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COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss. SUPERIOR COURT
DEPARTMENT OF THE TRIAL
COURT
In the Matter of:
AM BUYER, LLC, a Delaware limited In Re: Subpoena Ad Testificandum to
liability company, and AM Jimmy S. Pappa.
INTERMEDIATE PARENT, INC.,
a Delaware corporation,
Plaintiffs,
C.A. No. N23C-11-167 PRW CCLD
(Pending in the Delaware Superior
vs.
| Court)
ARGOSY INVESTMENT PARTNERS
IV, L.P., a Delaware limited partnership,
and ANVIL CAPITAL PARTNERS III,
L.P., a Delaware limited partnership,
Defendants.
|
|
PROPOSED ORDER GRANTING APPLICATION TO
DOMESTICATE DELAWARE SUBPOENA PURSUANT
TO M.G.L.C. 223A § 11 AND M.G.L.C. 223 § 45
On this day of | , 2024, upon the Application of AM
Buyer, LLC and AM Intermediate Farent, Inc. for an Order directing the issuance
and enforcement of a Subpoena Ad Testficandum pursuant to M.G.L. ¢. 223A, §
11 and M.G.L. c. 233, § 45, in connection with the action styled as AM Buyer, LLC
and AM Intermediate Parent, Inc. v, Argosy Investment Partners IV, L.P. and Anvil
Capital Partners HI, L.P., C.A. No! N23C-11-167 (PRW)(CCLD) currently
pending in the Superior Court for the State of Delaware (the “Delaware Action”), it
is HEREBY ORDERED as follows
1 The Application to Domesticate a Delaware Subpoena 4d
Testificandum is GRANTED;
2 Counsel for the Applicants shall issue and serve. the Massachusetts
Subpoena Ad Testificandum for the deposition of Jimmy S. Pappas under the
practice and procedures of Delaware and the Commonwealth of Massachusetts,
I
3 Jimmy 8. Pappas shall to appear on behalf of plaintiffs AM Buyer,
LLC and AM Intermediate Parent, Ine, before a Notary Public of the
Commonwealth, at the offices of Veritext Legal Solutions, 101 Arch Street,
Boston, Massachusetts 02110 on April 30, 2024 at 10:00 a.m., or on such other
date or at such other location as the'parties agree, to testify as to his knowledge, at
the taking of the deposition in the above-captioned action.
Judge, Superior Court
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss. SUPERIOR COURT
DEPARTMENT OF THE TRIAL
COURT
In the Matter of: )
)
AM BUYER, LLC, a Delaware limited ) In Re: Subpoena Ad Testificandum to
liability company, and AM ) Jimmy
S. Pappas
INTERMEDIATE PARENT, INC., )
a Delaware corporation, )
) C.A. No. N23C-11-167 PRW CCLD
Plaintiffs,
(Pending in the Delaware Superior
' Court)
vs.
1
ARGOSY INVESTMENT PARTNERS
IV, L.P., a Delaware limited partnership,
and ANVIL CAPITAL PARTNERS III,
L.P., a Delaware limited partnership,
1
Defendants,
|
AFFIDAVIT IN SUPPORT OF APPLICATION TO
DOMESTICATE DELAWARE SUBPOENA
PURSUANT TO M.G.L.C, 223A § 11 AND M.G.L.C. 223 § 45
i
I, Sally E. Veghte, hereby depose and state:
1 Tam an attorney with Kehr Harrison Harvey Branzburg, LLP and
counsel to plaintiffs AM Buyer, LLC and AM Intermediate Parent, Inc.
(collectively, the “Applicants”) in connection with the action styled as AM Buyer,
LLC and AM Intermediate Parent, Inc. v. Argosy Investment Partners IV, L.P. and
Anvil Capital Partners II, L.P., Cus. No. N23C-11-167 (PRW)(CCLD) currently
l
pending in the Superior Court for the State of Delaware (the “Delaware Action”).
