N. TODD LEISHMAN. Shareholder. Salt Lake City. Main:

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1 N. TODD LEISHMAN Shareholder Salt Lake City Main: PRACTICE AREAS Mergers & Acquisitions Commercial Lending Commercial Transactions Commercial Agreements Corporate Governance ADMITTED TO PRACTICE All State and Federal Courts in Utah Arizona (inactive) Nevada (inactive) Utah N. Todd Leishman s practice concentrates on corporate and business law with emphasis on representing sellers in sales of privately owned companies to financial and strategic buyers; acquirers in mergers and acquisitions; and companies in debt and equity financing transactions. Mr. Leishman also acts as an outside general legal advisor to emerging and established companies. Mr. Leishman frequently negotiates and drafts complex commercial contracts such as manufacturing, licensing, lending and distribution agreements. He also advises clients about governance issues in entities, and he often works closely with the firm s litigation department in connection with corporate-governance lawsuits. REPRESENTATIVE CASES/DEALS Represented Lignetics, Inc., a portfolio company of Taglich Private Equity, LLC, in acquisition of New England Wood Pellet, LLC, with manufacturing plants in Jaffrey, New Hampshire; Schuyler, New York; Deposit, New York; and Youngsville, Pennsylvania, and related senior syndicated credit financing lead by Texas Capital Bank, subordinated debt financing from Gladstone Capital Corporation, and equity investment from Mill Road Capital (February 2018) Represented Acushnet Holdings Corp. (NYSE:GOLF), a leader in performance-driven golf products and steward of the Titleist and FootJoy brands, in its acquisition of Links & Kings, a Utah-based company that engaged in the design and handcrafted production of luxury leather golf and lifestyle products (January 2018) Represented the founder and owner of Executech, a leading managed IT services company providing enterprise-quality IT support to small- and medium-sized clients throughout the Intermountain West, in an investment in

2 Executech by Evergreen Services Group, an affiliate of Alpine Investors VI, LP, a private equity fund managed by Alpine Investors of San Francisco, CA (January 2018) Represented Garb Athletics, a Utah-based boutique manufacturer of custom-tailored sports uniforms that uses proprietary digital design technology and manufacturing operations in the Philippines, and which was named to Inc. Magazine s fastest growing companies list for 2017, in is acquisition by Badger Sportswear, a leading manufacturer of athletic apparel and team uniforms (Nov. 2017) Represented Lignetics, Inc. in acquisition of the Marth Companies, a Wisconsin-based wood pellet and other wood products manufacturing company, as well as a related transportation and trucking company. Lignetics is the largest residential wood pellet manufacturing company in the U.S. (May 2017) Represented Associated Food Stores, Inc. in connection with the refinancing of its senior secured credit facility (April 2017) Represented food manufacturer in sale of business to strategic purchaser. Represented ZAGG Inc (NASDAQ:ZAGG) in its $100 million+ acquisition of mophie Inc., a manufacturer of premium mobile device accessories, including its category leading juice pack cell phone battery cases and powerstation external batteries. Represented a client engaged in the food manufacturing business in connection with a refinancing of its senior credit facility. Represented Crest Financial Services in connection with senior credit facility obtained from Comvest Partners and Crystal Financial LLC Represented Lignetics, Inc. in acquisition of GF Funding LLC f/k/a Geneva Wood Fuels, a Maine-based residential wood pellet manufacturing company Represented Ace Data Centers, Inc., a Provo-based, state-of-the-art data center and provider of colocation, infrastructure and carrierneutral connectivity services, and an affiliated entity in the sale of business and real property assets to an affiliate of Endurance International Group (NASDAQ: EIGI) for an aggregate purchase price of $73.3 million Represented owners of healthcare services provider in connection with equity reorganization and buy-out of joint venture Represented Lignetics, Inc. in acquisition of Bear Mountain Forest Products, Inc., to form the largest residential wood pellet fuel producer in the U.S. Represented private equity sponsor, Partnership Capital Growth Investors, in acquisition of The Alaska Club, Inc., a premier health and fitness club business with operations in Anchorage, Juneau and Fairbanks, Alaska, from an affiliate of Lincolnshire Management Inc. Represented Vivint in its acquisition of Space Monkey, a cutting edge peer-to-peer cloud storage technology company Represented Taglich Private Equity, LLC, a New York based private equity sponsor in acquisition of Lignetics, Inc., a leading manufacturer of fuel for wood pellet stoves, compressed wood logs and animal bedding Represented Vivint Solar, Inc. in connection with acquisition of Solmetric, Inc., a developer of photovoltaic installation instruments and software products Represented strategic acquirer in acquisition of wireless internet services provider Represented Hosco, Inc. and its affiliates in the sale of a crude oil transportation business to Holly Transportation, LLC, an affiliate of HollyFrontier.

