Case: HJB Doc #: 3393 Filed: 04/07/16 Desc: Main Document Page 1 of 17 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE : :

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1 Case: HJB Doc #: 3393 Filed: 04/07/16 Desc: Main Document Page 1 of 17 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE x : In re: : : GT ADVANCED TECHNOLOGIES INC., et al., : : Reorganized Debtors. 1 : : x Chapter 11 Case No (HJB) Jointly Administered RE: Docket Nos. 3215, 3216, 3217, 3315, 3367, and 3390 APPELLEES DESIGNATION OF ADDITIONAL ITEMS TO BE INCLUDED IN THE RECORD ON APPEAL GT Advanced Technologies Inc. ( GT ) and the reorganized debtors in the abovecaptioned cases (collectively, the Debtors or Appellees ), designate the following additional items pursuant to Rule 8009 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ) to be included in the record on the appeal taken by Tera Xtal Technology ( Appellant or TXT ) from the following orders of the United States Bankruptcy Court for the District of New Hampshire (the Bankruptcy Court ): (1) the Order denying the Motion of Tera Xtal Technology for Allowance and Payment of Administrative Expense Claims Pursuant to 11 U.S.C. 503(b)(1) (the Administrative Expense Claim Order ) [Docket No. 3216]; (2) the Order granting Debtors Motion for Summary Judgment on Administrative Expense Claim of Tera Xtal Technology (the Summary Judgment Order ) [Docket No. 3217]; and (3) the Memorandum of Decision (the Memorandum of Decision ) [Docket No. 3215] in connection with the Summary Judgment Order and the Administrative Claim Expense Order. For ease of reference, Appellant s Notice of Appeal is found at Docket No. 3315, Appellant s Designation of 1 The Reorganized Debtors, along with the last four digits of each reorganized debtor s tax identification number, as applicable, are: GT Advanced Technologies Inc. (6749), GTAT Corporation (1760), Lindbergh Acquisition (5073), GT Advanced Cz LLC (9815), and GT Advanced Technologies Limited (1721). The Debtors corporate headquarters are located at 243 Daniel Webster Highway, Merrimack, NH

2 Case: HJB Doc #: 3393 Filed: 04/07/16 Desc: Main Document Page 2 of 17 Items and Issues to Be Included In the Record on Appeal is found at Docket No. 3367, and Appellant s Amended Designation of Items and Issues to Be Included In the Record on Appeal is found at Docket No Importantly, certain of the documents designated by the Appellees (and some of the documents designated by the Appellant) contained sealed exhibits. The Appellees have filed with the district court a Motion for Order, Pursuant to Bankruptcy Rule 8009(f), Accepting Documents Sealed by Bankruptcy Court. The specific items that are subject to this motion are listed below: The supply agreements (the Prepetition Supply Agreements attached as Exhibit A to the complaint in TXT s Adversary Proceeding [Docket No. 1-1, Adv. Proc ] (Sealed in full designated by Appellees below) The Arbitration Award attached as Exhibit A to the Declaration of Henry (Chia-Heng) Lin in Support of Tera Xtal Technology Corp s Objection to Debtors Motion for Summary Judgment on Administrative Expense Claim of Tera Xtal Technology [Bankruptcy Docket No ] 2 (Portions remain filed under seal designated by Appellants on March 24, 2016 [Docket No. 3367]) The PowerPoint Presentation attached as Exhibit A to the Declaration of Eric Hsu in Support of Debtors Motion for Summary Judgment on Administrative Expense Claim of Tera Xtal Technology, which is attached as Exhibit 1 to the Statement of Undisputed Materials Facts In Support of Debtors Motion for Summary Judgment on Administrative Expense Claims of Tera Xtal Technology [Docket No. 3107] (Sealed in full designated by Appellants on March 24, 2016 [Docket No. 3367]) Other than these three documents, the Appellees request that the entire set of materials listed in the table below be transmitted to the district court as part of the record on appeal. 2 This Arbitration Award was also filed as an exhibit to the complaint in the adversary proceeding brought by TXT, and was sealed by this Court in its entirety in the context of that proceeding. See [Docket Nos. 1 & 64 in Adv. Proc ]. However, GTAT is only requesting that the limited portions that were sealed pursuant to the Court s Order Granting Debtors' Objection, Pursuant to Bankruptcy Code Section 107(b), Bankruptcy Rule 9018, and Court's February 5, 2016 Order, Requesting That Certain Documents Filed in Connection With Debtors' Summary Judgment Motion, Dated December 15, 2016, Remain Under Seal, dated February 12, 2016 [Docket No. 3097], remain sealed on appeal. 2

