The Extortion Letter

Case 17-10837-KG Doc 138-1 Filed 05/17/17 Page 1 of 29
Exhibit A
` SQN Capital Management
May 3, 2017
Legal Service Department
China Chamber of Commerce for Import & Export of Machinery & Electronic Products
Dear Members, Representatives, and Associates of CCCME,
This letter and the proposal made herein is subject to legal review and documentation as well as
the approval of the bankruptcy court.
First, thank you for your time on the telephone last evening and your consideration of the matters
facing Suniva.
SQN Capital Management (SQN) has provided financing to Suniva secured by a first lien on Mono
Perc Cell Production lines for 250 MW Annual Capacity and Module equipment with 150-200 MW
Annual Capacity. SQNs total outstanding debt with Suniva is between USD$51 million and US$52
million. Some of the equipment was newly installed as late as the fourth quarter of 2016. SQN believes
that the equipment is worth at least USD$55 million. Through the bankruptcy court, SQN is interested in
arranging a sale of that equipment so that SQN can be repaid the full amount of money that it is owed.
SQN has agreed to provide financing to Suniva to file a petition under Section 201 of the Trade Act
of 1974 in order to restore value to the equipment and the industry thereby creating a market in the U.S. in
which SQN can recover its investment. In order for Suniva to put forth the case, the company must
remain in existence. The only way Suniva could survive while the Trade Case is being pursued was to file
Chapter 11 Bankruptcy which provides protection from creditors. The cost of filing Chapter 11 and
pursuing the Trade is approximately USD$4 million which SQN is funding through a Debtor in
Possession Order.
If SQN were to arrange a sale of the equipment that secures its investment, SQN would have no
interest in providing additional funding to Suniva and the company would have to convert to a Chapter 7
Bankruptcy where the assets are liquidated and the company ceases to exist.
If Suniva were not to receive funding from SQN, the Trade Case would have to be withdrawn for
three reasons.
1. Suniva would no longer be an industry participant as it was wound down and would be
disqualified from being a petitioner.
2. There would be no one to pay the substantial lawyers fees necessary to put the case forward.
3. The US Trade Representative could not put forth the case on its own without meaningful
industry representation and Solar World is focused on a different trade case and is not
interested in incurring the cost of the 201 Case.
Wanxiang-America is the only other secured creditor to Suniva. Wanxiang-America has provided
USD$15 million of financing secured by a first lien on all assets excluding the SQN assets, mainly Mono
Cell Production lines which are more than 5 years old for 125-150 Annual Capacity. Wanxiang-America
has expressed that it has no interest in supporting a 201 Trade Case and believes that they are covered by
the inventory and value of the equipment secured by their liens. They were offered an opportunity to
participate in SQNs funding of Suniva through the bankruptcy and they declined.
100 Wall Street, 28th Floor, New York New York, 10005 Phone (212) 422-2166
www.SQNCapital.com
Below is a list of the other creditors of Suniva, none of which have an interest or the financial
capability to fund the 201 Trade Case. This information is publicly available in Sunivas bankruptcy
filings.
Unsecured Creditors: (All amounts in US dollars)
Wacker Chemie 5,775,000