2. Applicants seek to take the deposition of non-party Jimmy S. Pappas
in Massachusetts for use in the Delaware Action pursuant to M.G.L. c. 223A, § 11
and M.G.L. c. 233, § 45.
3 Upon information and belief, non-party witness, Jimmy S. Pappas has
information relevant to the Delaware Action, or which may lead to the discovery of
admissible evidence, and compulsory process may be required in order to obtain
the information.
4 Applicants are interested parties under Mass. General Law 223A § 11
because they are parties in the Delaware Action.
5 This action arises from a Membership Interest Purchase Agreement
(the “MIPA”) between AM Buyer, ILLC (“Buyer”) and Defendants (together, the
“Parties”). Pursuant to the MIPA, Buyer agreed to pay a base price plus a potential
earnout payment for the acquisition of a group of companies.
6 As set forth in the Delaware Action, Marcum LLP was engaged by the
Parties in March 2022 as an independent accountant to address disputes over the
earnout payment among other items. At that time, Mr. Pappas was employed by
Marcum LLP and acted as the lead accountant in connection with the dispute over
the earnout payment. The Parties engaged their own accountants and submitted
statements and documents to Marcum LLP.
|
|
|
7 On October 21, 2022, Marcum issued an “Independent Accountant’s
Report, Earnout Dispute Re: Membership Interest Purchase Agreement” (the
“Report”). On November 1, 2022, Applicants filed the Delaware Action
challenging the Report.
8 Upon information and belief, Mr. Pappas is located in Suffolk County,
Massachusetts and is no longer employed by Marcum LLP, is not a party to the
Delaware Action and has not appeared in the Delaware Action. Applicants seek the
oral deposition of Mr. Pappas pursuant to Delaware Superior Ct. Civ. R. 45 and
Mass. R. Civ. P. 45.
9 As the accountant directly involved with the Report, the discovery
sought from Mr. Pappas is relevant, material and reasonably calculated to lead to
the discovery of admissible evidence related to the claims and/or defenses in the
|
Delaware Action. Mr. Pappas’ testimony is discoverable under Massachusetts and
the other state’s laws.
1
10. On March 7, 2024, Applicants filed a Motion for Commission for
Issuance of a Subpoena Ad Testificandum to Jimmy S. Pappas in the Delaware
1
Action. On March 13, 2024, the Superior Court for the State of Delaware entered
an Order Granting Applicants’ Motion for Commission for Issuance of a Subpoena
Ad Testificandum to Jimmy S. Pappas directing me to do all that is necessary and
required to obtain issuance of a subpoena ad testificandum directing Jimmy 8.
Pappas to appear at a deposition.
11. Applicants now seek the issuance of a Massachusetts subpoena ad
'
testificandum, directing Jimmy S. Pappas of Delta Consulting Group, 101 Federal
Street, Suite 1900, Boston, Massachusetts 02110, to appear for a deposition upon
examination to take place on April 30, 2024 at 10:00 a.m., at Veritext Legal
Solutions, 101 Arch Street, Boston, Massachusetts 02110, or on such other date or
at such other location as the parties agree. The deposition shall be taken under
oath and recorded and transcribed by a stenographer and shail continue from day to
day until completed.
12. The exhibits attached to the Application to Domesticate the Delaware
Subpoena are true and accurate copies of the documents.
13. Notice of the Court’s order granting the Commission was provided to
1
all parties in the Delaware Action and Applicants’ counsel filed a Notice of Intent
to Serve the Massachusetts Subpoena to all parties in the Delaware Action which
complied with the Delaware Superior Court’s practice and procedure.
I declare under penalty of perjury that the foregoing is true and correct to the
best of my knowledge.
