`
`EXHIBIT 67
`
`TO DECLARATION OF WENDY L. DEVINE
`IN SUPPORT OF NUVASIVE, INC.’S
`OPPOSITION TO DEFENDANTS’ MOTION
`FOR SUMMARY JUDGMENT OR, IN THE
`ALTERNATIVE, SUMMARY
`ADJUDICATION
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 261-15 Filed 02/07/20 PageID.25154 Page 2 of 3
`
`1.
`Thank you for you time to discuss what we have entitled Project Safari
`
`2
`First let me say we are thrilled to meet w/you as we are excited about this potential business combination.
`
`Based on our previous experience, we believe this could be an accelerant to separate ATEC from the heard of widget makers in
`spine and move to become a procedural solutions provider.
`
`We will provide details to a deal, involving $15m purchase with another $15 in incentives
`
`This provides safeop shareholders a return of capital plus combining withe company best suited to exploiting the technology
`and delivering a return w/o further injecting significant additional capital.
`
`We would like to move quickly, w/goal of a definitive agreement w/in 60 days.
`
`3
`Had the opportunity to take Chris on our nickel tour and spend time w/him. Wish he could be on every commute to LA, as we
`made record time. And the opportunity for dinner w/mr Tullis. Some background for the rest of you.
`
`We are Re-building a historically troubled company in a large and growing market.
`
`ATEC is well established, #8 publicly traded spine hardware company, NOW executing on a Vision to be the most respected
`fastest growing US spine co.
`
`We believe there is a huge opportunity for value creation, as we are traded at a fraction of our peers.
`
`New leadership team and BOD, that have worked together in spine before, focusing on driving innovation.
`
`Our turnaround is in progress. We have improved the financial performance, are transitions the our distribution channel and
`have completely changed the organization & culture
`
`4
`As you look at the organization changes, this was the bod & exec team in 2016. As you can see, only 3 remain today.
`
`HIGHLY CONFIDENTIAL- ATTORNEYS' EYES ONLY
`
`A TEC _LLI F000943157
`
`EXHIBIT 67
`PAGE 166
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 261-15 Filed 02/07/20 PageID.25155 Page 3 of 3
`
`5
`Here is the ne leadership and BOD. As you can also see, most of have worked together prior, in spine. Companies like
`Medtronic sofamor danek, Depuy Spine and of course Nuvasive.
`
`So it's clear to say that ATEC is Under new leadership, and we believe and have proven, SPINE EXPERIENCE COUNTS!
`
`As THE industry executive MOST responsible for commercializing lateral surgery, building the $500+M market, I'd like to turn it
`over to Pat.
`
`HIGHLY CONFIDENTIAL- ATTORNEYS' EYES ONLY
`
`A TEC _LLI F000943158
`
`EXHIBIT 67
`PAGE 167
`
`
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