Woongjin Energy 4,970,352
Silfab Solar 4,141,376
Suntech 3,537,692
Posco Daewoo America 2,737,376
Sunedison 1,501,827
Lerri Solar 899,977
Press Metal 769,569
Guangzhou Ruxing 766,634
Heraeus Precious Metals 714,761
Veritiv 716,138
Jiangxi Haoan Energy 545,548
ASIA UNION ELECTRONIC CHEMICAL CORP 365,828
CALIFORNIA STATE BOARD OF EQUALIZATION 431,836
DEPARTMENT OF ENERGY 428,515
CNIEC SHAANXI CORPORATION 391,360
Centrotherm 489,287
SKC, INC. 371,816
ZHEJIANG JIAFU GLASS CO., LTD. 358,997
E I DU PONT DE NEMOURS & CO 351,811
APPLIED MATERIALS, INC. 344,557
Meyer Burger 315,481
FEDERAL PRISON INDUSTRIES 255,614
GEORGIA TECH RESEARCH CORPORATION 255,000
Wanxiang Import/Export Co 229,685
ASYS 215,845
Kinetic Systems 206,457
Subtotal 32,088,338
Other Smaller unsecured creditors 3,915,352
Total Estimated Unsecured Creditors 36,003,690
Total Estimated Creditors 106,003,690
As you can see, the largest creditor, aside for SQN, are foreign-owned companies that could
potentially be hurt by the 201 Trade Case. Further, you will note that it cost at least USD$4 million to
www.SQNCapital.com
pursue the Trade Case which would not make economic sense for any of the creditors to pursue given the
size of the amounts due to them.
If SQN were able to arrange a sale of the equipment that secures its investment in Suniva, the
following steps would take place.
1) A proposal would be put forth to the bankruptcy court under an emergency motion. This would
have to happen on Monday, May 8th.
2) Funds would have to be deposited into an escrow account with a third-party law firm while an
auction for the equipment is announced and conducted. Funds in the escrow account would only
be released as part of a liquidation of Suniva which would include a conversion to Chapter 7
which would have the effect of terminating the Trade Case. The deposit has to be made as soon as
the emergency motion is approved.
3) Upon receipt of the funds into escrow, the Trade Case would be withdrawn as SQN would no
longer be providing funding under the bankruptcy. If these events did not occur, the amounts in
escrow would be refunded to the entity that provided them.
4) Following the conversion of the bankruptcy to Chapter 7, the assets of Suniva would be
liquidated and the company would cease to exist any longer.
The USD$55 million, when distributed, will be used first to pay the amounts due to SQN. The
balance of USD$3 million to USD$4 million will be used to pay the legal fees, the expenses related to the
bankruptcy, and to make a distribution to unsecured creditors.
We are prepared to work around the clock to document a transaction, if you are interested in
purchasing the equipment from Suniva which serves as security for SQNs investment.
We look forward to speaking to you shortly.
Most Respectfully,
Jeremiah Silkowski
President
www.SQNCapital.com
Exhibit B
IN THE STATES BANKRUPTCY COURT

FOR THE DISTRICT OF DELAWARE
In re: ) Chapter 11
)
SUNIVA, INC., 1 ) Case No. 17-10837 (KG)
)
Debtor. )
)
_____________________________________________)
NOTICE OF DEPOSITION OF SQN PURSUANT TO RULE 30(b)(6)
Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure (the Federal Rules),
(incorporated into Rule 7030 of the Federal Rules of Bankruptcy Procedure) (the Bankruptcy
Rules), and Bankruptcy Rule 9014, Lion Point Capital, LP, together with one or more of its
affiliated, managed or sponsored investment funds (collectively, Lion Point), will take the
deposition upon oral examination of SQN Capital Management (together with its affiliates in
their capacity as prepetition and putative postpetition lenders to Suniva, Inc., SQN), by such
person or persons having knowledge of the subjects identified in the attached Schedule A, before
a notary public or other officer before whom depositions may be taken. The deposition will be
taken at the offices of Cleary Gottlieb Steen & Hamilton LLP, One Liberty Plaza, New York,
NY, 10006, or such other location as is agreed by the parties. The examination will be held on
Wednesday May 17, 2017, and will commence at the time agreed to, and will continue until
completed or adjourned. The deposition will be taken on oral examination under oath before a
notary public, or other person duly qualified to administer oaths, and recorded by videographic
and/or stenographic means. The deposition is being taken for the purpose of discovery, for use at
trial or for such other purposes as may be permitted under the Federal Rules or the Bankruptcy
Rules.
1
The last four digits of the Debtors federal tax identification number is 2418. The Debtors corporate
headquarters is located at 5765 Peachtree Industrial Blvd., Norcross, Georgia 30092.
1
Pursuant to Rule 30(b)(6) of the Federal Rules (made applicable by Rule 7030 of the
Bankruptcy Rules), SQN shall designate one or more persons to testify on its behalf as to each of
the matters set forth in Schedule A. Lion Point requests that SQN identify, in writing, before
May 15, 2017, the person or persons who will testify and the matters about which he or she will
testify. Lion Point reserves its right to supplement or revise the matters listed in Schedule A.
Lion Point also reserves the right to issue other or further notices of deposition.
[Remainder of this page intentionally left blank]
2
Dated: May 12, 2017 CLEARY GOTTLIEB STEEN & HAMILTON LLP
New York, New York
/s/ Jane VanLare
Sean A. ONeal (admitted pro hac vice)
Jane VanLare (admitted pro hac vice)
Thomas S. Kessler (admitted pro hac vice)
One Liberty Plaza
New York, New York 10006
Telephone: (212) 225-2000
Facsimile: (212) 225-3999
- and -
ASHBY & GEDDES, P.A.
Ricardo Palacio (No. 3765)

