Exhibit List PartyCal. Super. - 6th Dist.April 29, 2021\OWQONUIhMNH NNNNNNNNNHHHHHHHHHH WQthMNflcwwqa‘xUIhMNHc Electronically Filed Seth W. Wiener, California State Bar No. 203747 by Superior Court of CA,LAW OFFICES OF SETH W. WIENER 609 Karina Court San Ramon, CA 94582 Telephone Number: (925) 487-5607 Email: seth@sethwienerlaw.com Attorney for Defendant SUPERCUTS, INC. County of Santa Clara, on 6/29/2021 2:48 PM Reviewed By: R. Tien Case #21 CV381300 Envelope: 6748865 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA WEINGARTEN REALTY INVESTORS, Plaintiff, vs. SUPERCUTS, INC; DOES 1 TO 10; Defendants. Case N0.: 21CV381300 DEFENDANT SUPERCUTS, INC.’S EXHIBIT LIST Date: June 30, 2021 Time: 9:00 am. Dept: 4 TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD Defendant SuperCuts, Inc. respectfully submits its list 0f exhibits. A. Required Statement 0f Reason for Termination of Tenancy or Eviction and Notice of Small Business Tenant’s Rights, bates-stamped SUPERCUTS 000071-73. B. Excerpts of Weingarten Realty Investors Q3 2020 Earnings Call, SUPERCUTS 000102- 000103, 0001 1 1. C. Excerpts 0f Weingarten Realty Investors Q4 2020 Earnings Call, SUPERCUTS 000122- 000123, 131. Supercuts, Inc. reserves the right t0 submit additional exhibits for the purpose 0f impeachment and/or rebuttal. Dated: June 29, 2021 Exhibit List LAW OFFICES OF SETH W. WIENER WWW Seth W. Wiener Attorneys for Defendant SUPERCUTS, INC. PAGE 1 EXHIBIT A REQUIRED STATEMENT OF REASON FOR TERMINATION 0F TENANCY OR EVICTION AND NOTICE OF SMALL BUSINESS TENANTS’ RIGHTS (Per County 0f Santa Clara Ordinance N0. NS-9.287, as amended by Ordinance Nos. NS-9.288, NS-9.289, NS-9.292, NS-9.293 and NS-9.299) The County of Santa Clara has enacted a moratorium on evictions for non-payment 0f rent Where small business tenants have incurred substantial income loss and/or substantial out-of-pocket medical expenses as a result of the COVID-19 pandemic. As of September 1, 2020, this moratorium protects small businesses. Many residential tenants now qualify for eviction protection under state and federal law. Under the County Ordinance, a landlord is required t0 add t0 any notice to terminate a tenancy (such as a 3-day notice t0 pay or quit, or a 30- 0r 60-day notice) the following: 1. The reason for the termination of the tenancy 0r eviction; 2. A notice 0f the tenants’ rights under the Ordinance; and 3. A notice of emergency rental assistance programs. The above information must be supplied 0n this form. Reason for Termination 0f Tenancv 0r Eviction Please state the reason(s) for termination of tenancy or eviction (t0 befilled out by Landlord/properly owner): Page 1 0f 3 330.2021 Version SUPERCUTS 000071 REQUIRED STATEMENT OF REASON FOR TERMINATION OF TENANCY 0R EVICTION AND NOTICE OF SMALL BUSINESS TENANTS’ RIGHTS (Per County 0f Santa Clara Ordinance N0. NS-9.287, as amended by Ordinance Nos. NS-9.288, NS-9.289, NS-9.292, NS-9.293 and NS-9.299) Notice 0f Tenants’ Rights On March 24, 2020, the County enacted Ordinance No. NS-9.287, which temporarily bans evictions for non-payment of rent if you, a small business tenant, demonstrate that you have suffered a substantial loss 0f income or substantial out-of-pocket medical expense due to the COVID-19 pandemic. As of September 1, 2020, this eviction moratorium applies to small business tenants and has been extended until June 30, 2021. If you qualify for protection under the Ordinance, your landlord cannot evict you for non- payment of rent if: 1. You are unable to pay your rent because of substantial loss of income resulting from the COVID-19 pandemic; or 2. You are unable to pay your rent because 0f substantial out-of-pocket medical expenses for yourself or an immediate family member resulting from the COVID- 19 pandemic. If you qualify for protection under the