IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
`
`WHITEBARK VALUE PARTNERS LP and ROBERT
`GARFIELD,
`
`Plaintiffs,
`
`V.
`
`CLAYTON DUBILIER & RICE, LLC, CD&R PISCES
`HOLDINGS, L.P., CLAYTON DUBILIER & RICE FUND
`VIII, L.P., CD&R FRIENDS & FAMILY FUND VIII, L.P.,
`and ALENA S. BRENNER,
`
`Defendants
`
`THE STATE OF DELAWARE
`
`TO SPECIAL PROCESS SERVER - Parcels, Inc.:
`
`YOU ARE COMMANDED:
`
`C.A. No. 2023-0092-JTL
`
`SUMMONS
`
`Pursuant to 10 Del. C. Sec. 3114
`
`To Summon the above-named defendant by service pursuant to 10 Del. C. Sec. 3114 upon
`Clayton Dubilier & Rice, LLC. a Delaware corporation, by serving its registered agent, The
`Corporation Trust Company, which is designated for service of process in Delaware, so that, within
`20 days after service hereof upon defendants, exclusive of the day of service, such defendants shall
`serve upon Ned Weinberger, Esquire, plaintiff's attorney, whose address is Labaton Sucharow LLP.
`222 Delaware Avenue, Suite 1510. Wilmington, DE 19801 an answer to the verified complaint.
`To serve upon defendant a copy hereof, of the complaint, and of a statement of plaintiff filed
`pursuant to Chancery Court Rule 4(dc)(1).
`
`TO THE ABOVE-NAMED DEFENDANTS:
`In case of your failure, within 20 days after service hereof upon you, exclusive of the day of
`service, to serve on plaintiff's attorney named above an answer to the complaint, judgment by default
`may be rendered against you for the relief demanded in the complaint.
`
`Register in Chancery
`
`*The text of 10 Del. C. Sec. 3114 is set out on the reverse of this Summons
`
`EFiled: Feb 14 2023 03:40PM EST
`Transaction ID 69148498
`Case No. 2023-0092-JTL
`
`

`

`C.A. No. 2023-0092-JTL
`
`WHITEBARK VALUE PARTNERS LP
`and ROBERT GARFIELD,
`
`Plaintiffs,
`
`V.
`
`CLAYTON DUBILIER & RICE, LLC,
`CD&R PISCES HOLDINGS, L.P.,
`CLAYTON, DUBILIER & RICE FUND
`VIII, L.P., CD&R FRIENDS & FAMILY
`FUND VIII, L.P. and ALENA S.
`BRENNER,
`
`Defendants
`
`SUMMONS
`
`Please effectuate service upon:
`
`1. Alena S. Brenner
`
`By serving the registered agent of:
`
`Clayton Dubilier & Rice, LLC
`The Corporation Trust Company
`Corporation Trust Center
`1209 Orange St
`Wilmington, DE 19801
`
`Pursuant to 10 Del. C. Sec. 3114
`
`SERVICE TO BE COMPLETED BY
`SPECIAL PROCESS SERVERS —
`
`Parcels, Inc.
`
`§3114. Service of process on nonresident directors, trustees,
`members of the governing body or officers of Delaware
`corporations.
`
`(a) Every nonresident of this State who after September 1,
`1977, accepts election or appointment as a director, trustee or
`member of the governing body of a corporation organized
`under the laws of this State or who after June 30, 1978, serves
`in such capacity, and every resident of this State who so
`accepts election or appointment or serves in such capacity and
`thereafter removes residence from this State shall, by such
`acceptance or by such service, be deemed thereby to have
`consented to the appointment of the registered agent of such
`corporation (or, if there is none, the Secretary of State) as an
`agent upon whom service of process may be made in all civil
`actions or proceedings brought in this State, by or on behalf
`of, or against such corporation, in which such director, trustee
`or member is a necessary or proper party, or in any action or
`proceeding against such director, trustee or member for
`
`violation of a duty in such capacity, whether or not the person continues to
`serve as such director, trustee or member at the time suit is commenced.
`Such acceptance or service as such director, trustee or member shall be a
`signification of the consent of such director, trustee or member that any
`process when so served shall be of the same legal force and validity as if
`served upon such director, trustee or member within this State and such
`appointment of the registered agent (or, if there is none, the Secretary of
`State) shall be irrevocable. (b) Every nonresident of this State who after
`January 1, 2004, accepts election or appointment as an officer of a
`corporation organized under the laws of this State, or who after such date
`serves in such capacity, and every resident of this State who so accepts
`election or appointment or serves in such capacity and thereafter removes
`residence from this State shall, by such acceptance or by such service, be
`deemed thereby to have consented to the appointment of the registered
`agent of such corporation (or, if there is none, the Secretary of State) as an
`agent upon whom service of process may be made in all civil actions or
`proceedings brought in this State, by or on behalf of, or against such
`corporation, in which such officer is a necessary or proper party, or in any
`action or proceeding against such officer for violation of a duty in such
`capacity, whether or not the person continues to serve as such officer at the
`time suit is commenced. Such acceptance or service as such officer shall be
`a signification of the consent of such officer that any process when so
`served shall be of the same legal force and validity as if served upon such
`officer within this State and such appointment of the registered agent (or,
`if there is none, the Secretary of State) shall be irrevocable. As used in this
`section, the word "officer" means an officer of the corporation who (i) is or
`was the president, chief executive officer, chief operating officer, chief
`financial officer, chief legal officer, controller, treasurer or chief accounting
`officer of the corporation at any time during the course of conduct alleged
`in the action or proceeding to be wrongful, (ii) is or was identified in the
`corporation's public filings with the United States Securities and Exchange
`Commission because such person is or was 1 of the most highly
`compensated executive officers of the corporation at any time during the
`course of conduct alleged in the action or proceeding to be wrongful, or
`(iii) has, by written agreement with the corporation, consented to be
`identified as an officer for purposes of this section. (c) Service of process
`shall be effected by serving the registered agent (or, if there is none, the
`Secretary of State) with 1 copy of such process in the manner provided by
`law for service of writs of summons. In addition, the Prothonotary or the
`Register in Chancery of the court in which the civil action or proceeding is
`pending shall, within 7 days of such service, deposit in the United States
`mails, by registered mail, postage prepaid, true and attested copies of the
`process, together with a statement that service is being made pursuant to
`this section, addressed to such director, trustee, member or officer (i) at the
`corporation's principal place of business and (ii) at the residence address as
`the same appears on the records of the Secretary of State, or, if no such
`residence address appears, at the address last known to the party desiring
`to make such service; provided, however, that if any such director's,
`trustee's, member's or officer's address as described in clause (ii) of this
`subsection (c) shall be the same as the address described in clause (i) of this
`subsection, then the Prothonotary or Register in Chancery shall be required
`to make only 1 such mailing to such director, trustee, member or officer, at
`the address described in clause (i) of this subsection.(d) In any action in
`which any such director, trustee, member or officer has been served with
`process as hereinabove provided, the time in which a defendant shall be
`required to appear and file a responsive pleading shall be computed from
`the date of mailing by the Prothonotary or the Register in Chancery as
`provided in subsection (c) of this section; however, the court in which such
`action has been commenced may order such continuance or continuances
`as may be necessary to afford such director, trustee, member or officer
`reasonable opportunity to defend the action. (e) Nothing herein contained
`limits or affects the right to serve process in any other manner now or
`hereafter provided by law. This section is an extension of and not a
`limitation upon the right otherwise existing of service of legal process upon
`nonresidents. (f) The Court of Chancery and the Superior Court may make
`all necessary rules respecting the form of process, the manner of issuance
`and return thereof and such other rules which may be necessary to
`implement this section and are not inconsistent with this section.
`
`