Karen B. Skomorucha Owens (No. 4759)
500 Delaware Avenue, 8th Floor
P.O. Box 1150
Wilmington, Delaware 19899
Telephone: (302) 654-1888
Facsimile: (302) 654-2067
Counsel for Lion Point
3
SCHEDULE A
Definitions
The terms used herein shall have the meanings ascribed to them in the definitions set
forth below.
1. Collateral means any property of the Company in which SQN purports to hold a
security interest, whether tangible or intangible, prepetition or postpetition and irrespective of
priority.
2. Communication means all verbal and written means of transmission or
exchange of information, including but not limited to statements, admissions, denials, inquiries,
discussions, conversations, negotiations, agreements, contracts, understandings and meetings.
3. The Company means Suniva, Inc. and/or its direct and/or indirect subsidiaries,
as well as any former or current director, officer, employee, agent, affiliate, predecessor,
successor, attorney, accountant, representative, or other person(s) purporting to act on behalf of
Suniva, Inc. and/or its direct and/or indirect subsidiaries.
4. Concern or Concerning any given subject means all documents which assess,
concern, constitute, contain, describe, discuss, embody, evidence, identify, record, reflect,
regard, show, state, or refer or relate, directly or indirectly, in any way, to the subject matter
identified.
5. DIP Financing means the postpetition financing offered by SQN to the
Company, referenced in Debtors Motion for Interim and Final Orders Authorizing the Debtor to
(A) Incur Postpetition Debt on an Emergency Basis Pending a Final Hearing; and (B) Provide
Security and Other Related Relief [Docket No. 6], as it may be amended, modified or
supplemented.
4
6. Document or Documents means all materials, including without limitation all
written, recorded, printed, typed, transcribed, filmed, digitized, or graphic matter, and all other
tangible things and media upon which any handwriting, typing, printing, drawing, representation,
electrostatic, or other copy, sound, or video recording, magnetic, or electrical impulse, visual
reproduction, or communication is recorded, reproduced, or represented. This includes books,
records, correspondence, reports, memoranda, electronic mail (i.e., e-mail), all other forms of
electronic communication, contracts, tables, tabulations, graphs, charts, diagrams, plans, schedules,
appointment books, calendars, diaries, time sheets, reports, studies, analyses, drafts, telegrams,
teletype or telecopy messages, archived voicemail, files, telephone logs and messages, checks,
microfilms, microfiche, pictures, photographs, printouts, pamphlets, handouts, worksheets, electronic
data compilations, tapes, diskettes, floppy disks, hard disks, optical disks, backup tapes, drives,
removable media, typed or handwritten notes, minutes, or transcripts of proceedings.
7. Prepetition SQN Debt means any debt or claim existing prior to April 17, 2017
that SQN purports to be due and owing to it by the Company, whether secured or unsecured.
8. Trade Case has the meaning set forth in the Debtors Motion for Interim and
Final Orders Authorizing the Debtor to (A) Incur Postpetition Debt on an Emergency Basis
Pending a Final Hearing; and (B) Provide Security and Other Related Relief [Docket No. 6].
5
TOPICS OF EXAMINATION
1. The Prepetition SQN Debt, including, without limitation: (i) SQNs decision to
provide the Prepetition SQN Debt; (ii) SQNs determination of the terms on which it would
provide the Prepetition SQN Debt; (iii) SQNs intentions regarding the Prepetition SQN Debt;
and (iv) any Documents or Communications Concerning the Prepetition SQN Debt.
2. The DIP Financing, including, without limitation: (i) SQNs decision to offer the
DIP Financing; (ii) SQNs determination of the terms on which it would provide the DIP
Financing; (iii) SQNs intentions regarding the DIP Financing; and (iv) any Documents or
Communications Concerning the DIP Financing.
3. The SQN Collateral, including without limitation: (i) the value of the SQN
Collateral; (ii) efforts of SQN to sell, transfer, market or otherwise exercise any purported rights
over the SQN Collateral; (iii) SQNs intentions regarding the SQN Collateral; and (iv) any
Documents or Communications Concerning the SQN Collateral.
4. The Trade Case, including without limitation, (i) SQNs assessment of the Trade
Case; (ii) efforts of SQN to sell, transfer, market or otherwise exercise any purported rights over
the Trade Case; (iii) SQNs intentions regarding the Trade Case; and (iv) any Documents or
Communications Concerning the Trade Case.
5. Any Communications, plans or proposals Concerning the Companys bankruptcy
proceedings, including, without limitation: (i) a plan of reorganization; (ii) liquidation; and/or
(iii) conversion to a proceeding under chapter 7 of title 11 of the United States Code.
6. Efforts taken to preserve and produce Documents sought by the Lion Points First
Request for Production of Documents by SQN, dated May 12, 2017 (the Document Requests).
7. Any Documents produced by SQN pursuant to the Document Requests.
6

