Extract to table

Current Posture of the Investigation To properly frame the negotiation strategy, the team must understand the current posture of the investigation as it relates to the other corporate subjects/targets and the cooperating entities and individuals

Any final NPA must be approved by the TMC Board of Directors prior to execution

Accounting and Disclosure Implications The monetary payment term of the NPA has significant accounting and securities-disclosure implications that must be coordinated across multiple advisors

The team must ensure that the NPA's cooperation provisions are narrowly tailored to the identified conduct and do not create open-ended or unbounded obligations

Any cooperation obligation with respect to making employees available must expressly acknowledge the limitation on TMC's ability to compel the cooperation of Gavin Holt

The NPA must contain express language acknowledging this limitation