`

`AFFIDAVIT OF SERVICE
`
`IN THE COURT OF CHANCERYOF THE STATE OF DELAWARE
`
`
`WHITEBARK VALUE PARTNERSLP and ROBERT
`GARFIELD,
`
`Plaintiffs,
`
`CLAYTON DUBILIER & RICE, LLC, CD&R PISCES
`HOLDINGS, L.P., CLAYTON, DUBILIER & RICE
`FUND VIII, L.P., CD&R FRIENDS & FAMILY FUND
`VII, L.P., and ALENA S. BRENNER,
`
`CA No: 2023-0092-JTL
`
`Defendants.
`
`ss.
`
`} }
`
`STATE OF DELAWARE
`
`COUNTY OF NEW CASTLE }
`
`I, Robert Lougheed, of Parcels, Inc., the State of Delaware, County of New Castle,
`being duly sworn,says that on the 13" day of February, 2023, at 8:32 p.m.,I
`personally served a copy of a SUMMONSand VERIFIED CLASS ACTION
`COMPLAINTwith supporting documents on CLAYTON DUBILIER & RICE,
`LLC byserving the registered agent, The Corporation Trust Company, 1209
`Orange Street, Wilmington, DE 19801.
`
`Nameofindividual accepting service: Robin Hutt-Banks - Authorized to Accept.
`Description of individual: African American, female, 45-55 years of age, 59”tall,
`1701bs with black hair.
`
`Subscribed and sworn before me
`This 13" day of February, 2023
`Notary Public
`
`
`
`VV Try
`ih \|
`IT] Ip,
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`
`\
`
`

`

`
`
`CERTIFICATE OF SERVICE
`I, Ned Weinberger, hereby certify that on February 14, 2023, I caused a copy
`
`of the foregoing to be served via File & ServeXpress upon the following attorneys:
`
`
`
`Kimberly A. Evans
`BLOCK & LEVITON LLP
`3801 Kennett Pike, Suite C-305
`Wilmington, DE 19807
`
`
`
`
`
`
`
`/s/ Ned Weinberger
`
`
`
`
` Ned Weinberger (Bar No. 5256)
`
`
`
`
`
`
`
`
`