In re: ) Chapter 11
)
)
Debtor. )
)
_____________________________________________)
NOTICE OF DEPOSITION OF JEREMIAH SILKOWSKI PURSUANT TO RULE

30(b)(1)
Pursuant to Rule 30(b)(1) of the Federal Rules of Civil Procedure (the Federal Rules),
(incorporated into Rule 7030 of the Federal Rules of Bankruptcy Procedure) (the Bankruptcy
Rules), and Bankruptcy Rule 9014, Lion Point Capital, LP, together with one or more of its
affiliated, managed or sponsored investment funds (collectively, Lion Point), will take the
deposition upon oral examination of Jeremiah Silkowski before a notary public or other officer
before whom depositions may be taken. The deposition will be taken at the offices of Cleary
Gottlieb Steen & Hamilton LLP, One Liberty Plaza, New York, NY, 10006, or such other
location as is agreed by the parties. The examination will be held on Thursday May 18, 2017,
and will commence at the time agreed to, and will continue until completed or adjourned. The
deposition will be taken on oral examination under oath before a notary public, or other person
duly qualified to administer oaths, and recorded by videographic and/or stenographic means.
The deposition is being taken for the purpose of discovery, for use at trial or for such other
purposes as may be permitted under the Federal Rules or the Bankruptcy Rules.
Lion Point reserves the right to issue other or further notices of deposition.
1
1
New York, New York
/s/ Jane VanLare
One Liberty Plaza
Telephone: (212) 225-2000
Facsimile: (212) 225-3999
- and -