Ordinance, you have rights that relate t0 your repayment of past-due rent. These are: 1. You have up t0 6 months from the date the Ordinance expires or is terminated to repay at least 50% 0f your past-due rent; 2. You have up t0 12 months from the date the Ordinance expires or is terminated to repay all of your past-due rent; and 3. A landlord cannot charge a late fee and/or penalties for rent that was deferred as a result of the Ordinance s0 long as you repay your rent according to this timeline. You should notify your landlord in writing that you are unable to pay your rent due to COVID- 19 as soon as possible. The County has a form you may use to notify your Landlord, which you can find on the County website at: bit.ly/scctenant. You can show your inability to pay through documentation such as closure of business or reduced business income, bank statements or other financial documents. (The Ordinance lists other examples.) If you are served with a notice of eviction during the moratorium, you have the right to: 1. Receive this Notice as well as all other legally required notices; 2. Receive the reason for the termination of tenancy 0r eviction in writing; and Page 2 of 3 3.30.2021 Version SUPERCUTS 000072 REQUIRED STATEMENT OF REASON FOR TERMINATION OF TENANCY 0R EVICTION AND NOTICE OF SMALL BUSINESS TENANTS’ RIGHTS (Per County 0f Santa Clara Ordinance N0. NS-9.287, as amended by Ordinance Nos. NS-9.288, NS-9.289, NS-9.292, NS-9.292 and NS-9.299) 3. Receive information on emergency rental assistance programs. For more information, please refer to the Frequently Asked Questions on the County website at: bitJX/sccemfags. You should also seek legal help t0 understand your rights and responsibilities under the Ordinance. A list of emergency rental assistance programs is available on the County website at: bit.ly/sccemres0urces. Page 3 of 3 3 30.2021 Version SUPERCUTS 000073 EXHIBIT B a Corrected Transcript 29-Oct-2020 Weingarten Realty Investors (wm) Q3 2020 Earnings Call FACI'SEI': callstreet Total Pages: 20 1-877-FACTSET www.callstreet.com Copyright © 2001-2020 FactSet CallStreet, LLC SUPERCUTS 000102 Weingarten Realty Investors (WRI) Q3 2020 Earnings Call a Corrected Transcript 29-Oct-2020 CORPORATE PARTICIPANTS Michelle Wiggs Vice Preside”t-lnvestarRe/ations, Weinga/ten RealtyInvestois Andrew M. Alexander Chairman, President& Chievaecut/ve Ofiicer, Weingarten Rea/gl Investors OTHER PARTICIPANTS Katy McConnell Analyst, Citigroup GlobalMarkets, Inc. (Broker) Craig Schmidt Analyst, 30154 Securities Inc. Greg McGinniss Aflaolst, Scatiaban/r Vince leone Analyst, Green Street Michael W. Mueller Analyst, JPMorgan Secun'ties [LC Stephen C. Richter Chieffinancia/ OflIcer& Executive Vice Pmsident, Weinga/ten Realty Investors Johnny L. Hendrix ChiefOperat/ngOfiicer& Evecutive Vice President, Weingarten Realty Investols Ki Bin Kim Analyst, Truistfinancial Linda Tsai Analyst, Jeffer/es [LC Floris van Dijkum Analyst, Compass PointResearch & deinguc Tama ra Fique Anao/st, Wells Fargo Securities [LC FACl'SEI': callstreet 1-877-FACTSET www.callstreet.com 2 Copyright © 2001-2020 FactSet CallStreet, LLC SUPERCUTS 000103 Weingarten Realty Investors (WRI) fl Corrected Transcript Q3 2020 Earnings Call 29-Oct-2020 Stephen C. Richter AChieffinancia/ 0fi’icer& Evecutive Vice President, Weingarten Rea/zylnvestars Yeah. The one follow-up | would make is when we rolled into the special dividend from 2019 that we had to roll into 2020, that that even further compounded the complexity of the calculation. So it's, again, not a very easy, straightforward calculation. Then, the other point I guess I should make is that there are tremendous differences between GAAP income and taxable income that we also have to work through. So, it is involved. Greg McGinniss Analyst, Scoflabank Okay. All