2506003 Informal Interpretation

To submit documents under separate cover from a non-filing entity:

• Submit a filing supplement to the Buyer’s or Seller’s filing as you would submit a normal filing via Kiteworks. Identify the parties to the transaction as required and put the word “Supplement” and indicate which filing is being supplemented - A or B - in the message box.
• Include a cover letter explaining the reason for the supplement as you have done in the email and providing contact information for counsel.
• Provide an index of the D- and E- documents submitted using the format of the Business Documents section of the Form.
  • Counsel for the filer whose filing is being supplemented should provide you with the last numbers of the documents in their submission and you can continue the numbering.
  • Include a separate privilege log, if needed.
• The Form for the party whose filing is being supplemented should indicate that there will be additional documents to be submitted separately and include the name of the submitting entity.
• The filing supplement should be certified by an officer or alternative official as required under Rule 803.6. Use the certification page from the Form, and include in the signature block “Certification limited to the supplementary responses by [Name of the entity submitting the additional documents] to the Business Documents section of the Form submitted by [Name of entity filing]”.