EFTA00591276.pdf

SUSMAN GODFREY L.L.P. A REGISTERED LIMITED LIABILITY PARTNERSHIP 5TH FLOOR 654 MADISON AVENUE NEW YORK, NEW YORK 10065.8404 12121 336-6330 FAX (2 12> 336-6340 SUM 5100 1000 Lasinua Sinn HOUSTON. nx•-• 77002-5006 SUNS 5100 001 14616 STRUT DALLAS TV"As 75202.3775 STEPHEN D. Sus.0.6 Dona Dm. January 5, 2010 Fortress VRF Investor Relations Fortress Investment Group 1345 Avenue of the Americas New York, NY 10105 figvrfir®fortress.com Suns 050 1001 Amnon 0/ INC Stall LOS AWNILLs CAupDlau 00067-6020 DIRECT DIAL FAX &Mu San 3800 1201 11660 AwAue Burns, WASHINGTON 05101.3000 Re: D.B. Zwim Special Opportunities Fund, L.P. (n/k/a Fortress Value Recovery Fund I LLC) Dear Fortress VRF Investor Relations: I represent Jeepers, Inc., Financial Trust Company, Inc., and Jeffrey Epstein (collectively "Jeepers"). Pursuant to Paragraph 7 of the Settlement Agreement and Release dated April 8, 2009 ("Agreement") among D.B. Zwim Special Opportunities Fund ("Fund"), L.P., Jeepers, Inc., Financial Trust Company, Inc., and Jeffrey Epstein, Jcepers has provided Jeepers' Cancellation Declaration to the names and addresses listed in Paragraph 22 of the Agreement. Jeepers recognizes that the name of the Fund has changed and its mailing address may have changed as well. According to Jeepers' records, however, it never received any notice pursuant to Paragraph 22 of "any change of person to be notified or change of address." Nevertheless, Jeepers is providing you with the enclosed copy of the Jeepers' Cancellation Declaration as a courtesy. If you believe that this notice should have been sent to a different person or address, please contact me immediately, so that Jeepers can respond before the deadline for providing the Jeepers' Cancellation Declaration, which we believe is January 14, 2010. Please let me know of any concerns by email and hand delivery to my address above. 999625v1/0I1585 EFTA00591276 Fortress VRF Investor Relations Fortress Investment Group January 5, 2010 Page 2 For the avoidance of any doubt, this letter should not be construed in anyway as qualifying the enclosed Jeepers' Cancellation Declaration. Jeepers position is that the enclosed notice is effective, final and irrevocable. Sincerely, JAM/4 t ..142Ataal Stephen D. Susman Enclosure cc: Darren Indyke 999625A/011585 EFTA00591277 JEEPERS, INC. January 5, 2010 Via Hand Delivery and Federal Express D.B. Zwim Special Opportunities Fund, L.P. do David Lee D.B. Zwim & Co., L.P. 745 Fifth Avenue 18th Floor New York, NY 10151 Re: Settlement Agreement and Release Jeepers' Cancellation Declaration Dear D.B. Zwirn Special Opportunities Fund, L.P.: Pursuant to Paragraph 7 of the Settlement Agreement and Release dated April 8, 2009 ("Agreement") among D.B. Zwirn Special Opportunities Fund, L.P., Jeepers, Inc., Financial Trust Company, Inc., and Jeffrey Epstein, this notice constitutes "Jeepers' Cancellation Declaration." The result hereof is that the Agreement is null and void and the releases, waivers, promises, covenants, and other provisions contained therein are of no effect. Cc: Alan R. Glickman, Esq. Schulte Roth & Zabel LLP 919 Third Avenue New York, NY 10022 Jeffrey Epstein President EFTA00591278