<table><tr><th>From:</th><th>Richard Kahn</th></tr><tr><td>Sent:
To:</td><td>Thursday, April 5, 2018 2:30 PM
Jeffrey E.</td></tr><tr><td>Subject:</td><td>Max</td></tr></table>

Richard Kahn
HBRK Associates Inc.
575 =exington Avenue 4th Floor
New York, NY 10022

| Field | Value |
|---|---|
| Type | Forwarded email header |
| Header line | "Begin forwarded message:" |
| From | [redacted] (black redaction box over sender) |
| Subject | "RE:" (prefixed with visible HTML artifact "=/b>") |
| Date | April 5, 2018 at 10:28:02 AM |
| To | 'Richard Kahn' [redacted] (black redaction box over recipient) |
| Other text visible | Leading/trailing "Rich -" |
| Visual/artifact notes | Black redaction boxes over sender/recipient; stray HTML-like tags "= /b>" and "=DT" visible |

Rich -

I will definitely be in touch with any questions (today if I =an). But a resolution today will not be possible. Harry is =onsidering the alternatives you've suggested, as am I. I will =lso want to review the alternatives with Noam's daughters. (As I =ave noted, although they are not trustees they remain essential parties =o any settlement.)

In addition to =he substantive pros and cons of each approach, I will also need to =onsider the tax implications of the various alternatives that have been =uggested (annuity, unitrust or division/distribution), since we don't =ant any resolution to constitute an impermissible disposition of a =arital trust, as that would trigger very substantial Massachusetts and =ederal estate taxes, interest and penalties, based on the retroactive =isallowance of the marital deduction taken at the time of Carol =homsky's death. With respect to this aspect, if Beth Tractenberg =s already familiar with this case, perhaps we could have the benefit of =er insight on these issues? I would be grateful for that.

With respect to the annuity alternative, I'm =ot entirely sure I understand the materials provided by Jarad Minsky. =n particular it's not clear to me whether the annuity illustration =hows a five year payout, with no further payments even if Noam is still =iving in 2023, or whether it illustrates a minimum five year payout =even if Noam dies

during that time period). Would you have any =bjection to my speaking with Jarad directly to clear up that question =and perhaps others)?

Thanks,

Max

A. Max Kohlenberg
Howland Evangelista =ohlenberg Burnett, LLP
One Financial Plaza – =uite 1600
Providence, Rhode Island 02903

This email and any attachments =hereto are intended only for use by the addressee(s) named herein and =ay contain legally privileged and/or confidential information. If =ou are not the intended recipient of this email, you are hereby =otified that any dissemination, distribution or copying of this email, =nd any attachments thereto, is strictly prohibited. If you have =eceived this email in error, please immediately notify me by return =mail and permanently delete the original and any copy of this message =r attachment. Thank you.

-----Original Message-----
From: =ichard Kahn
Sent: =hursday, April 05, 2018 9:26 AM
To: Max Kohlenberg
Subject:

I'm hoping for = resolution today . If you have any questions please lets set a time to =peak. Thank you

Richard Kahn
HBRK Associates Inc.
575 Lexington Avenue 4th Floor
New York, NY =0022
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## On Apr 4, 2018, at 9:09 =M, Max Kohlenberg <MKohlenberg@hekblaw.com> wrote:

Thanks for this Rich. I will review it =and the prior email with attachments). I will get back to you =SAP with any questions.

A. =ax Kohlenberg
Howland Evangelista Kohlenberg Burnett, LLP =ne Financial Plaza -
Suite 1600 Providence, Rhode Island =2903
Direct: 401.283.1239
Main: =nbsp;401.283.1234
Fax: 401.283.1221
mkohlenberg@hekblaw.com
www.hekblaw.com

This email and any attachments =hereto are intended only for use by the addressee(s) named herein and =ay contain legally privileged and/or confidential information. If =ou are not the intended recipient of this email, you are hereby =otified that any dissemination, distribution or copying of this email, =nd any attachments thereto, is strictly prohibited. If you have =eceived this email in error, please immediately notify me by return =mail and permanently delete the original and any copy of this message =r attachment. Thank you.

-----Original Message-----
From: Richard Kahn [mailto:richardkahn12@gmail.com]
Sent: Tuesday, April 03, 2018 5:15 PM
To: Max =ohlenberg
Subject:

max:

without noams approval: which i would =ndertake to get - we can do a guaranteed 5 year payout for the 2 =illion leave the balance for harry and sisters.

if =oam passes the balance of the 5 year goes to his estate... =nbsp; easy

Richard =ahn
HBRK Associates Inc.
575 Lexington =venue 4th Floor
New York, NY 10022
tel =12-971-1306
fax 212-320-0381
cell =17-414-7584

## On Apr 4, 2018, at 9:09 =M, Max Kohlenberg <MKohlenberg@hekblaw.com> wrote: (cont.)

4