3 Case: HJB Doc #: 3393 Filed: 04/07/16 Desc: Main Document Page 3 of 17 I. DESIGNATION OF ADDITIONAL ITEMS FOR RECORD ON APPEAL Documents filed in the United States Bankruptcy Court for the District of New Hampshire A. Items from In re GT Advanced Technologies Ltd., Case No HJB 1 10/6/2014 Chapter 11 Voluntary Petition B. Items from In re GT Advanced Technologies Inc. et al., Case No HJB 1 10/6/2014 Chapter 11 Voluntary Petition 47 10/8/2014 Order Granting Debtors Emergency Ex Parte Motion, Pursuant to Bankruptcy Rule 1015, for Entry of Order Directing Joint Administration of Related Chapter 11 Cases /31/2014 Amended Appointment of an Official Committee of Unsecured Creditors /3/2014 Limited Objection to Debtors Motion for Entry of Order Approving Terms of, and Authorizing Debtors to Enter into, Adequate Protection and Settlement Agreement with Apple /12/2014 Debtors Omnibus Reply in Support of Debtors Motion, Pursuant to Bankruptcy Code Sections 105, 361, 363(B), 364, and 365 and Bankruptcy Rule 9019, for Entry of Order Approving Terms of, and Authorizing Debtors to Enter into, Adequate Protection and Settlement Agreement with Apple /13/2014 Stipulation of Undisputed Facts Between Debtors and Tera Xtal Technology /14/2015 Supplemental Memorandum of Facts and Law Regarding Limited Objection to Debtors Motion for Entry of Order Approving Terms of, and Authorizing Debtors to Enter Into, Adequate Protection and Settlement Agreement with Apple 3

4 Case: HJB Doc #: 3393 Filed: 04/07/16 Desc: Main Document Page 4 of /21/2015 Complaint by Tera Xtal Technology Corporation Against GT Advanced Technologies, Inc /17/2015 Objection of Tera Xtal Technology to Debtors Amended Motion for Order Pursuant to Bankruptcy Code Sections 363(B) and 503(B) and Bankruptcy Rules 2002 and 6004(H) (A) Authorizing Debtors to Pay Put Option Premium and Expenses to Certain Unaffiliated GT Noteholders in Connection with Debtor in Possession Financing Commitment and (B) Approving Information Sharing Obligations and Indemnity Thereunder /6/2015 Notice of Transfer for Citigroup Financial Products Inc. re: Tera Xtal Technology (Claim No. 874) /6/2015 Notice of Transfer for Citigroup Financial Products Inc. re: Tera Xtal Technology (Claim No. 738) /10/2015 Adversary Case Complaint by GT Advanced Technologies Limited Against Tera Xtal Technology Corp /20/2015 Certificate of Service of Karla M. Quirk re: Motion of Tera Xtal Technology for Allowance and Payment of Administrative Expense Claims Pursuant to 11 U.S.C. 503(B)(1) /9/2015 Certificate of Service of Alvaro Salas, Jr. re: 1) Debtors Preliminary Objection to Motion of PC Connection, Inc. for Allowance and Payment of Administrative Expense Claims Pursuant to 11 U.S.C. 503(B)(1); and 2) Debtors Preliminary Objection to Motion of Tera Xtal Technology for Allowance and Payment of Administrative Expense Claims Pursuant to 11 U.S.C. 503(B)(1) /10/2015 Adversary Case Complaint by GT Advanced Technologies Limited Against Tera Xtal Technology Corp /10/2015 GT Advanced Technologies Limited s Objection, Pursuant to Bankruptcy Code Section 502(d) to Proofs Of Claim Nos. 738, 874, 1048, and 1050 Filed by Tera Xtal Technology 4