QoWueN Creo,
Sally E. Weghtefisquire
919 Market Street, Suite 1000
Wilmington, Delaware 19801
Telephone: (302) 552-5503
Email: sveghte@klehr.com
Sworn to and subscribed before me this
26th day of March, 2024
JESSE L BLEVINS
NOTARY PUBLIC
STATE OF DELAWARE
Notary Public My Commission Expires Sept. 30, 2024
My commission expires: g / 30 Lo. 2 yf
EXHIBIT A
go >
Efited: Mar 43 2024 03:0éP! BED
Transaction ID 72807388
>
i
Gase No. N23C-11-167 PRW &SS Ly
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE apse
AM BUYER, LLC, a Delaware limited )
liability company, and AM
INTERMEDIATE PARENT, INC., C.A. No. N23C-11-167 PRW CCLD
a Delaware corporation,
Plaintiffs,
Vv.
ARGOSY INVESTMENT PARTNERS
IV, L.P., a Delaware limited partnership,
and ANVIL CAPITAL PARTNERS|IU,
LP., a Delaware limited partnership;
Defendants.
ORDER GRANTING MOTION FOR COMMISSION FOR
ISSUANCE OF A SUBPOENA AD TESTIFICANDUM
TO JIMMY S. PAPPAS
Upon the motion of Plaintiffs'‘AM Buyer, LLC and AM Intermediate Parent,
Inc., for an Order directing the issuance of a Commission pursuant to Superior
Court Civil Rule 45(d), to obtain the issuance of a subpoena outside the State of
Delaware,
IT IS HEREBY ORDERED:
1 The Motion for Commission is GRANTED.
2. A Commission shall issue out of this Court directed to David S. Eagle,
Esquire of Klehr Harrison Harvey Branzburg LLP, 919 Market Street, Suite 1000,
Wilmington, Delaware 19801, authorizing him to do all that is necessary and
10892139.v1
required, including applying to the appropriate judicial authority of the
Commonwealth of Massachusetts to obtain issuance of a subpoena ad
testificandum directing Jimmy S. Pappas of Delta Consulting Group, 101 Federal
Street, Suite 1900, Boston, Massachusetts 02110, to appear for a deposition upon
examination, to take place on April] 29, 2024, at 10:00 am., at Veritext Legal
Solutions, 101 Arch Street, Boston, Massachusetts 02110, or on such other date or
at such other location as the parties agree
It
IT IS ORDERED this YA day of Aha ek, 2024,
PZ)
The Honorable Paul R. Wallace
10892139.v1
EXHIBIT B
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss. SUPERIOR COURT
DEPARTMENT OF THE TRIAL
COURT
dn the Matter of:
AM BUYER, LLC, a Delaware limited In Re: Subpoena Ad Testificandum to
liability company, and AM i Jimmy S. Pappas
INTERMEDIATE PARENT, INC.,
a Delaware corporation,
1
|
Plaintiffs,
C.A. No. N23C-11-167 PRW CCLD
vs. (Pending in the Delaware Superior
Court)
ARGOSY INVESTMENT PARTNERS
IV, L.P., a Delaware limited partnership,
and ANVIL CAPITAL PARTNERS IIL,
L.P., a Delaware limited partnership, SUBPOENA AD TESTIFICANDUM
|
Defendants. ‘
TO: Jimmy S. Pappas
Delta Consulting Group
101 Federal Street, Suite 1900
Boston, Massachusetts 021 10
GREETINGS:
YOU ARE HEREBY COMMANDED in the name of the Commonwealth
|
of Massachusetts in accordance with the provisions of Rule 45 of the
Massachusetts Rules of Civil Procedure, Massachusetts General Law c.233, 45,
and by a Commission from the Superior Court of the State of Delaware, to appear
on behalf of plaintiffs AM Buyer, tLe and AM Intermediate Parent, Inc.
(collectively, “Plaintiffs”)', before a\Notary Public of the Commonwealth, at the
offices of Veritext Legal Solutions, 101 Arch Street, Boston, Massachusetts 02110
on April 30, 2024 at 10:00 a.m., or on such other date or at such other location as
the parties agree, to testify as to your knowledge, at the taking of the deposition in
the above-captioned action.