right, Steve. We'll have to spend some time offline on that one. And then, just one more follow-up here. So the 6% of rent that was not collected this quarter and not deferred, what's your level of confidence that those rents may come back one day? | realize they're on a cash basis and you're not going to be accounting them until you actually collect it. But we're just trying to get a sense for kind of permanent rent impairment going forward here? Stephen C. Richter AChieffinancia/ Officer& Evecutive Vice Plesident, Weinga/Ten Realg/Investors Yeah. Difficult to say. A lot depends on what happens with the Iockdowns and the sales of our tenants going forward. Obviously some of the deferrals are going to convert to abatements. We're watching the tenant sales the best that we can and the strength. At some point we're going to probably make a decision that in order for a tenant to get to the other side that we‘re going to go ahead and abate that rent. It's just difficult to say right now, Greg. Greg McGinniss QAnalyst: Scatiabafl/r Okay. That's fair. And, Johnny, just to follow up on your comment on the 2% change in denominator in your opening remarks, does that mean that Q2 collections have been restated based on that change or no? Stephen C. Richter AChieffinanc/a/ Officer& Executive Vice Pnesident, Weingaiten RealtyInvestors No. Johnny L. Hendrix AChiefOperat/ngDficer& Erecutive Vice President; Weingaiten Rea/alInvestors No. Stephen C. Richter AChieffinancia/ Officer& Erecut/‘ve Vice Plesident, Weingarten Rea/b/Investors Thanks for clearing that up. Greg McGinniss QAnalyst, Scotiabank Okay. Thank you. Operator: From Green Street we have Vince Tibone. Please go ahead. FACI'SEI': callstreet 1O 1-877-FACTSET www.callstreet.com Copyright © 2001-2020 FactSet CallStreet, LLC SUPERCUTS 0001 1 1 EXHIBIT C a Corrected Transcript 23-Feb-2021 Weingarten Realty Investors (WRI) Q4 2020 Earnings Call FACI'SEI': callstreet Total Pages: 19 1-877-FACTSET www.callstreet.com Copyright © 2001-2021 FactSet CallStreet, LLC Weingarten Realty Investors (WRI) Q4 2020 Earnings Call a Corrected Transcript 23-Feb-2021 CORPORATE PARTICIPANTS Michelle Wiggs Vice President-lnvestorRelations, Weingarten ReallyInvesta/s Andrew M. Alexander Chairman, President& ChiefEYecutil/e Officer, Weinga/ten Rea/bl Investors OTHER PARTICIPANTS Katy McConnell Analyst, C/t/group GlobalMarkets, Inc. Greg McGinniss Analyst, Scotiabanlr Craig Schmidt Anaalst, Bank afAmefl'ca MerIi/llynch Ki Bin Kim Analyst, Truist Securities, Inc. Stephen C. Richter Chieffinancia/ 0ff/cer& Erecutiye Vice President, Weingarten Realty Investors Johnny L. Hendrix ChiefOperati/Ig 0fi‘icer& Erecut/ye Vice Piesidem‘, Weingarten Really Investols M ichael W. M ueller Analyst, JPMorgan SecLI/it/es LLC Floris van Dijkum Analyst, Compass PointReseam/I & Tladiflg, [LC Linda Tsai Analyst, Jeffe/fes LL 6' Chris Lucas Anaalst, CapitalOne Secufities Inc. MANAGEMENT DISCUSSION SECTION Operator: Welcome to the Weingarten Realty, Inc. Fourth Quarter 2020 Earnings Call. My name is Brandon and |'|| be your operator for today. At this time, all participants are in a listen-only mode. Later, we will conduct a question-and-answer session. [Operator Instructions] Please note this conference is being recorded. And | will now turn it over to Michelle Wiggs. Michelle, you may begin. Michelle Wiggs Vice President-lnvestorRelations, Weingarten ReallyInvestws Good morning and welcome t0 our fourth quarter 2020 conference call. Joining me today is Drew Alexander, Johnny Hendrix, Steve Richter, and Joe Shafer. As a reminder, certain statements made during the course of this call are forward-Iooking statements within the meaning of the Private Securities Litigation Reform Act. These statements are based on management's current expectations and are subject to