THE WITNESS knows the corporate seal of the Corporation. The seal affixed to this document is the corporate seal of the Corporation. The seal was affixed to this document by the Corporate Officer. The Corporate Officer signed and delivered this document as and for the voluntary act and deed of the Corporation. All of this was done in the presence of the Witness who signed this document as attesting witness. The Witness signs this proof to attest to the truth of these facts. Sworn to and signed before me on the date written above.
THE WITNESS. 1 A. Yes. It's Xxx Xxxxxxxxxx, X-X-X-X-X-X-X-X-X-X.
THE WITNESS. Sure. 22 Do you need -- you need this, don't you? 23 Is this -- did you -- excuse me. Did you mark this? 24 XX. XXXXX: We can mark it as an exhibit. 25 I don't know that anyone has marked it yet. We can Page 311 1 left the deposition at 3:21 p.m.) 2 (Back on the record at 3:22 p.m.) 3 VIDEO TECHNICIAN: We are back on the 4 record at 3:22 p.m. 5 EXAMINATION 6 BY XX. XXXXXXXX: 7 Q. How are you doing, Xx. Xxx? 8 A. Hello, Xx. Xxxxxxxx. How are you? 9 Q. We met before. I'm Xxxxxx Xxxxxxxx. I represent 10 Xxxxx Xxxx, who's an interested party, he's a retiree, 11 along with his wife, who's also a retiree. 12 XX. XXXXXXXX: First of all, I want to just 13 go on the record and thank Xxxxxxxx & Xxxxx and the 14 other attorneys for their patience and their working 15 with other attorneys in this case, and especially 16 someone like me who represents a very different point 17 of view and that they were objective and fair their -- 18 in accommodating all the objectives here. 19 BY XX. XXXXXXXX: 20 Q. Let me begin by asking just a few questions just so we 21 can put some of this into perspective. I want to call 22 your attention to Exhibit 3. 23 A. Yes. Okay. 24 Q. On page 34 of Exhibit 3, there's a chart here that 25 references expenditures from the years 2008 to 2012?
THE WITNESS. No, I don't think it was. 10 XX. XXXXX: It's hard to hear down there. 11 THE WITNESS: We talked about the 12 collateral agreement. 13 XX. XXXXX: We did. Okay. 14
THE WITNESS. I'm sorry. 22 A. Recent valuations established. The negative fair 23 value of the Swaps at approximately 343.6 million as 24 of May 31st. 25 BY XX. XXXXXXXX:
THE WITNESS. Sorry. I need to pause more.
THE WITNESS. 17 A What I heard /( with respect to -- yeah, I 18 had no discussions about putting the 19 barrier down just to the water table. We 20 had no discussion on that.
THE WITNESS. Yes. 4 Q. Did anyone instruct you to download the list? 6 sure that we're clear here that the information that you're 6 Q. And who instructed you to do that? 7 going to provide during this deposition is things that you 7 A. Well, it would have been an instruction to 8 have specific knowledge of. So for example, you indicated 8 send the list to, you know, someone else. And so I would 9 in your response to the last question that you remember -- 9 have had to have downloaded the list to send it. And that 10 or that you think -- I can't remember exactly what your 10 would have been Xxxx. 11 response was. It was something to the effect of that you 11 Q. Do you have any specific recollection of 12 thought maybe it was unusual or something getting this 12 downloading the list? 13 Schweich list or whatever. 13 A. No. 14 I just want to make sure that it's clear that 14 Q. Do you have any recollection of in late 2013 15 what they're asking of you, unless they ask something 15 discussing this list with Xxxx or with anyone else? 17 whether or not there was any specific feeling that you had 17 XX. XXXXXX: Can I ask a separate question? 18 or thought that you had at that time. What I'm driving at 18 XX. XXXXXXXXX-XXXXXX: Sure.
THE WITNESS. I think I did. 9 A. Yes.
THE WITNESS. Yes. 12 But I -- I couldn't tell you the specifics, like the