3 Represented Enray, Inc., a leading manufacturer and marketer of premium organic, gluten-free ancient grain products, including sprouted and non-sprouted grains, pasta, and cookies, which are primarily sold under its flagship brand, truroots, in the acquisition of Enray by the J.M. Smucker Company (NYSE:SJM) Represented McColl Partners LLC in connection with sale of FINRA-registered middle-market investment banking business to Deloitte Corporate Finance, LLC, an affiliate of Deloitte LLP Utah counsel for 2GIG Technologies, Inc. in sale to Nortek, Inc. Utah counsel for 2GIG Technologies, Inc. in sale to an affiliate of The Blackstone Group, L.P. Utah counsel for Vivint Solar in sale to an affiliate of The Blackstone Group, L.P. Represented Vivint Solar in preferred equity offering Represented ZAGG, Inc. (Nasdaq: Zagg) in strategic acquisition of ifrogz, and related financing Represented owners of internet services company in sale of equity to strategic acquirer Represented owners of provider of outsourced educational services to financial services industry in sale to strategic acquirer Represented private equity purchaser in acquisition of regional construction services firm Represented Apollo Light Systems, Inc. in acquisition by Respironics, Inc. Represented selling shareholders of Crownline Boats, Inc. in private equity sale to Pouschine Cook Capital Management Represented Covenant Communications, Inc. and Seagull Book & Tape, Inc. in purchase by Deseret Book Company Represented selling shareholder in sale of Neways International to Golden Gate Capital Represented BriteSmile, Inc. in sale of assets to Discus Dental, Inc. AWARDS Chambers USA ( ) AV Preeminent, Martindale-Hubbell ( ) Lawyer of the Year, Best Lawyers, Mergers and Acquisitions Law (2018) Lawyer of the Year, Best Lawyers, Mergers and Acquisitions Law (2016) Mountain States TOP 100, Super Lawyers Utah Legal Elite ( ) Mountain States TOP 75, Super Lawyers (2012) Lawyer of the Year, Best Lawyers, Securities/Capital Markets Law (2012) Best Lawyers ( ) Super Lawyers ( )

4 PUBLICATIONS & PRESENTATIONS Juzwin v. Amtorg Trading Corp.: Toward Due Process Limitations on Multiple Awards of Punitive Damages in Mass Tort Litigation, 1990 Utah L. Rev. 439 Drafting Asset Purchase Agreements, Utah State Bar Fall Forum CLE (Presenter), 2016 Maximizing Investment in Legal Resources, Summit 2015 Directors & Officers Training Conference (Panelist and Moderator), 2015 Preparing Your Company for a Sale, MountainWest Capital Network Deal Flow Conference, 2010 Legal Issues in Private Equity, Utah Fund of Funds Middle Market Symposium (Panelist), 2009 How to Use the Recession to Prepare for Your Liquidity Event, Utah State Bar Association, 2009 Sarbanes Oxley for Small Public Companies, Securities Section, Utah Bar Association, 2003 Securities Law Aspects of Mergers and Acquisitions: Pitfalls & Pointers, Business Section, Utah Bar Association, 2001 PROFESSIONAL & CIVIC ACTIVITIES Noted in Chambers USA, America s Leading Lawyers for Business, Corporate/M&A Named 2015 Salt Lake City Lawyer of the Year by Best Lawyers in the area of Mergers and Acquisitions Law Named 2012 Salt Lake City Lawyer of the Year by Best Lawyers in the area of Securities/Capital Markets Law Listed in the 2012 SuperLawyers Mountain States Top 75 Included in Utah Business magazine s Legal Elite FINRA Arbitrator Chair, Utah 100 Fastest Growing Company Awards, MountainWest Capital Network ( ) Chairman, MountainWest Capital Network ( ) President, Securities Section, Utah State Bar ( ) Board of Directors, Durham Jones & Pinegar ( , 2014-present) PRIOR PROFESSIONAL EXPERIENCE Associate, Brown & Bain, P.A., Phoenix, AZ ( ) Law Clerk, the Honorable Aldon J. Anderson, United States District Court Judge for the District of Utah ( ) EDUCATION University of Utah, S. J. Quinney College of Law J.D. (1991) Comment Editor, Utah Law Review Teaching Assistant, Legal Writing Program

5 University of Utah B.A., Political Science, magna cum laude (1988) Phi Beta Kappa, Phi Kappa Phi LANGUAGE Japanese