are stored within the VaultChat application on your devices.
If you have any questions about VaultChat preservation or encounter any technical difficulties in complying with these instructions, contact Aaron Liu at Calderwood & Harkness immediately. Do not delay reporting any issues.
Section 6: Personal Devices and Non-Company Systems
The preservation obligation set forth in this Supplemental Notice extends to documents and ESI stored on personal devices — including personal smartphones, tablets, laptops, desktop computers, and home computers — if those devices were used at any time during the preservation period (January 1, 2015 through the present) for any TMC business communications or to communicate with competitors, trade-association contacts, or customers regarding the Covered Products or any subject matter within the scope of this Supplemental Notice.
Each named custodian must take the following steps with respect to personal devices:
1.  Identify all personal devices that you have used for any TMC business communications during the period from January 1, 2015 through the present. This includes devices that you may no longer actively use but that may still contain relevant data (e.g., a prior-generation smartphone that has been replaced but not wiped). Report these devices on the Acknowledgment and Compliance Certification (Exhibit A).
2.  Make those devices available for forensic imaging by Redstone Digital Forensics Inc. upon request. You will be contacted individually by Aaron Liu at Calderwood & Harkness to schedule forensic imaging of your personal devices.
3.  Do NOT delete any text messages, emails, applications (including VaultChat), photographs, voicemails, or files from personal devices. This prohibition applies immediately and remains in effect for the duration of this hold.
4.  Preserve any personal email accounts (e.g., Northgate Software, Northpoint Solutions, Ridgeline Services Inc..com, Greaves Solutions, Meridian Systems Mail, or any other personal email service) that you have used at any time for TMC business communications, competitor communications, or communications relating to any subject matter within the scope of this Supplemental Notice. Do not delete any messages or folders from such accounts. Report these accounts on the Acknowledgment and Compliance Certification (Exhibit A).
TMC and its counsel recognize that personal devices and personal email accounts contain private, non-business information, and TMC will respect the privacy of custodians to the greatest extent consistent with its legal obligations. The forensic imaging protocols developed by Redstone Digital Forensics, under the supervision of Calderwood & Harkness, will be designed to target only business-related content. Specifically, Calderwood & Harkness and Redstone will employ keyword filters, date-range restrictions, and domain-based filtering to minimize the collection and review of purely personal materials. Only data responsive to the defined search parameters will be collected for review; non-responsive personal data will not be retained. If you have concerns about the privacy implications of personal-device imaging, you may raise those concerns with Aaron Liu or Monica Reyes at Calderwood & Harkness, and reasonable accommodations will be considered.
Section 7: Cloud Storage and Backup Systems
You must preserve all data stored in cloud accounts associated with TMC business, including but not limited to accounts on the following platforms:
•  Sundial Systems
•  Ashbury Holdings Cobalt Ridge Systems
•  Crestline Software (including Hollowell Health IT, Northgate Software, Brightmoor Services Inc., and other integrated services)
•  Larkspur Technologies
•  box
•  Any other cloud-based file storage, file sharing, or collaboration platform used for TMC business purposes
Do not delete, modify, move, or reorganize any files in cloud-based repositories that may contain materials within the scope of this Supplemental Notice. Do not alter sharing permissions, access rights, or version histories for documents stored in cloud platforms.
TMC's Information Technology department, under the direction of Calderwood & Harkness and in coordination with Redstone Digital Forensics Inc., will be conducting server-level preservation activities, including the preservation of backup tapes, archival data, and system-level snapshots. These activities are being managed centrally and do not relieve individual custodians of their personal preservation obligations. You must cooperate fully with any requests from TMC's IT department, Calderwood & Harkness, or Redstone Digital Forensics related to this hold, including requests for account credentials, access permissions, or other technical information necessary to complete data preservation and collection.
Section 8: Prohibition on Destruction, Alteration, or Concealment
Effective immediately, all routine document-destruction policies, retention schedules, auto-delete features, and automated purge processes are suspended with respect to any materials that potentially fall within the scope of this Supplemental Notice. This suspension overrides all prior retention policies and schedules applicable to the U.S. Specialty Minerals Division and its personnel, and it remains in effect until the hold is formally released in writing.