Please contact undersigned Attorney David S. Eagle, counsel for Plaintiffs,
upon receipt.
You must respond to the subpoena or be held accountable for your default as
provided by the law. |
KLEBR HARRISON
HARVEY BRANZBURG LLP
Paul G. Nofer (BBO# 569442)
David S. Eagle, Esquire
919 N. Market Street, Suite 1000
Wilmington, Delaware 19801
Telephone: (302) 552-5508
Facsimile: (302) 426-9193
Email: deagle@klehr.com Notary Public
My Commission Expires:
Attorneys for Plaintiffs
Dated: March __, 2024
' Plaintiffs sought and received a Commission from the Superior Court of the State of Delaware, on March 13, 2024. >
for the deposition of out-of-state non-party Jimmy S. Pappas. Plaintiff's now serve this Subpoena Ad Testificandum
in accordance with that Commission and local rules.
EXHIBIT C
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
AM BUYER, LLC, a Delaware limited )
liability company, and AM
INTERMEDIATE PARENT, INC., C.A. No. N23C-11-167 PRW CCLD
a Delaware corporation,
Plaintiffs,
Vv.
ARGOSY INVESTMENT PARTNERS
IV, L.P., a Delaware limited partnership,
and ANVIL CAPITAL PARTNERS Il,
L.P., a Delaware limited partnership,
Defendants.
NOTICE OF INTENT TO SERVE SUBPOENA
AD TESTIFICANDUM ON JIMMY S. PAPPAS
PLEASE TAKE NOTICE that, pursuant to Superior Court Civil Rule 45, the
Subpoena Ad Testificandum attached hereto as Exhibit A, will be served upon
Jimmy S. Pappas. An Order Granting the Motion for Commission for Issuance of
a Subpoena Ad Testificandum to Jimmy S. Pappas was entered by this Court on
March 13, 2024.
10918796.v1
Dated: March 29, 2024 KLEHR HARRISON
HARVEY BRANZBURG LLP
/s/ David S. Eagle
David S. Eagle (Bar No. 3387)
919 N. Market Street, Suite 1000
Wilmington, Delaware 19801
Telephone: (302) 552-5508
Facsimile: (302) 426-9193
Email: deagle@klehr.com
Attorneys for Plaintiffs
-2-
10918796,.v1
Preview
COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT In the Matter of: AM BUYER, LLC, a Delaware limited In Re: Subpoena Ad Testificandum to liability company, and AM Jimmy S. Pappa. INTERMEDIATE PARENT, INC., a Delaware corporation, Plaintiffs, C.A. No. N23C-11-167 PRW CCLD (Pending in the Delaware Superior vs. | Court) ARGOSY INVESTMENT PARTNERS IV, L.P., a Delaware limited partnership, and ANVIL CAPITAL PARTNERS III, L.P., a Delaware limited partnership, Defendants. | | PROPOSED ORDER GRANTING APPLICATION TO DOMESTICATE DELAWARE SUBPOENA PURSUANT TO M.G.L.C. 223A § 11 AND M.G.L.C. 223 § 45 On this day of | , 2024, upon the Application of AM Buyer, LLC and AM Intermediate Farent, Inc. for an Order directing the issuance and enforcement of a Subpoena Ad Testficandum pursuant to M.G.L. ¢. 223A, § 11 and M.G.L. c. 233, § 45, in connection with the action styled as AM Buyer, LLC and AM Intermediate Parent, Inc. v, Argosy Investment Partners IV, L.P. and Anvil Capital Partners HI, L.P., C.A. No! N23C-11-167 (PRW)(CCLD) currently pending in the Superior Court for the State of Delaware (the “Delaware Action”), it is HEREBY ORDERED as follows 1 The Application to Domesticate a Delaware Subpoena 4d Testificandum is GRANTED; 2 Counsel for the Applicants shall issue and serve. the Massachusetts Subpoena Ad Testificandum for the deposition of Jimmy S. Pappas under the practice and procedures of Delaware and the Commonwealth of Massachusetts, I 3 Jimmy 8. Pappas shall to appear on behalf of plaintiffs AM Buyer, LLC and AM Intermediate Parent, Ine, before a Notary Public of the Commonwealth, at the