5 Case: HJB Doc #: 3393 Filed: 04/07/16 Desc: Main Document Page 5 of /11/2015 Order of the Court Directing the Parties to File Proposed Discovery Order On or Before June 25, /15/2015 Certificate of Service of Alvaro Salas, Jr. re: 1) GT Advanced Technologies Limited s Objection, Pursuant to Bankruptcy Code Section 502(d) to Proofs of Claim Nos. 738, 874, 1048, and 1050 Filed by Tera Xtal Technology ; 2) Debtors Assented-to Motion to Adjourn Hearing on Assumption of Santa Rosa, California, Non- Residential Real Property Lease to July 16, 2015 at 10:00 a.m. (Eastern Time); and 3) Debtors Motion for Order, Under Bankruptcy Code Sections 105, 363 and 365, Bankruptcy Rules 2002, 6004, 6006 and 9007, and Local Bankruptcy Rule , Approving Sale of Certain Assets of GT Sapphire Systems Group LLC to Thermal Technology, LLC Free and Clear of Liens, Claims, Encumbrances, and Interests /25/2015 Pretrial Order /30/2015 Debtors Motion, Pursuant to Bankruptcy Code Sections 105(A) and 362 and Bankruptcy Rule 9020, for Entry of Order: (A) Imposing Contempt Sanctions on Tera Xtal Technology for Commencing Action Against GT Hong Kong in Taiwan Court in Violation of this Court s October 9, 2014 Order and Automatic Stay; (B) Enforcing this Court s October 9, 2014 Order and Automatic Stay; and (C) Declaring Taiwan Action Void ab Initio /1/2015 Certificate of Service of Alvaro Salas, Jr. re: 1) Debtors Motion, Pursuant to Bankruptcy Code Sections 105(A) and 362 and Bankruptcy Rule 9020, for Entry of Order: (A) Imposing Contempt Sanctions on Tera Xtal Technology for Commencing Action Against GT Hong Kong in Taiwan Court in Violation of this Court s October 9, 2014 Order and Automatic Stay; (B) Enforcing this Court s October 9, 2014 Order and Automatic Stay; and (C) Declaring Taiwan Action Void Ab Initio; and 2) Notice of Filing of Fifth Supplemental List of Ordinary Course Professionals /6/2015 Tera Xtal Technology s Response to GT Advanced Technologies Limited s Objection, Pursuant to Bankruptcy Code Section 502(d) to Proofs of Claim Nos. 5