It is a violation of federal law to destroy, alter, conceal, cover up, or falsify any document, record, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States, or in relation to or contemplation of any such matter. The relevant federal statutes include, among others:
•  18 U.S.C. § 1519 — Destruction, alteration, or falsification of records in federal investigations and bankruptcy. Conviction under this statute carries a penalty of up to twenty (20) years of imprisonment.
•  18 U.S.C. § 1512 — Tampering with a witness, victim, or an informant, including obstruction through destruction or alteration of documents. Conviction under this statute carries penalties of up to twenty (20) years of imprisonment, depending on the specific subsection.
You must not, under any circumstances:
(a) Delete or destroy any documents, whether electronic or paper, that may fall within the scope of this Supplemental Notice;
(b) Alter, redact, modify, annotate (after the date of this notice), or edit any documents within the scope of this Supplemental Notice;
(c) Move documents to unauthorized locations, hidden folders, personal accounts, or third-party storage for the purpose of evading preservation or collection;
(d) Instruct, request, suggest, or encourage any other person — whether a TMC employee, a competitor contact, a trade-association contact, a friend, a family member, or any other person — to destroy, conceal, alter, or remove any documents that may be relevant to the investigation;
(e) Discuss the existence or substance of this Supplemental Notice, the General Hold Notice, or the investigation with any person outside TMC or its counsel, except as expressly authorized by Priya Anand or Calderwood & Harkness; or
(f) Take any other action that could have the effect of impairing the integrity, availability, or completeness of potentially relevant documents or ESI.
Reporting of Inadvertent Loss or Destruction. If you become aware that any potentially relevant materials have been inadvertently destroyed, lost, damaged, or rendered inaccessible — whether before or after the date of this Supplemental Notice — you must report this immediately to Priya Anand (General Counsel) and Aaron Liu (Calderwood & Harkness). Prompt reporting is essential and will be viewed favorably; concealment of destruction or loss, even if inadvertent, may have serious consequences.
Section 9: Coordination with Calderwood & Harkness and Redstone Digital Forensics
Redstone Digital Forensics Inc. (Neil Ashworth, Project Director, 7925 Jones Branch Drive, Suite 600, McLean, Virginia 22102) has been retained by Calderwood & Harkness LLP, effective March 15, 2022, to conduct forensic data collection from TMC systems and custodian devices in connection with this matter. Redstone is a nationally recognized digital forensics firm with extensive experience in antitrust investigations and government enforcement matters. All data collected by Redstone will be subject to the attorney-client privilege and work-product protections as materials collected at the direction of counsel.
Each named custodian will be contacted individually by Aaron Liu of Calderwood & Harkness to schedule the following collection activities:
(a) Forensic imaging of company-issued devices, including laptops, desktop computers, and company-issued smartphones or tablets;
(b) Forensic imaging of personal devices used for business communications, as identified by the custodian on the Acknowledgment and Compliance Certification (Exhibit A);
(c) Collection of VaultChat data from all devices on which VaultChat is or was installed;
(d) Collection of paper files and records maintained in the custodian's office, workspace, desk, file cabinets, or other physical storage locations; and
(e) Custodian interviews, which will be scheduled at a later date to discuss the custodian's document practices, communication habits, and knowledge of relevant facts.
Full cooperation with Redstone Digital Forensics and Calderwood & Harkness is mandatory. Custodians must make themselves and their devices available at the scheduled times and must provide any passwords, passcodes, encryption keys, or other access credentials necessary to enable forensic imaging and data collection. Delays in making devices or files available, or refusal to cooperate with collection efforts, may be treated as a failure to preserve and may have legal consequences for both the individual and the Company.
If you anticipate any scheduling conflicts or logistical difficulties with the collection process, contact Aaron Liu at Calderwood & Harkness as soon as possible to discuss alternative arrangements.