offices of Veritext Legal Solutions, 101 Arch Street, Boston, Massachusetts 02110 on April 30, 2024 at 10:00 a.m., or on such other date or at such other location as the'parties agree, to testify as to his knowledge, at the taking of the deposition in the above-captioned action. Judge, Superior Court COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT In the Matter of: ) ) AM BUYER, LLC, a Delaware limited ) In Re: Subpoena Ad Testificandum to liability company, and AM ) Jimmy S. Pappas INTERMEDIATE PARENT, INC., ) a Delaware corporation, ) ) C.A. No. N23C-11-167 PRW CCLD Plaintiffs, (Pending in the Delaware Superior ' Court) vs. 1 ARGOSY INVESTMENT PARTNERS IV, L.P., a Delaware limited partnership, and ANVIL CAPITAL PARTNERS III, L.P., a Delaware limited partnership, 1 Defendants, | AFFIDAVIT IN SUPPORT OF APPLICATION TO DOMESTICATE DELAWARE SUBPOENA PURSUANT TO M.G.L.C, 223A § 11 AND M.G.L.C. 223 § 45 i I, Sally E. Veghte, hereby depose and state: 1 Tam an attorney with Kehr Harrison Harvey Branzburg, LLP and counsel to plaintiffs AM Buyer, LLC and AM Intermediate Parent, Inc. (collectively, the “Applicants”) in connection with the action styled as AM Buyer, LLC and AM Intermediate Parent, Inc. v. Argosy Investment Partners IV, L.P. and Anvil Capital Partners II, L.P., Cus. No. N23C-11-167 (PRW)(CCLD) currently l pending in the Superior Court for the State of Delaware (the “Delaware Action”). 2. Applicants seek to take the deposition of non-party Jimmy S. Pappas in Massachusetts for use in the Delaware Action pursuant to M.G.L. c. 223A, § 11 and M.G.L. c. 233, § 45. 3 Upon information and belief, non-party witness, Jimmy S. Pappas has information relevant to the Delaware Action, or which may lead to the discovery of admissible evidence, and compulsory process may be required in order to obtain the information. 4 Applicants are interested parties under Mass. General Law 223A § 11 because they are parties in the Delaware Action. 5 This action arises from a Membership Interest Purchase Agreement (the “MIPA”) between AM Buyer, ILLC (“Buyer”) and Defendants (together, the “Parties”). Pursuant to the MIPA, Buyer agreed to pay a base price plus a potential earnout payment for the acquisition of a group of companies. 6 As set forth in the Delaware Action, Marcum LLP was engaged by the Parties in March 2022 as an independent accountant to address disputes over the earnout payment among other items. At that time, Mr. Pappas was employed by Marcum LLP and acted as the lead accountant in connection with the dispute over the earnout payment. The Parties engaged their own accountants and submitted statements and documents to Marcum LLP. | | | 7 On October 21, 2022, Marcum issued an “Independent Accountant’s Report, Earnout Dispute Re: Membership Interest Purchase Agreement” (the “Report”). On November 1, 2022, Applicants filed the Delaware Action challenging the Report. 8 Upon information and belief, Mr. Pappas is located in Suffolk County, Massachusetts and is no longer employed by Marcum LLP, is not a party to the Delaware Action and has not appeared in the Delaware Action. Applicants seek the oral deposition of Mr. Pappas pursuant to Delaware Superior Ct. Civ. R. 45 and Mass. R. Civ. P. 45. 