6 Case: HJB Doc #: 3393 Filed: 04/07/16 Desc: Main Document Page 6 of , 874, 1048, and 1050 Filed by Tera Xtal Technology /6/2015 Certificate of Service of Karla M. Quirk re: Tera Xtal Technology s Response to GT Advanced Technologies Limited s Objection, Pursuant to Bankruptcy Code Section 502(d) to Proofs of Claim Nos. 738, 874, 1048, and 1050 Filed by Tera Xtal Technology /6/2015 Response of Citigroup Financial Products Inc. to GT Advanced Technologies Limited s Objection, Pursuant to Bankruptcy Code Section 502(d) to Proofs of Claim Nos. 738, 874, 1048, and 1050 Filed by Tera Xtal Technology /6/2015 Certificate of Service of James F. Laboe re: GT Advanced Technologies Limited s Objection, Pursuant to Bankruptcy Code Section 502(d) to Proofs Of Claim Nos. 738, 874, 1048, and 1050 Filed by Tera Xtal Technology /9/2015 Objection to Debtors Motion Pursuant to Bankruptcy Code Sections 105(A) and 362 and Bankruptcy Rule 9020, for Entry of Order: (A) Imposing Contempt Sanctions on Tera Xtal Technology for Commencing Action Against GT Hong Kong in Taiwan Court in Violation of this Court s October 9, 2014 Order and Automatic Stay; (B) Enforcing this Court s October 9, 2014 Order and Automatic Stay; and (C) Declaring Taiwan Action Void Ab Initio /9/2015 Certificate of Service of Karla M. Quirk re: Objection to Debtors Motion Pursuant to Bankruptcy Code Sections 105(A) and 362 and Bankruptcy Rule 9020, for Entry of Order: (A) Imposing Contempt Sanctions on Tera Xtal Technology for Commencing Action Against GT Hong Kong in Taiwan Court in Violation of this Court s October 9, 2014 Order and Automatic Stay; (B) Enforcing this Court s October 9, 2014 Order and Automatic Stay; and (C) Declaring Taiwan Action Void Ab Initio /16/2015 Order of the Court re: Debtors Motion, Pursuant to Bankruptcy Code Sections 105(A) and 362 and 6

7 Case: HJB Doc #: 3393 Filed: 04/07/16 Desc: Main Document Page 7 of 17 Bankruptcy Rule 9020, for Entry of Order: (A) Imposing Contempt Sanctions on Tera Xtal Technology for Commencing Action Against GT Hong Kong in Taiwan Court in Violation of this Court s October 9, 2014 Order and Automatic Stay; (B) Enforcing this Court s October 9, 2014 Order and Automatic Stay; and (C) Declaring Taiwan Action Void Ab Initio /20/2015 Order of the Court re: GT Advanced Technologies Limited s Objection, Pursuant to Bankruptcy Code Section 502(d) to Proofs Of Claim Nos. 738, 874, 1048, and 1050 Filed by Tera Xtal Technology /27/2015 Order of the Court Continuing Hearing on GT Advanced Technologies Limited s Objection, Pursuant to Bankruptcy Code Section 502(D) to Proofs Of Claim Nos. 738, 874, 1048, and 1050 Filed by Tera Xtal Technology ; Continued to September 17, 2015 at 10:00 a.m /27/2015 Order of the Court re: GT Advanced Technologies Limited s Objection, Pursuant to Bankruptcy Code Section 502(D) to Proofs Of Claim Nos. 738, 874, 1048, and 1050 Filed by Tera Xtal Technology /14/2015 Joint Motion to Extend Discovery and Deadlines of Pre- Trial Order /2/2015 Debtors' Motion Requesting Entry of Stipulation and Agreed Order By and Between Debtors and Tera Xtal Technology Regarding Waiver of Administrative Expense Claim for Storage Costs of Ten Advanced Sapphire Furnaces and Abandonment Thereof Pursuant to Bankruptcy Code Sections /13/2015 Certificate of No Objection Under 28 U.S.C Requesting Entry, Without a Hearing, of Stipulation and Agreed Order By and Between Debtors and Tera Xtal Technology Regarding Waiver of Administrative Expense Claim for Storage Costs of Ten Advanced Sapphire Furnaces and Abandonment Thereof Pursuant to Bankruptcy Code Section /16/2015 Stipulation and Agreed Order By and Between Debtors and Tera Xtal Technology Regarding Waiver of 7