P.O. Box 1150
Telephone: (302) 654-1888
Facsimile: (302) 654-2067
2

In re: ) Chapter 11
)
)
Debtor. )
)
_____________________________________________)
LION POINTS FIRST REQUEST FOR PRODUCTION OF DOCUMENTS BY SQN
Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure (the Federal
Rules) (incorporated into Rules 7026 and 7034 of the Federal Rules of Bankruptcy Procedure)
(the Bankruptcy Rules) and Bankruptcy Rule 9014, Lion Point Capital, LP, together with one
or more of its affiliated, managed or sponsored investment funds (collectively, Lion Point),
hereby request SQN Capital Management (together with its affiliates in their capacity as
prepetition and putative postpetition lenders to Suniva, Inc., and including Jeremiah Silkowski in
his capacity as president of SQN Capital Management, SQN), produce the documents
described below (collectively, the Requests) at the offices of Cleary Gottlieb Steen &
Hamilton LLP, One Liberty Plaza, New York, NY 10006 (Attn: Jane VanLare) on or before May
17, 2017 at 9:00AM (or such other date as is agreed) with all productions to be made on a good-
faith, rolling basis at the earliest possible date.
1
1
Definitions
The terms used herein shall have the meanings ascribed to them in the definitions set
forth below.
1. Collateral means any property of the Company in which SQN purports to hold a
security interest, whether tangible or intangible, prepetition or postpetition and irrespective of
priority.
2. Communication means all verbal and written means of transmission or
exchange of information, including but not limited to statements, admissions, denials, inquiries,
discussions, conversations, negotiations, agreements, contracts, understandings and meetings.
3. The Company means Suniva, Inc. and/or its direct and/or indirect subsidiaries,
as well as any former or current director, officer, employee, agent, affiliate, predecessor,
successor, attorney, accountant, representative, or other person(s) purporting to act on behalf of
Suniva, Inc. and/or its direct and/or indirect subsidiaries.
4. Concern or Concerning any given subject means all documents which assess,
concern, constitute, contain, describe, discuss, embody, evidence, identify, record, reflect,
regard, show, state, or refer or relate, directly or indirectly, in any way, to the subject matter
identified.
5. DIP Financing means the postpetition financing offered by SQN to the
Company, referenced in Debtors Motion for Interim and Final Orders Authorizing the Debtor to
(A) Incur Postpetition Debt on an Emergency Basis Pending a Final Hearing; and (B) Provide
Security and Other Related Relief [Docket No. 6], as it may be amended, modified or
supplemented.
6. Document or Documents means all materials, including without limitation all
written, recorded, printed, typed, transcribed, filmed, digitized, or graphic matter, and all other
2
tangible things and media upon which any handwriting, typing, printing, drawing, representation,
electrostatic, or other copy, sound, or video recording, magnetic, or electrical impulse, visual
reproduction, or communication is recorded, reproduced or represented. This includes books,
records, correspondence, reports, memoranda, electronic mail (i.e., e-mail), all other forms of
electronic communication, contracts, tables, tabulations, graphs, charts, diagrams, plans,
schedules, appointment books, calendars, diaries, time sheets, reports, studies, analyses, drafts,
telegrams, teletype or telecopy messages, archived voicemail, files, telephone logs and messages,
checks, microfilms, microfiche, pictures, photographs, printouts, pamphlets, handouts,
worksheets, electronic data compilations, tapes, diskettes, floppy disks, hard disks, optical disks,
backup tapes, drives, removable media, typed or handwritten notes, minutes, or transcripts of
proceedings. Documents shall include originals and all non-identical copies (whether different
from the original because of notes made in or attached to such copy, or otherwise), and other
data or data compilations of whatever nature stored in any medium (including those from which
information can be obtained or translated if necessary into a reasonably useable form), and any
preliminary versions, drafts, or revisions of any of the foregoing. This term is further intended to
include any computer records reflecting earlier drafts, revisions, addenda, amendments, and the
like with regard to any responsive document. If documents are produced in electronic format,
please include an electronic searchable objective index for all fields.
