Extract to table

These provisions are dispositive of the justifiable reliance element of her fraudulent inducement counterclaim and must be the focal point of the examination

5 million in annual revenue — the Company's annualized revenue run-rate was declining to approximately $48 million, correct? • As CFO, you prepared or reviewed financial projections showing this revenue decline? • You understood that this level of revenue decline would make it extremely difficult, if not impossible, for Triton Harbor to cure its covenant defaults in the near term, correct? Goal for this section: Elaine Kappel must be shown to have been fully informed about the depth of Triton Harbor's financial problems

This is important context for the September 12, 2023 meeting and the forbearance negotiations that followed: any statements by BRB personnel about a "long-term relationship" or a "path forward" must be understood against the backdrop of a seriously distressed credit that had been transferred to the bank's workout group

The examining attorney must be meticulous in pinning down exactly what was said, by whom, and in what context

The examining attorney must proceed methodically and leave no ambiguity in the record