8 Case: HJB Doc #: 3393 Filed: 04/07/16 Desc: Main Document Page 8 of 17 Administrative Expense Claim for Storage Costs of Ten Advanced Sapphire Furnaces and Abandonment Thereof Pursuant to Bankruptcy Code Section /16/2015 Order of the Court Continuing Hearing on GT Advanced Technologies Limited's Objection, Pursuant to Bankruptcy Code Section 502(d) to Proofs of Claim Nos. 738, 874, 1048, and 1050 Filed by Tera Xtal Technology ; Hearing Continued to November 19, 2015 at 10:00 a.m /10/2015 Joint Motion to Extend Deadlines of Pre-Trial Order /25/2015 Notice of Transfer (Partial) for Citigroup Financial Products Inc. re: Tera Xtal Technology (Claim No. 1048) /4/2015 Order Pursuant to Bankruptcy Code Sections 363(b) and 503(b) and Bankruptcy Rules 2002 and 6004(h) (A) Authorizing Debtors to Pay Put Option Premium and Expenses in Connection With Exit Financing Commitment and (B) Approving Indemnity Obligations Thereunder /15/2015 Memorandum of Law in Support of Debtors Motion for Summary Judgment on Administrative Expense Claim of Tera Xtal Technology /15/2015 Statement of Undisputed Material Facts in Support of Debtors Motion for Summary Judgment on Administrative Expense Claims of Tera Xtal Technology /15/2015 Debtors' Motion to Seal Certain Portions of Its Memorandum of Law, Statement of Facts, and Corresponding Exhibits, in Support of Debtors' Motion for Summary Judgment on Administrative Expense Claim Asserted by Tera Xtal Technology /16/2015 Amended Notice of Motion for Summary Judgment on Administrative Expense Claims of Tera Xtal Technology /16/2015 Order (I) Fixing Deadline for Filing Requests for Allowance of Administrative Expense Claims Arising on 8

9 Case: HJB Doc #: 3393 Filed: 04/07/16 Desc: Main Document Page 9 of 17 or Before December 31, 2015, and (II) Designating Form and Manner of Notice Thereof /17/2015 Order of the Court Continuing GT Advanced Technologies Limited s Objection, Pursuant to Bankruptcy Code Section 502(d) to Proofs Of Claim Nos. 738, 874, 1048, and 1050 Filed by Tera Xtal Technology ; Hearing Continued to January 7, 2016 at 10:00 a.m /24/2015 Certificate of Service of Alvaro Salas, Jr. re: Notice of Deadline for Filing of Administrative Expense Claims /5/2016 Debtors' Twelfth Omnibus Objection to Claims (Reclassified and Modified 503(b)(9) Claims, Modified Administrative Expense Claim, Reclassified 507(a) Claims, Reclassified and Modified Secured Claims, No Liability Claims) /6/2016 Hearing Set on GT Advanced Technologies Limited s Objection, Pursuant to Bankruptcy Code Section 502(d) to Proofs Of Claim Nos. 738, 874, 1048, and 1050 Filed by Tera Xtal Technology ; to be Held on February 4, 2016 at 10:00 a.m. (No Image Available) /8/2016 Amended Notice of Hearing on Debtors' Motion to Seal Certain Portions of Its Memorandum of Law, Statement of Facts, and Corresponding Exhibits, in Support of Debtors' Motion for Summary Judgment on Administrative Expense Claims Asserted by Tera Xtal Technology /11/2016 Hearing Set on Debtors' Motion to Seal Certain Portions of Its Memorandum of Law, Statement of Facts, and Corresponding Exhibits, in Support of Debtors' Motion for Summary Judgment on Administrative Expense Claim Asserted by Tera Xtal Technology ; to be Held on January 21, 2016 at 10:00 a.m. (No Image Available) /13/2016 Certificate of Service of Alvaro Salas, Jr. re: Amended Notice of Hearing on Debtors' Motion to Seal Certain Portions of Its Memorandum of Law, Statement of Facts, and Corresponding Exhibits, in Support of Debtors' Motion for Summary Judgment on Administrative 9