7. Prepetition SQN Debt means any debt or claim existing prior to April 17, 2017
that SQN purports to be due and owing to it by the Company, whether secured or unsecured.
8. Trade Case has the meaning set forth in the Debtors Motion for Interim and
Final Orders Authorizing the Debtor to (A) Incur Postpetition Debt on an Emergency Basis
Pending a Final Hearing; and (B) Provide Security and Other Related Relief [Docket No. 6].
3
GENERAL INTRUCTIONS
1. Whenever necessary to bring within the scope of the Requests Documents that
might otherwise be construed to be outside its scope:
a. and and or shall be construed conjunctively or disjunctively;
b. all and each shall be construed as all and each;
c. the use of the singular form of any word shall include the plural and vice versa;
d. the use of a verb in any tense shall be construed as the use of that verb in all other
tenses; and
e. the use of the feminine, masculine or neuter genders shall include all genders.
2. All Documents shall be produced in the manner in which they are maintained in
the usual course of business. A Request for a Document shall be deemed to include a request for
any and all file folders or binders within which the Document was contained, transmittal sheets,
cover letters, exhibits, enclosures, or attachments to the Document in addition to the Document
itself.
3. All Documents requested herein shall be produced in their entirety, along with
any attachments, drafts, and non-identical copies, including copies that differ due to handwritten
notes or other notes or markings.
4. In the event You withhold any Document called for by the Requests on the basis
of a claim of privilege or other right of nondisclosure, You shall provide, not later than the date
responses to the Requests are due, a privilege log separately identifying: (i) each Document
withheld; (ii) the type of Document withheld (memorandum, letter, report, e-mail, etc.); (iii) the
date of its creation, (iv) its subject matter; (v) its author; (vi) all persons who drafted, sent,
received or were to receive any copy or version of it; and (vii) the basis for withholding the
Document.
4
5. In the event that any Document called for by the Requests has been destroyed or
discarded, respondent shall provide, not later than the date responses to the Requests are due, a
written Document identifying the Document so lost, discarded, or destroyed as completely as
possible, providing at least the following information: (i) the type of Document withheld; (ii) any
addressor and addressee; (iii) any indicated or blind copy recipients; (iv) the Documents date,
subject matter, number of pages, and attachments or appendices; (v) all persons to whom the
Document was distributed, shown or explained; (vi) the Documents date of destruction or
discard, manner of destruction or discard, and reason for destruction or discard; and (vii) the
persons authorizing and carrying out such destruction or discard.
6. If there are no Documents responsive to any particular Request, the response shall
state so in writing.
7. If objection is made to any of the Requests, the response shall state whether
Documents are being withheld from inspection and production on the basis of such objection, or
whether inspection and production of the responsive Documents will occur notwithstanding such
objection.
8. All Documents requested herein shall be produced in their entirety, along with
any attachments, drafts, and non-identical copies, including copies that differ due to handwritten
notes or other notes or markings.
9. The Requests are continuing in nature. You are required promptly to serve
supplementary responses and produce additional Documents if You obtain further or different
information.
5
DOCUMENTS REQUESTED
Request No. 1:
Please produce any and all Documents and Communications Concerning the Prepetition SQN
Debt.
Request No. 2:
Please produce any and all Documents and Communications Concerning the DIP Financing.
Request No. 3:
Please produce any and all Documents and Communications Concerning the SQN Collateral
Request No. 4:
Please produce any and all Documents and Communications Concerning the Trade Case.
Request No. 5:
Please produce any and all Documents and Communications Concerning any potential plan of
reorganization for the Company, liquidation of the Company and/or conversion of the
Companys bankruptcy proceedings to a proceeding under chapter 7 of title 11 of the United
States Code.
6
New York, New York
/s/ Jane VanLare
One Liberty Plaza
Telephone: (212) 225-2000
Facsimile: (212) 225-3999
- and -