Section 10: Confidentiality
The existence and content of this Supplemental Litigation Hold Notice are confidential and are subject to the attorney-client privilege and work-product protections. This notice was prepared by Calderwood & Harkness LLP at the direction of counsel and issued under the authority of Priya Anand, General Counsel, in connection with the Company's response to a federal grand jury investigation. Disclosure of this notice or its contents to unauthorized persons could compromise the Company's legal position and may constitute a waiver of applicable privileges.
Accordingly, you must not discuss the Supplemental Hold Notice, the General Hold Notice, the grand jury investigation, the subpoena, or any related legal strategy or legal advice with any of the following:
(a) Any person outside Torchlight Mining Corp. and its authorized legal counsel, except as specifically directed by Priya Anand or Calderwood & Harkness;
(b) Any employee, officer, agent, consultant, or representative of Ridgecrest Minerals Inc., Pinnacle Earth Resources Ltd., Cascade Chemical Supply Co., or any other competitor in the specialty-minerals sector;
(c) Any member of the press, media, or any journalist or media organization;
(d) Any official, staff member, or representative of the North American Specialty Minerals Council ("NASMC") or any other trade association; and
(e) Any person on social media or any public forum.
Government Inquiries. If you are contacted by the U.S. Department of Justice, the Federal Bureau of Investigation, any other federal or state law enforcement agency, any regulatory body, or any third party regarding the investigation, the Covered Products, or any subject matter within the scope of this Supplemental Notice, you must immediately direct such inquiries to:
•  Priya Anand, General Counsel, Torchlight Mining Corp.
•  Elaine Forsythe, Partner, Calderwood & Harkness LLP
You are not required to speak with government investigators or agents without the presence of counsel, and you have the right to consult with an attorney before responding to any inquiries. If you wish to retain personal legal counsel in connection with this matter, you may do so, and you should inform Calderwood & Harkness of the identity of your personal counsel. TMC will evaluate requests for coverage of personal legal fees on an individual basis, consistent with applicable law and Company policy.
Do not provide any documents, data, or information to any government agent, investigator, or third party without prior authorization from Priya Anand or Calderwood & Harkness.
Section 11: Duration of the Hold
This Supplemental Litigation Hold Notice remains in effect indefinitely until formally released in writing by Priya Anand, General Counsel, Torchlight Mining Corp., or by Calderwood & Harkness LLP. No oral communication or informal indication may be relied upon as a release of this hold. Only a written release, signed by Priya Anand or a designated Calderwood & Harkness attorney, will be effective to terminate the preservation obligations set forth herein.
Periodic reminders will be issued to all named custodians to reinforce the continuing obligation to preserve relevant materials. These reminders will be issued at intervals determined by Calderwood & Harkness, and each reminder will require an updated acknowledgment from each custodian.
Departure from TMC. If your employment or engagement with TMC ends for any reason while this hold remains in effect — whether through resignation, termination, retirement, or otherwise — you must cooperate with TMC and Calderwood & Harkness to ensure that all relevant documents and devices are preserved before your departure. Specifically, you must:
(a) Not delete, destroy, or remove from TMC premises or systems any documents or ESI within the scope of this hold;
(b) Return all company-issued devices (laptops, smartphones, tablets, and other equipment) to TMC's IT department or to Calderwood & Harkness for preservation and imaging;
(c) Make personal devices available for forensic imaging, if not previously completed, prior to your departure;
(d) Identify any documents or ESI in your possession, custody, or control that may be within the scope of this hold and that have not yet been collected; and
(e) Provide forwarding contact information to Priya Anand and Calderwood & Harkness so that you can be reached for follow-up communications or custodian interviews.
The preservation obligation survives the termination of your employment with TMC. Even after departure, you remain obligated to preserve any documents or ESI in your personal possession, custody, or control that fall within the scope of this Supplemental Notice.
