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From: Ian Osborne
Sent: 9/7/2012 2:40:14 AM
To: Jeffrey Epstein [jeeyacation@gmail.com]
Subject: Re: Jawbone/Mort
What else are you interested in? Peter is best for currency; maybe Reid Hoffman (fatty at LinkedIn) or Dave
Morin (Path) or Drew Houston (Dropbox).
I do believe China offers the best opportunities for Sinofsky. Problem is after Windows, pretty much everything
else in the US is a step down. No-one else is building an OS. Alibaba or Xiaomi in China are. But if he wants to
stay in the US, then probably the best options are Facebook (who may one day do their own OS), Palantir (Peter
Thiel's), Yahoo (where Marissa is aggressively seeking out senior talent). Then of course, there is Apple and
Google - but I assume he doesn't want to be a traitor to Microsoft?
On 7 Sep 2012, at 03:20, Jeffrey Epstein wrote:
yes, who else , ? im meeting with sinofsky„ i think he wants to do different things. chinese may be
difficult becuase of us secuirty cleraence
On Thu, Sep 6, 2012 at 10:00 PM, Ian Osborne wrote:
Are you back now in NY?
I'm in London but staying up to watch the Obama speech. Hosain's really keen to close this out by Monday....
It would help me a lot if we can finish this for once and for all.
I'm in Munich Saturday, then St. Petersburg and Moscow with Eike Sunday-Tuesday (we've got some terrific
meetings lined up), London Wednesday-Thursday (including Mubadala board meeting Wed.) and then heading
to SF next Friday 14th.... you will arrive on the 16th? Shall we do Peter Thiel for drinks then?
Best wishes,
Ian
On 6 Sep 2012, at 11:52, Jeffrey Epstein wrote:
Ill review all in detail , when i land tonight, in ny for the next week, you?
----------Forwarded message----------
From: Darren Indyke___________________
Date: Wed, Sep 5, 2012 at 8:17 PM
Subject: Fwd: Jawbone/Mort
To: Jeffrey Epstein <jeevacation@gmail.com>
HOUSE OVERSIGHT 030950
Sent from my iPhone
Begin forwarded message:
From: "Jacoby, Craig" -
Date: September 5, 2012 7:27:21 PM EDT
To: "Darren Indyke"
Cc: "Hosain Rahman" , Ian Osborne" , "Jacoby, Craig"
Subject: Jawbone/Mort
Hi Darren,
Just checking back in on the Jawbone investment. Thanks for sending across your comments. If possible, we
would like to avoid a situation where we recirculate the investment agreements in place with Jawbone's
other investors, and our hope is that we can accommodate as many of your comments as possible short of
taking that step.
We think that the best way to address your comments would be to have Jawbone enter into a new purchase
agreement covering both the preferred and the common stock being sold to Mort. Jawbone would make its
representations and warranties anew upon the closing of the purchase agreement, so Mort would not be
relying on the reps made back in June 2011, nor on the schedule of exceptions prepared in connection with
the initial closing. The new purchase agreement would have the same closing conditions that applied to the
initial closing of the JP Morgan investment.
Given the affiliation between Mort, Hedosophia and Apoletto and their collective investment in preferred
and common stock, we also want to propose that Mort (along with the other two parties) be treated as a
"Major Investor" under the Investor Rights Agreement so long as their collective holdings of preferred and
common stock remains at least equal to 2,000,000 shares. We intend to do this with a side letter that would
not require the signature of the other parties to those documents. You have already seen the draft
amendment that would expand the definition of "Registrable Securities" in the investor rights agreement to
include the common stock being purchased by Mort, and we do anticipate that our principal investors will
quickly sign that document once we circulate it.
You had indicated a desire to have JP Morgan approve the sale of Series 5 Preferred outside of the existing
purchase agreement. As I indicated to you on the phone, we do not think that this is necessary, but we are
willing to obtain from them an acknowledgement to that effect prior to the closing of Mort's investment.
We do believe, however, that various of your other requests for change in the investor documents would
require a broader amendment and restatement of the applicable documents, and some of them concern
business points that were the subject of specific negotiation with JP Morgan and others of our investors in
prior rounds. These points include your comments to the drag along rights, the registration rights, the
information rights and the venue provisions. We would like those terms to remain as we had negotiated
them with JP Morgan.
If you are comfortable with the approach outlined in this email, we can get you draft documents, including a
draft updated Schedule of Exceptions, tomorrow for your review and approval. Please let me know.
HOUSE OVERSIGHT 030951
Best regards,
Craig D. Jacoby
Cooley LLP 101 California Street 5th Floor
San Francisco, CA 94111-5800
E-mail:
Direct: Fax ___________________
Bio Practice  I @cjacoby LinkedIn
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***********************************************************
The information contained in this communication is
confidential, may be attorney-client privileged, may
constitute inside information, and is intended only for
the use of the addressee. It is the property of
Jeffrey Epstein
Unauthorized use, disclosure or copying of this
communication or any part thereof is strictly prohibited
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and may be unlawful. If you have received this
communication in error, please notify us immediately by
return e-mail or by e-mail to jeevacation@gmail.com, and
destroy this communication and all copies thereof,
including all attachments. copyright -all rights reserved
HOUSE OVERSIGHT 030953