10 Case: HJB Doc #: 3393 Filed: 04/07/16 Desc: Main Document Page 10 of 17 Expense Claims Asserted by Tera Xtal Technology /22/2016 Tera Xtal Technology 's Objection to Debtors' Motion for Summary Judgment on Administrative Expense Claim of Tera Xtal Technology (and Incorporated Memorandum of Law) /22/2016 Declaration of Henry (Chia-Heng) Lin in Support of Tera Xtal Technology 's Objection to Debtors' Motion for Summary Judgment on Administrative Expense Claim of Tera Xtal Technology /22/2016 Declaration of Robert J. Keach, Esq. in Support of Tera Xtal Technology 's Objection to Debtors' Motion for Summary Judgment on Administrative Expense Claim of Tera Xtal Technology /22/2016 Tera Xtal Technology 's Opposing Statement of Material Facts and Statement of Additional Facts in Support of Its Objection to the Debtor's Motion for Summary Judgment on Administrative Expense Claim of Tera Xtal Technology /22/2016 Tera Xtal Technology 's Consent Motion to Seal /22/2016 Certificate of Service of Robert J. Keach re: Documents Served on January 22, /25/2016 Order Granting Consent Motion to Seal Certain Portions of Tera Xtal Technology 's Objection /26/2016 Response to Debtors' Twelfth Omnibus Objection to Claims /29/2016 Reply Memorandum of Law in Further Support of Debtors' Motion for Summary Judgment Disallowing Administrative Expense Claim of Tera Xtal Technology /29/2016 Debtors' Reply in Further Support of Statement of Undisputed Material Facts in Support of Debtors' Motion for Summary Judgment on Administrative Expense Claims of Tera Xtal Technology /2/2016 Order Pursuant to Bankruptcy Code Sections 105, 502, 1125, 1126 and 1129, Bankruptcy Rules 2002, 3003, 10

11 Case: HJB Doc #: 3393 Filed: 04/07/16 Desc: Main Document Page 11 of , 3017, 3018, 3020, 9006, 9013, 9014, and 9021, and Local Rules , , and : (I) Approving Debtors' Disclosure Statement for Joint Plan of Reorganization; (II) Establishing Voting Record Date; (III) Approving Solicitation Packages and Distribution Procedures; (IV) Approving Forms of Ballots and Establishing Procedures for Voting on Joint Plan of Reorganization; (V) Approving Forms of Notices to Non-Voting Classes Under Plan; (VI) Establishing Voting Deadline to Accept or Reject Plan; (VII) Approving Procedures for Vote Tabulations; and (VIII) Establishing Confirmation Hearing Date and Notice and Objection Procedures in Respect Thereof /3/2016 Debtors' Omnibus Reply in Support of Twelfth Omnibus Objection to Proofs of Claim /5/2016 Order re: 1) Order Authorizing Debtors to File Under Seal Certain Portions of Its Memorandum of Law, Statement of Facts, and Corresponding Exhibits, in Support of Debtors' Motion for Summary Judgment on Administrative Expense Claim, and (II) Directing Parties to Redact Protected Information in Responsive or Related Hearings and 2) Order Granting Consent Motion to Seal Certain Portions of Tera Xtal Technology 's Objection /5/2016 Order Granting Debtors' Twelfth Omnibus Objection to Claims (Reclassified and Modified 503(b)(9) Claims, Modified Administrative Expense Claim, Reclassified 507(a) Claims, Reclassified and Modified Secured Claims, No Liability Claims) /11/2016 Response of Tera Xtal Technology to Bankruptcy Court's Order Dated February 5, /11/2016 Debtors' Objection, Pursuant to Bankruptcy Code Section 107(b), Bankruptcy Rule 9018, and Court's February 5, 2016 Order, Requesting That Certain Documents Filed in Connection With Debtors' Summary Judgment Motion, Dated December 15, 2016, Remain Under Seal /12/2016 Order Granting Debtors' Objection, Pursuant to Bankruptcy Code Section 107(b), Bankruptcy Rule 9018, and Court's February 5, 2016 Order, Requesting That 11

