Kevin P. Kennedy Partner

2475 Hanover Street Palo Alto, CA 94304 [email protected] Phone: +1-650-251-5130 Fax: +1-650-251-5002

Located in Palo Alto, Kevin Kennedy currently serves as the PRACTICE FOCUS Global Head of the Firm’s Technology Practice. Possessing what Chambers described as “great depth of experience in all Corporate facets of capital markets,” and one of a handful of lawyers Capital Markets ranked in Chambers’ highest category for Capital Markets, Kevin Equity and Equity Linked primarily focuses on securities and corporate governance Initial Public Offerings matters. Since helping to found the Firm’s Palo Alto office more Debt Mergers and Acquisitions than 20 years ago, Kevin has represented issuers and Corporate – M&A underwriters on many of the highest-profile securities Corporate Governance transactions undertaken by the leading technology and life Crisis Management science companies of this century. Kevin was recently recognized Shareholder Activism by Law360 as a 2021 Technology “MVP” for his work on several of the year’s highest-profile offerings, including Airbnb’s IPO INDUSTRIES and Roblox’s direct listing, and selected among the “Top 100 Lawyers in California” for 2020 by the Daily Journal. He was Technology also recognized as a 2018 Law360 Technology “MVP” and named Healthcare the “Lawyer of the Week” by the Financial Times of London, as well as a “Trusted Adviser” by The Recorder.

Kevin is a lead co-author of the book titled, “IPOs: Considerations for Business Owners and Executives Taking their Company Public," recently published by Donnelley Financial Solutions. In addition, he has spoken on securities matters at the Annual Institute on Securities Laws, sponsored by the Practising Law Institute, and has published numerous articles on securities, corporate governance matters and initial

www.simpsonthacher.com 1 public offerings.

Representative examples of Kevin’s capital markets experience include the following:

Underwriters in Airbnb’s $3.83 billion IPO Airbnb in its $1 billion investment from Silver Lake Partners and its most recent preferred stock offering, which also raised over $1 billion in proceeds Financial advisors in the direct listing by Roblox, which valued the company at $45 billion and was the largest direct listing ever completed at that time 10x Genomics in its $448.5 million IPO—the largest life sciences IPO of 2019 XPeng in its $1.72 billion IPO—the largest-ever IPO completed by an electric vehicle manufacturer - and subsequent follow on offering Underwriters in Sonos’ $208 million IPO Alibaba Group Holding Ltd. in its $7 billion debt offering Underwriters in Dropbox’s $969 million IPO ZS Pharma in its $2.7 billion acquisition by AstraZeneca Underwriters in Apple’s $17 billion bond offering—the largest-ever corporate debt offering at the time—and all subsequent registered public offerings by Apple, for a total more than $161 billion in proceeds Underwriters in connection with the $260 million IPO of Tesla Motors, Inc.—the first initial public offering by a U.S. auto manufacturer since 1956—and on all 15 subsequent public offerings, which have raised more than $25 billion in total proceeds Underwriters in connection with the $230 million IPO of Vince Holding Corp. Apple in connection with its $661 million convertible notes offering–the largest-ever convertible debt offering undertaken by a company at that time Underwriters in connection with eBay’s IPO and follow-on stock offerings Merrill Lynch & Co. as underwriter in the IPO of Nu Skin Enterprises—the first simultaneous U.S./Japanese IPO in history

www.simpsonthacher.com 2 Various underwriters and issuers in connection with common and preferred equity, investment grade debt and convertible debt offerings on behalf of Active Software, Advanced Energy Industries, Airbnb, Alibaba, Allakos, Amazon.com, Apple, BackWeb Technologies, Bare Escentuals, Bedford Property Investors, Burke Industries, Calgene, Cardiome Pharma, Cell Therapeutics, Ceres, Cirrus Logic, Clayton Homes, Cobalt Networks, Demand Media, Dial Corporation, Dropbox, eBay, FormFactor, Foundation Health, Fox Factory, FTI Consulting, Gensia Pharmaceuticals, Gentek Building Products, ICOS Corporation, InsWeb Corporation, Intelligent Surgical Lasers, KeraVision, Labor Ready, Limelight Networks, lululemon athletica, National Semiconductor, Nexagen, Nuance Communications, NuSkin Enterprises, Pets.com, Playtex, Potlatch Corporation, Portal Software, Read Rite, Resonate Software, SanDisk, Sonos, Sun Microsystems, Shutterfly, Tesla Motors, TIBCO Software, TTM Technologies, Vince Holding Corp., Vivint Solar, XPeng and ZS Pharma

Prior to joining Simpson Thacher in 2000, Kevin was a Partner in the Menlo Park office of Shearman & Sterling. He holds degrees from Boalt Hall School of Law, UC Berkeley, and UC Davis. He currently serves as a Board Member for the Bowles Hall Foundation and as a member of the Board of Trustees of the University of California, Berkeley Foundation. Kevin was a member of the Executive Board of the Berkeley Center for Law, Business and the Economy and a Board Member of the Boalt Hall Alumni Association for a number of years.