P.O. Box 1150
Telephone: (302) 654-1888
Facsimile: (302) 654-2067
7
Exhibit C
From: Kessler, Thomas <tkessler@cgsh.com>

Sent: Friday, May 12, 2017 9:45 PM
To: Meyers, Todd; Bernardino, Colin
Cc: O'Neal, Sean A.; VanLare, Jane
Subject: Suniva - Lion Point Discovery Requests
Attachments: Silkowski Deposition Notice.pdf; SQN First Document Requests.pdf; SQN Deposition
Notice.pdf
ToddandColin,
PleasefindattacheddiscoveryrequestsweareservingonSQNthisevening.
Thanks,
Tom
Thomas Kessler
Cleary Gottlieb Steen & Hamilton LLP
Assistant: asewer@cgsh.com
One Liberty Plaza, New York NY 10006
T: +1 212 225 2884 | F: +1 212 225 3999
tkessler@cgsh.com | clearygottlieb.com
1
From: Kessler, Thomas <tkessler@cgsh.com>

Sent: Friday, May 12, 2017 9:46 PM
To: ashmead@sewkis.com
Cc: O'Neal, Sean A.; VanLare, Jane
Subject: Suniva - Lion Point Discovery Requests
Attachments: Silkowski Deposition Notice.pdf; SQN First Document Requests.pdf; SQN Deposition
Notice.pdf
John,
PleasefindattacheddiscoveryrequestsweareservingonSQNthisevening.
Thanks,
Tom
Thomas Kessler
Cleary Gottlieb Steen & Hamilton LLP
Assistant: asewer@cgsh.com
One Liberty Plaza, New York NY 10006
T: +1 212 225 2884 | F: +1 212 225 3999
tkessler@cgsh.com | clearygottlieb.com
1
Exhibit D
Exhibit E
D: +1 212-225-2416
soneal@cgsh.com
May 15, 2017
VIA EMAIL
Douglas J. Lipke, Esq.

Vedder Price PC
222 North LaSalle Street
Chicago, Illinois 60601
Re: Lion Point Discovery Requests, In re Suniva, Inc., Case No. 17-10837 (KG)
(Bankr. D. Del.) (the Chapter 11 Case)
Dear Doug:
As you know, we represent Lion Point Capital, LP, together with one or more of
its affiliated, managed or sponsored investment funds (collectively, Lion Point). We write in
response to (i) your letter dated May 15, 2017 (the May 15 Letter) purporting to reject Lion
Points Notice of Deposition of SQN Pursuant to Rule 30(b)(6), Lion Points Notice of
Deposition of Jeremiah Silkowski, and Lion Points First Request for Production of Documents
by SQN (the Lion Point Discovery Requests), each addressed to SQN Capital Management
and certain of its affiliates (as defined in the Lion Point Document Requests, SQN), and
(ii) our call of May 15, 2017 at 5PM (ET), at which time you advised us that the May 15 Letter
spoke for itself and that any further requests must be made in writing.
As an initial matter, as you know, even under Fed. R. Civ. P. 30(b)(1) and Del.
Bankr. L.R. 7030-1, it is not unusual for discovery in bankruptcy proceedings to be completed in
an expedited manner. Given the circumstances of the Chapter 11 Case and the expedited nature
of the relief sought by Suniva, Inc. (the Debtor), the deadlines contained in the Lion Point
Discovery Requests are reasonable and SQNs protestation is not a basis on which to excuse its
compliance with those deadlines.
Douglas J. Lipke, Esq., p. 2
Nonetheless, in an effort to accommodate SQNs scheduling concerns, and in

light of your refusal to discuss another schedule unless we make a proposal in writing, Lion
Point proposes extending the dates set forth in the Lion Point Discovery Requests as follows:
The production of documents responsive to Lion Points First Request for

Production of Documents by SQN would begin on a rolling basis as soon as
possible with production to be complete on or before Saturday, May 20, 2017 at
5:00PM (ET), and
The deposition(s) would occur on Monday, May 22, 2017 at 9:00AM (ET).
This proposal is expressly conditioned on the Debtor and SQNs agreement to

adjourn the final hearing on the Debtors Motion for Interim and Final Orders Authorizing the
Debtor to (A) Incur Postpetition Debt on an Emergency Basis Pending a Final Hearing; and
(B) Provide Security and Other Related Relief [Docket No. 6], to Friday, May 26, 2017 or a
date thereafter set by the Court, and the entry of an order adjourning the hearing to such date.
Please advise no later than Tuesday, May 16, 2017 at 2PM (ET) whether SQN
will accept this proposal. In the absence of such acceptance, Lion Point will expect to receive
documents responsive to the Lion Point Discovery Requests no later than Wednesday, May 17,
2017 at 9:00AM and will be prepared to depose SQNs 30(b)(6) witness on Wednesday, May 17,
2017 at 1:00PM at the offices of Cleary Gottlieb Steen and Hamilton, LLP, One Liberty Plaza,
New York, NY 10006. In the event the parties are unable to reach agreement regarding the Lion
Point Discovery Requests, Lion Point also reserves all of its rights to seek an emergency hearing
before the Bankruptcy Court and/or prosecute its objection at and seek adjournment of the DIP
hearing currently scheduled for Friday, May 19, 2017.
Sincerely,
Sean A. ONeal
cc: David B. Stratton, Esq. (via email)