Section 12: Questions and Compliance Confirmation
If you have any questions regarding the scope of this Supplemental Litigation Hold Notice, the preservation obligations described herein, the forensic collection process, or any other aspect of this matter, you should direct those questions to:
Priya Anand General Counsel Torchlight Mining Corp. 200 Bay Street, Suite 3400 Toronto, ON M5J 2J2, Canada and/or c/o Torchlight Mining (U.S.) Inc. 8750 West Sahara Avenue, Suite 210 Reno, NV 89117, USA
Email: panand@torchlightmining.com
Direct Tel: (416) 860-2200
Aaron Liu Lead Associate Calderwood & Harkness LLP 555 California Street, 40th Floor San Francisco, CA 94104, USA
Email: aliu@calderwoodharkness.com
Direct Tel: (415) 293-7145
Monica Reyes Associate Calderwood & Harkness LLP 555 California Street, 40th Floor San Francisco, CA 94104, USA
Email: mreyes@calderwoodharkness.com
Direct Tel: (415) 293-7198
Do not attempt to resolve questions about your preservation obligations on your own or through consultation with colleagues. If you are uncertain whether a particular document or category of documents falls within the scope of this hold, preserve the document and contact counsel for guidance. When in doubt, preserve.
COMPLIANCE CONFIRMATION REQUIRED
Each named custodian must sign and return the attached Acknowledgment and Compliance Certification (Exhibit A) within five (5) business days of receipt of this Supplemental Notice — by no later than March 8, 2022. The signed Acknowledgment may be returned to Priya Anand via email (as a scanned PDF) at panand@torchlightmining.com or via hard copy delivered to the Reno or Toronto office. Failure to return the signed Acknowledgment by the deadline will be reported to Calderwood & Harkness and may result in follow-up action, including direct contact from counsel and, if necessary, escalation.
Signature block
ISSUED BY:
TORCHLIGHT MINING CORP.
By: ________
Name: Priya Anand
Title: General Counsel
Date: March 1, 2022
PREPARED BY:
CALDERWOOD & HARKNESS LLP Antitrust & Competition Practice Group
By: ________
Name: Aaron Liu
Title: Lead Associate
By: ________
Name: Monica Reyes
Title: Associate
555 California Street, 40th Floor San Francisco, CA 94104
Matter No. 1039-00001
EXHIBIT A
ACKNOWLEDGMENT AND COMPLIANCE CERTIFICATION
Matter: U.S. Department of Justice Antitrust Division Grand Jury Investigation — Grand Jury No. GJ-22-0194
Calderwood & Harkness Matter No.: 1039-00001
Date of Supplemental Litigation Hold Notice: March 1, 2022
Part 1: Acknowledgment
I, the undersigned, hereby confirm and certify the following:
1.  I have received and read in its entirety the Supplemental Litigation Hold Notice dated March 1, 2022, issued by Priya Anand, General Counsel, Torchlight Mining Corp., and prepared by Calderwood & Harkness LLP (the "Supplemental Notice").
2.  I understand my obligations to preserve all documents and electronically stored information ("ESI") as described in the Supplemental Notice, including but not limited to the subject-matter categories described in Section 3, the document types and formats described in Section 4, and the specific instructions regarding VaultChat set forth in Section 5.
3.  I confirm that, to the best of my knowledge, I have not destroyed, altered, concealed, or falsified any potentially relevant materials since learning of the investigation. If I become aware that any potentially relevant materials have been inadvertently destroyed, lost, or rendered inaccessible, I will report this immediately to Priya Anand and Calderwood & Harkness.
4.  I will comply with all preservation obligations set forth in the Supplemental Notice for as long as the litigation hold remains in effect.
5.  I understand that failure to comply with the preservation obligations may result in severe consequences, including criminal penalties under federal law.
Part 2: Identification of Personal Devices Used for TMC Business
Please identify all personal devices (i.e., devices not issued by TMC) that you have used at any time during the period from January 1, 2015 through the present for any TMC business communications, including communications with competitors, trade-association contacts, or customers regarding the Covered Products.
(Attach additional pages if necessary.)
Part 3: Identification of Personal Email Accounts Used for TMC Business
Please identify all personal email accounts that you have used at any time for TMC business communications, including communications with competitors, trade-association contacts, or customers regarding the Covered Products.
(Attach additional pages if necessary.)
