Subject:

Moelis confidentiality agreement for follow-up materials

From:
"De Girolamo, Carlo" carlo.degirolamo@moelis.com
To:
mark@nichemkting.com
CC:
"Hunter Biden" hbiden@rosemontseneca.com, "Henkels, Mark" mark.henkels@moelis.com
Date:
2011-06-03 12:34
Attachments:
BR NDA (Moelis 5-27-11).doc

Mark,

 

In case you did not receive my original email, find attached a markup of the BR NDA with our comments.

 

Feel free to email or give me a call at 212-883-3856.

 

Regards,
Carlo.


From: De Girolamo, Carlo
Sent: Friday, May 27, 2011 1:45 PM
To: Mark O'Malley; Henkels, Mark
Cc: 'Hunter Biden'
Subject: RE: Moelis confidentiality agreement for follow-up materials

 

Mark,


Find attached comments on the NDA from our internal counsel. Since the NDA references investors, we have changed the language to reflect our potential role as an advisor. In addition, since we will be receiving information related to Developer’s Company, we will need to know the name of that company before we can sign the agreement.

 

We look forward to learning more about the opportunity at the meeting in June. Feel free to contact me should you have any questions.


CD

 


From: Mark O'Malley [mailto:mark@nichemkting.com]
Sent: Friday, May 27, 2011 11:02 AM
To: Henkels, Mark
Cc: De Girolamo, Carlo; 'Hunter Biden'
Subject: FW: Moelis confidentiality agreement for follow-up materials

 

Mark,

 

Thanks again for taking the time earlier this week to learn more about BR.  (Carlo, thank you for the follow-up on the NDA.) BR’s preference is to use their own NDA (please see below).  Provided that the BR NDA is not an issue, Jim Mennell  would welcome a meeting, and will already be in NY with his President and CFO from 6/6 through 6/8.  Please advise.

 

Regards,

Mark

(m) 312-953-8850

From: Jim Mennell <jmennell@envirolawgroup.com>

Date: Thu, 26 May 2011 2 0:21:10 -0500

To: Mark O'Malley<mark@nichemkting.com>; Jim Mennell<jmennell@biogenicreagents.com>

Cc: Rico Biasetti<rbiasetti@biogenicreagents.com>

Subject: RE: Moelis confidentiality agreement for follow-up materials

 

Mark,

 

We would prefer if possible to use our NDA (attached) because we prefer the tailored definition of "Confidential Information" included in our document, and we prefer the 3-year term over the 1-year term included in Moelis' document.  Please let me know if this will be a problem.  Thank you.  --Jim

 

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