12 Case: HJB Doc #: 3393 Filed: 04/07/16 Desc: Main Document Page 12 of 17 Certain Documents Filed in Connection With Debtors' Summary Judgment Motion, Dated December 15, 2016, Remain Under Seal /15/2016 Certificate of Service of Michael J. Paque re: Solicitation Materials Served on February 8, /17/2016 Affidavit of Publication of Notice of: (I) Approval of Disclosure Statement; (II) Establishment of Voting Record Date; (III) Procedures and Deadline for Voting on plan; and (IV) Hearing on Confirmation of Plan and Procedures for Objections in The New York Times and The New Hampshire Union Leader on February 11, /17/2016 Approved Disclosure Statement for Debtors' Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code, Dated February 1, /26/2016 Tera Xtal Technology 's Objection to Confirmation of Debtors' Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code, Dated February 1, /29/2016 Notice of Filing of Certification of Michael J. Paque on Behalf of Kurtzman Carson Consultants, LLC Regarding Voting and Tabulation of Ballots Accepting and Rejecting the Debtors Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code /29/2016 Notice of Filing of Declaration of Robert A. Campagna in Support of Confirmation of Debtors' Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code /29/2016 Notice of Filing of Declaration of Raja Bal, Chief Financial Officer of GTAT Corporation, in Support of Confirmation of Debtors' Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code /29/2016 Notice of Filing of Declaration of Robert Amici in Support of Confirmation of Debtors' Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy 12

13 Case: HJB Doc #: 3393 Filed: 04/07/16 Desc: Main Document Page 13 of 17 Code /29/2016 Notice of Filing of Declaration of Neil A. Augustine, Executive Vice Chairman of Rothschild Inc., in Support of Confirmation of Debtors' Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code /29/2016 Notice of Filing of Amended Exhibit A to Memorandum of Law in Support of Confirmation of Debtors' Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code and in Response to Objections to Confirmation Thereof /29/2016 Amended Memorandum of Law in Support of Confirmation of Debtors' Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code and in Response to Objections to Confirmation Thereof /2/2016 Notice of Appearance and Request for Service of Papers by William S. Gannon on Behalf of Tera Xtal Technology /3/2016 Notice of Conditional Withdrawal of Tera Xtal Technology 's Objection to Confirmation of Debtors' Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code, Dated February 1, /3/2016 Order Granting Tera Xtal Technology 's Ex Parte Motion for Permission to Appear Telephonically at the March 3, 2016 Hearing /7/2016 Notice of Withdrawal of Appearance by Robert J. Keach /7/2016 Debtors' Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code, Dated March 7, /8/2016 Order Confirming Debtors' Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code, Dated March 7, /10/2016 Hearing Set On re: GT Advanced Technologies 13

14 Case: HJB Doc #: 3393 Filed: 04/07/16 Desc: Main Document Page 14 of 17 Limited s Objection, Pursuant to Bankruptcy Code Section 502(d) to Proofs Of Claim Nos. 738, 874, 1048, and 1050 Filed by Tera Xtal Technology ; to be Held on May 4, 2016 at 10:00 am (No Image Available) July 16, 2015 Hearing Transcript January 21, 2016 Hearing Transcript February 1, 2016 Hearing Transcript March 3, 2016 Hearing Transcript March 4, 2016 Hearing Transcript C. Items from Tera Xtal Technology v. GT Advanced Technologies Limited, Adv. Proc. No HJB_ 1 1/21/2015 Adversary case Complaint by Tera Xtal Technology Corporation against GT Advanced Technologies Limited 3 3 1/21/2015 Motion to Seal Filed by Plaintiff Tera Xtal Technology Corporation 4 1/21/2015 Certificate of Service Filed by Plaintiff Tera Xtal Technology 5 1/22/2015 Summons Issued on Attorney Jennifer Rood, Esq. to be served on GT Advanced Technologies Limited 8 1/23/2015 Alias Summons Issued on Attorney Jennifer Rood, Esq. to be served on GT Advanced Technologies Limited 22 2/09/2015 Motion to Dismiss Adversary Proceeding Filed by Defendant GT Advanced Technologies Limited 3 As discussed above, certain exhibits to this complaint were filed under seal in this Court and are subject to the Appellees motion requesting that the district court accept these documents under seal pursuant to Bankruptcy Rule 8009(f). 14

