From: Boris Nikolic To: Jeffrey E. <[email protected]> Subject: FMI/Roche standstill Date: Sun, 25 Feb 2018 20:57:44 +0000 Hi! Will call you later today. Please in future, always use this email and not my Hotmail. I am barely using it. You are correct re FMI that I should exercise soon. There are however few upcoming catalysts — next week FDA/CMS final NCD for reimbursement. March 7 — last year final results and projection for 2018. And most importantly April 6! April 6 is three years after Roche acquired in tender 58.5% of FMI. Roche will be able to acquire the rest of FMI for the first time after April 6th Roche just acquired Flatiron Health for 2B https://www.forbes.com/sites/matthewherper/2018/02/15/roche-to-buy-big-data-upstart-flatiron-health-for-1-9- billion/lt3d2d61Of1e85 Flatiron works very closely with FMI. Roche really needs both pieces. FMI genetic data are getting combined with Flatiron clinical data for the full picture. Current FMI share price is $77.65/share If Roche make an acquisition they need to buy the minority of company so it will not cost them that much. There is a rumor of $190-200/share. There is few unique features of that acquisition that are negotiated before a tender. Below is the standstill language from the original 8-K released on the 1/12/2015 announcement of the Roche tender offer. There are a couple important points — first, there cannot be any private or public communication about the intent to acquire further shares of FMI (meaning no preparatory talk leading up to 4/6/2018) — and second, following the 3-year Original Standstill Period," and before the ending of the 5-year standstill, any action to acquire further FMI ownership must be an offer to purchase the entirety of shares outstanding (not a tender, not a slow continual acquisition of shares). A take-out offer in full like this is an easier, quicker event than the alternatives disallowed by section 3.01. Thus, I am giving 75% chance for the April