Todd Meyers, Esq. (via email)
John R. Ashmead, Esq. (via email)
Ricardo Palacio, Esq. (via email)
Karen Skomorucha Owens, Esq. (via email)

The Extortion Letter

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

The Extortion Letter

Uploaded by

Copyright:

Available Formats

Case 17-10837-KG Doc 138-1 Filed 05/17/17 Page 1 of 29

` SQN Capital Management

Dear Members, Representatives, and Associates of CCCME,

` SQN Capital Management

Unsecured Creditors: (All amounts in US dollars)

Wacker Chemie 5,775,000

Total Estimated Creditors 106,003,690

` SQN Capital Management

We look forward to speaking to you shortly.

IN THE STATES BANKRUPTCY COURT

NOTICE OF DEPOSITION OF SQN PURSUANT TO RULE 30(b)(6)

[Remainder of this page intentionally left blank]

ASHBY & GEDDES, P.A.

Ricardo Palacio (No. 3765)

Counsel for Lion Point

security interest, whether tangible or intangible, prepetition or postpetition and irrespective of

2. Communication means all verbal and written means of transmission or

discussions, conversations, negotiations, agreements, contracts, understandings and meetings.

successor, attorney, accountant, representative, or other person(s) purporting to act on behalf of

Suniva, Inc. and/or its direct and/or indirect subsidiaries.

5. DIP Financing means the postpetition financing offered by SQN to the

6. Document or Documents means all materials, including without limitation all

reproduction, or communication is recorded, reproduced, or represented. This includes books,

microfilms, microfiche, pictures, photographs, printouts, pamphlets, handouts, worksheets, electronic

removable media, typed or handwritten notes, minutes, or transcripts of proceedings.

Communications Concerning the DIP Financing.

Documents or Communications Concerning the SQN Collateral.

Communications Concerning the Trade Case.

5. Any Communications, plans or proposals Concerning the Companys bankruptcy

7. Any Documents produced by SQN pursuant to the Document Requests.

IN THE STATES BANKRUPTCY COURT

NOTICE OF DEPOSITION OF JEREMIAH SILKOWSKI PURSUANT TO RULE

ASHBY & GEDDES, P.A.

Ricardo Palacio (No. 3765)

Counsel for Lion Point

IN THE STATES BANKRUPTCY COURT

LION POINTS FIRST REQUEST FOR PRODUCTION OF DOCUMENTS BY SQN

faith, rolling basis at the earliest possible date.

security interest, whether tangible or intangible, prepetition or postpetition and irrespective of

2. Communication means all verbal and written means of transmission or

discussions, conversations, negotiations, agreements, contracts, understandings and meetings.

successor, attorney, accountant, representative, or other person(s) purporting to act on behalf of

Suniva, Inc. and/or its direct and/or indirect subsidiaries.

5. DIP Financing means the postpetition financing offered by SQN to the

6. Document or Documents means all materials, including without limitation all

reproduction, or communication is recorded, reproduced or represented. This includes books,

electronic communication, contracts, tables, tabulations, graphs, charts, diagrams, plans,

checks, microfilms, microfiche, pictures, photographs, printouts, pamphlets, handouts,

please include an electronic searchable objective index for all fields.

might otherwise be construed to be outside its scope:

a. and and or shall be construed conjunctively or disjunctively;

b. all and each shall be construed as all and each;

notes or other notes or markings.

written Document identifying the Document so lost, discarded, or destroyed as completely as

persons authorizing and carrying out such destruction or discard.

notes or other notes or markings.

Companys bankruptcy proceedings to a proceeding under chapter 7 of title 11 of the United

ASHBY & GEDDES, P.A.

Ricardo Palacio (No. 3765)

Counsel for Lion Point

From: Kessler, Thomas <tkessler@cgsh.com>

From: Kessler, Thomas <tkessler@cgsh.com>

May 15, 2017

Douglas J. Lipke, Esq.