15 Case: HJB Doc #: 3393 Filed: 04/07/16 Desc: Main Document Page 15 of /09/2015 Debtors' Objection to Plaintiff's Motion to Determine Non-Confidentiality of Arbitration Award and Supply Agreements and Temporarily Seal Documents Pending Court's Ruling on Confidentiality Filed by Defendant GT Advanced Technologies Limited 48 6/3/2015 Objection Filed by Creditor Citigroup Financial Products Inc., Plaintiff Tera Xtal Technology Corp 50 6/10/2015 Reply /Defendant's Reply in Support of Its Motion Pursuant to Bankruptcy Rule 7012(b) to Dismiss Complaint for Failure to State a Claim Filed by Defendant GT Advanced Technologies Limited 58 7/01/2015 Motion Under Fed. R. Bankr. P to Join Citigroup Financial Products Inc. as a Party Plaintiff in the Adversary Proceeding Filed by Creditor Citigroup Financial Products Inc. 59 7/2/2015 Order Granting Motion Under Fed. R. Bankr. P to Join Citigroup Financial Products Inc. as a Party Plaintiff in the Adversary Proceeding 61 7/16/2015 Order Under Advisement Motion to Dismiss Adversary Proceeding 64 12/29/2015 Order Granting Motion to File Document Under Seal (Related Doc #3) inasmuch as the Arbitration Award and Supply Agreements may be filed under seal 65 12/29/2015 Memorandum Opinion issued by Judge Henry J. Boroff This Court finds and rules that each count of the Complaint is precluded by the res judicata effect of the Tribunals Decision and Final Award. Accordingly, the Motion to Dismiss will be GRANTED /29/2015 Order Granting Motion to Dismiss Adversary Proceeding 15

16 Case: HJB Doc #: 3393 Filed: 04/07/16 Desc: Main Document Page 16 of 17 D. Items from GT Advanced Technologies Limited v. Tera Xtal Technology, Adv. Proc. No HJB 1 6/10/2015 Adversary case Complaint by GT Advanced Technologies Limited against Tera Xtal Technology 3 6/11/2015 Summons Issued on G. Alexander Bongartz, Esq. to be served on Tera Xtal Technology 4 6/12/2015 Certificate of Service re Complaint by GT Advanced Technologies Limited against Tera Xtal Technology 5 6/16/2015 Summons Service Executed on Tera Xtal Technology 8 7/13/2015 Answer to Complaint Filed by Defendant Tera Xtal Technology 10 8/20/2015 Statement of /Plaintiff's Statement in Advance of August 27, 2015 Pre-Trial Conference Filed by Plaintiff GT Advanced Technologies Limited 11 8/21/2015 Response Filed by Defendant Tera Xtal Technology Remainder of page intentionally left blank 16

17 Case: HJB Doc #: 3393 Filed: 04/07/16 Desc: Main Document Page 17 of 17 Dated: April 7, 2016 /s/ Daniel W. Sklar Daniel W. Sklar, Esq. Holly J. Barcroft, Esq. NIXON PEABODY LLP 900 Elm Street Manchester, NH Telephone: (603) Facsimile: (603) and- Luc A. Despins, Esq. Andrew V. Tenzer, Esq. James T. Grogan, Esq. (BNH07394) G. Alexander Bongartz (BNH07449) PAUL HASTINGS LLP Park Avenue Tower 75 East 55th Street, First Floor New York, New York Telephone: (212) Facsimile: (212) Co-Counsel for the Reorganized Debtors 17