uncertainty and changes in circumstances. Actual results could differ materially from those projected in such forward-looking statements due to a variety of factors. More information about these factors is contained in the company's SEC filing. Also during this conference call, management may make reference to certain non-GAAP financial measures such as funds from operations or FFO, that's Core NAREIT which we believe help analysts and investors to better understand Weingarten's operating results. Reconciliation of these non-GAAP financial measures is available in our supplemental information package located under the Investor Relations tab of our website. FACI'SEI': callstreet 1-877-FACTSET www.callstreet.com 2 Copyright © 2001-2021 FactSet CallStreet, LLC Weingarten Realty Investors (WRI) fl Corrected Transcript Q4 2020 Earnings Call 23-Feb-2021 Johnny L. Hendrix AChiefaperating 0fi‘l‘cer& Executive Vice President, Weinga/ten RealtyInvestars Hey, Craig. | wi|| say that given governmental policy, it seems to take about a year for somebody to get open. So, anybody who signs a lease now is not going to be open for probably a year. And in some municipalities, that could be even longer. | think people are anxious to get back open. They see an opportunity that could be once in a lifetime to get space in shopping centers like River Oaks and other great properties, where they haven't been able to be over the last five or six years. So, | think people want to take advantage of that. And | think that's really a lot of what is driving leases. We are not seeing any delays in new leases. Now, we are seeing some leases where we're doing some amendments or some more deferrals, gyms, theaters where there is some amount of a delay in that taking place. But those are really the two specific areas where we're seeing any kind of delayed transactions. We did a lease in Texas on a new gym, and there is a contingency relative to when they come out, what their occupancy could be. Craig Schmidt QAnalyst, Bank ofAmer/ca Mem'l/ lynch Thank you. Johnny L. Hendrix ChiefOperat/ng0fficer& Erecut/ve Vice President, Weingarten Rea/o/lnvestars Thanks, Craig. Andrew M. Alexander Chairman, President& ChiefErecut/Ve Ofi‘icer, Weingarten Rea/aiInvestors Thank you. Ki Bin Kim QAnalyst, Truist Securities, Inc. Thanks. So, you guys talked about the leasing pipeline growing. You have about $15 million of signed deals this quarter. another $10 million that you've talked about signing in - thus far in 2021 and another $7 million under LOI or negotiation. I'm just curious, how much of this is just replacing tenants that are paying today that may fall out or expiring leases? And ultimately, I'm just trying to get to an answer of like how much of this will be additive to your bottom line versus replacing other tenants. Johnny L. Hendrix AChiefOperating Ofi‘icer& Evecut/ve Vice President, Weingarten Realty Investors Ki Bin, I would say - this is Johnny. Good morning. | would say that the vast majority of the spaces that we are leasing are currently vacant. Now, when did they go vacant? Probably, they went vacant over the last 12 months. So, there's not very many tenants that I'm replacing while they're still in place. Again, I think I referred to this idea that we're trying t0 work with as many tenants as we can to get them to the other side of the pandemic, and the economics for us are significantly better, if we can renew a tenant even if it's for a little less rent, even if we had to abate a little bit of rent. So, we're trying to do that where we can. Most of the leasing we're doing right now is replacement of the bills, of the Stein Mart, the replacement shop tenants who've left during the pandemic. FACI'SEI': callstreet 1O 1-877-FACTSET www.callstreet.com Copyright © 2001-2021 FactSet CallStreet, LLC