Part 4: Identification of VaultChat Account
Please provide the following information regarding your use of the VaultChat encrypted messaging application:
(a) VaultChat Username: ___________
(b) Device(s) on which VaultChat is or was installed (identify each device by type, make, model, and whether company-issued or personal):
________________________________________
________________________________________
(c) Approximate date VaultChat was first installed or first used: ____
(d) Is the VaultChat application currently installed on any of your devices? (Y/N): __
(e) Have any VaultChat messages been deleted? (Y/N): __
(f) If yes, approximate date(s) of deletion and circumstances: ______
________________________________________
(g) Is any auto-delete or "disappearing messages" feature currently enabled? (Y/N): __
(h) If yes, describe the settings and confirm that you have disabled the feature as instructed: _________________
Part 5: Identification of Other Messaging or Communication Applications
Please identify any other messaging or communication applications (other than TMC corporate email, VaultChat, and standard telephone) that you have used at any time for TMC business communications, including communications with competitors, trade-association contacts, or customers.
(Attach additional pages if necessary.)
Part 6: Identification of Cloud Storage Accounts Used for TMC Business
Please identify any cloud storage accounts (other than TMC corporate Aldermere Systems or Cobalt Ridge Systems) that you have used at any time for the storage of TMC business files or documents.
(Attach additional pages if necessary.)
Part 7: Certification and Signature
I certify under penalty of perjury that the information provided in this Acknowledgment and Compliance Certification is true, complete, and correct to the best of my knowledge, information, and belief. I understand that this certification is being made in connection with a federal grand jury investigation and that any false statement or material omission may have legal consequences.
Custodian Name (Print): ________
Title: ________
Division: U.S. Specialty Minerals Division, Torchlight Mining (U.S.) Inc.
Signature: ________
Date: ________
RETURN INSTRUCTIONS: This completed and signed Acknowledgment and Compliance Certification must be returned to Priya Anand, General Counsel, Torchlight Mining Corp., by no later than March 8, 2022. Return by email (scanned PDF) to panand@torchlightmining.com or by hard copy to:
Priya Anand General Counsel Torchlight Mining Corp. c/o Torchlight Mining (U.S.) Inc. 8750 West Sahara Avenue, Suite 210 Reno, NV 89117, USA
PRIVILEGED AND CONFIDENTIAL — ATTORNEY-CLIENT COMMUNICATION
This Supplemental Litigation Hold Notice and all of its contents, including Exhibit A, are privileged and confidential attorney-client communications prepared at the direction of counsel. This notice and its contents are not to be disclosed to any third party without prior written authorization from Calderwood & Harkness LLP. Unauthorized disclosure may result in waiver of applicable privileges and may have adverse legal consequences.
Calderwood & Harkness LLP | 555 California Street, 40th Floor | San Francisco, CA 94104 | Matter No. 1039-00001
No. | Device Type (e.g., smartphone, tablet, laptop) | Make / Model | Approximate Date Range of Use | Currently in Your Possession? (Y/N)
1. | _________ | ____ | ______ | __
2. | _________ | ____ | ______ | __
3. | _________ | ____ | ______ | __
4. | _________ | ____ | ______ | __
No. | Email Address | Email Provider (e.g., Northgate Software, Cascade Health IT) | Approximate Date Range of Use for TMC Business
1. | ___ | ________ | __________
2. | ___ | ________ | __________
3. | ___ | ________ | __________
No. | Application Name (e.g., Meridian Services Inc., Harborline Technologies, Kestrel Data Systems, Meridian Solutions, etc.) | Device(s) on Which Installed | Approximate Date Range of Use
1. | ______________ | ______ | ______
2. | ______________ | ______ | ______
3. | ______________ | ______ | ______
No. | Cloud Storage Provider (e.g., Larkspur Technologies, Hollowell Health IT, box, Meridian Systems, etc.) | Account Email / Username | Approximate Date Range of Use
1. | _______________ | ______ | ______
2. | _______________ | ______ | ______

CALDERWOOD & HARKNESS LLP Attorneys at Law

SUPPLEMENTAL LITIGATION HOLD NOTICE

TARGETED TO U.S. SPECIALTY MINERALS DIVISION PERSONNEL

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