9 As the accountant directly involved with the Report, the discovery sought from Mr. Pappas is relevant, material and reasonably calculated to lead to the discovery of admissible evidence related to the claims and/or defenses in the | Delaware Action. Mr. Pappas’ testimony is discoverable under Massachusetts and the other state’s laws. 1 10. On March 7, 2024, Applicants filed a Motion for Commission for Issuance of a Subpoena Ad Testificandum to Jimmy S. Pappas in the Delaware 1 Action. On March 13, 2024, the Superior Court for the State of Delaware entered an Order Granting Applicants’ Motion for Commission for Issuance of a Subpoena Ad Testificandum to Jimmy S. Pappas directing me to do all that is necessary and required to obtain issuance of a subpoena ad testificandum directing Jimmy 8. Pappas to appear at a deposition. 11. Applicants now seek the issuance of a Massachusetts subpoena ad ' testificandum, directing Jimmy S. Pappas of Delta Consulting Group, 101 Federal Street, Suite 1900, Boston, Massachusetts 02110, to appear for a deposition upon examination to take place on April 30, 2024 at 10:00 a.m., at Veritext Legal Solutions, 101 Arch Street, Boston, Massachusetts 02110, or on such other date or at such other location as the parties agree. The deposition shall be taken under oath and recorded and transcribed by a stenographer and shail continue from day to day until completed. 12. The exhibits attached to the Application to Domesticate the Delaware Subpoena are true and accurate copies of the documents. 13. Notice of the Court’s order granting the Commission was provided to 1 all parties in the Delaware Action and Applicants’ counsel filed a Notice of Intent to Serve the Massachusetts Subpoena to all parties in the Delaware Action which complied with the Delaware Superior Court’s practice and procedure. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. QoWueN Creo, Sally E. Weghtefisquire 919 Market Street, Suite 1000 Wilmington, Delaware 19801 Telephone: (302) 552-5503 Email: sveghte@klehr.com Sworn to and subscribed before me this 26th day of March, 2024 JESSE L BLEVINS NOTARY PUBLIC STATE OF DELAWARE Notary Public My Commission Expires Sept. 30, 2024 My commission expires: g / 30 Lo. 2 yf EXHIBIT A go > Efited: Mar 43 2024 03:0éP! BED Transaction ID 72807388 > i Gase No. N23C-11-167 PRW &SS Ly IN THE SUPERIOR COURT OF THE STATE OF DELAWARE apse AM BUYER, LLC, a Delaware limited ) liability company, and AM INTERMEDIATE PARENT, INC., C.A. No. N23C-11-167 PRW CCLD a Delaware corporation, Plaintiffs, Vv. ARGOSY INVESTMENT PARTNERS IV, L.P., a Delaware limited partnership, and ANVIL CAPITAL PARTNERS|IU, LP., a Delaware limited partnership; Defendants. ORDER GRANTING MOTION FOR COMMISSION FOR ISSUANCE OF A SUBPOENA AD TESTIFICANDUM TO JIMMY S. PAPPAS Upon the motion of Plaintiffs'‘AM Buyer, LLC and AM Intermediate Parent, Inc., for an Order directing the issuance of a Commission pursuant to Superior Court Civil Rule 45(d), to obtain the issuance of a subpoena outside the State of Delaware, IT IS HEREBY ORDERED: 1 The Motion for Commission is GRANTED. 2. A Commission shall issue out of this Court directed to David S. Eagle, Esquire of Klehr Harrison Harvey Branzburg LLP, 919 Market Street, Suite 1000, Wilmington, Delaware 19801, authorizing him to do all that is necessary and 10892139.v1 required, including applying to the appropriate judicial authority of the Commonwealth of Massachusetts to obtain issuance of a subpoena ad testificandum directing Jimmy S. Pappas of Delta Consulting Group, 101 Federal Street, Suite 1900, Boston, Massachusetts 02110, to appear for a deposition upon examination, to take