SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK INTERNATIONAL BUSINESS MACHINES CORPORATION, Index No. _____ Plaintiff, SUMMONS v. The Index Number was purchased on GLOBALFOUNDRIES U.S. INC., June __, 2021. Defendant. TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to serve upon plaintiff’s attorneys an answer to the complaint in this action within 20 days after the service of this summons, exclusive of the day of service, or within 30 days after service is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the complaint. Plaintiff designates New York County as the place of trial. Venue is proper in this County pursuant to CPLR § 501 because the plaintiff and the defendant have expressly agreed to submit to the exclusive jurisdiction of any New York State court sitting in the County of New York for the resolution of any dispute arising from the agreements at issue in this action. 1 Dated: New York, New York June 8, 2021 PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP By: / Robert David M. Bemick Richard C. Tarlowe Pietro J. Signoracci 1285 Avenue of the Americas New York, NY 10019 (212)373-3000
[email protected] [email protected] [email protected] [email protected] Jane B. O’Brien 2001 K Street NW Washington, DC 20006 (202) 223-7300
[email protected] Counsel for International Business Machines Corporation TO: GLOBALFOUNDRIES U.S. Inc.