place on April] 29, 2024, at 10:00 am., at Veritext Legal Solutions, 101 Arch Street, Boston, Massachusetts 02110, or on such other date or at such other location as the parties agree It IT IS ORDERED this YA day of Aha ek, 2024, PZ) The Honorable Paul R. Wallace 10892139.v1 EXHIBIT B COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT dn the Matter of: AM BUYER, LLC, a Delaware limited In Re: Subpoena Ad Testificandum to liability company, and AM i Jimmy S. Pappas INTERMEDIATE PARENT, INC., a Delaware corporation, 1 | Plaintiffs, C.A. No. N23C-11-167 PRW CCLD vs. (Pending in the Delaware Superior Court) ARGOSY INVESTMENT PARTNERS IV, L.P., a Delaware limited partnership, and ANVIL CAPITAL PARTNERS IIL, L.P., a Delaware limited partnership, SUBPOENA AD TESTIFICANDUM | Defendants. ‘ TO: Jimmy S. Pappas Delta Consulting Group 101 Federal Street, Suite 1900 Boston, Massachusetts 021 10 GREETINGS: YOU ARE HEREBY COMMANDED in the name of the Commonwealth | of Massachusetts in accordance with the provisions of Rule 45 of the Massachusetts Rules of Civil Procedure, Massachusetts General Law c.233, 45, and by a Commission from the Superior Court of the State of Delaware, to appear on behalf of plaintiffs AM Buyer, tLe and AM Intermediate Parent, Inc. (collectively, “Plaintiffs”)', before a\Notary Public of the Commonwealth, at the offices of Veritext Legal Solutions, 101 Arch Street, Boston, Massachusetts 02110 on April 30, 2024 at 10:00 a.m., or on such other date or at such other location as the parties agree, to testify as to your knowledge, at the taking of the deposition in the above-captioned action. Please contact undersigned Attorney David S. Eagle, counsel for Plaintiffs, upon receipt. You must respond to the subpoena or be held accountable for your default as provided by the law. | KLEBR HARRISON HARVEY BRANZBURG LLP Paul G. Nofer (BBO# 569442) David S. Eagle, Esquire 919 N. Market Street, Suite 1000 Wilmington, Delaware 19801 Telephone: (302) 552-5508 Facsimile: (302) 426-9193 Email: deagle@klehr.com Notary Public My Commission Expires: Attorneys for Plaintiffs Dated: March __, 2024 ' Plaintiffs sought and received a Commission from the Superior Court of the State of Delaware, on March 13, 2024. > for the deposition of out-of-state non-party Jimmy S. Pappas. Plaintiff's now serve this Subpoena Ad Testificandum in accordance with that Commission and local rules. EXHIBIT C IN THE SUPERIOR COURT OF THE STATE OF DELAWARE AM BUYER, LLC, a Delaware limited ) liability company, and AM INTERMEDIATE PARENT, INC., C.A. No. N23C-11-167 PRW CCLD a Delaware corporation, Plaintiffs, Vv. ARGOSY INVESTMENT PARTNERS IV, L.P., a Delaware limited partnership, and ANVIL CAPITAL PARTNERS Il, L.P., a Delaware limited partnership, Defendants. NOTICE OF INTENT TO SERVE SUBPOENA AD TESTIFICANDUM ON JIMMY S. PAPPAS PLEASE TAKE NOTICE that, pursuant to Superior Court Civil Rule 45, the Subpoena Ad Testificandum attached hereto as Exhibit A, will be served upon Jimmy S. Pappas. An Order Granting the Motion for Commission for Issuance of a Subpoena Ad Testificandum to Jimmy S. Pappas was entered by this Court on March 13, 2024. 10918796.v1 Dated: March 29, 2024 KLEHR HARRISON HARVEY BRANZBURG LLP /s/ David S. Eagle David S. Eagle (Bar No. 3387) 919 N. Market Street, Suite 1000 Wilmington, Delaware 19801 Telephone: (302) 552-5508 Facsimile: (302) 426-9193 Email: deagle@klehr.com Attorneys for Plaintiffs -2- 10918796,.v1