Litigation Finance & Management Agreement, dated as of May 21, 2018 and effective as of May 1, 2018, by and between Imation Europe B.V. and Mach 5 B.V

Exhibit 10.1

Execution Copy

LITIGATION FINANCE & MANAGEMENT Agreement

This Litigation Finance & Management Agreement (this “Agreement”), entered into as of May 1, 2018 (the “Commencement Date”), by and among IMATION EUROPE B.V., a company organized under the laws of the Netherlands (“Imation Europe”), and MACH 5 B.V., a company organized under the laws of the Netherlands (“Mach 5”) and together with Imation Europe being the “Parties” and each a “Party”);

WITNESSETH THAT

WHEREAS, Imation Europe is currently involved in pending litigation in the Netherlands, both as a sole complainant and a co-complainant and counterparty, with Stichting de Thuiskopie (“Thuiskopie”) and the government of the Netherlands (“Dutch State”) concerning disputed levies on optical media; specifically, Imation Europe is (A) the sole Complainant in the action pending versus Thuiskopie and the Dutch State, originally identified as C/09/489719/HA ZA 15-659 of the District Court of The Hague (the “IE Dutch Case”), and (B) a co-complainant in the case brought by the association of vendors of similar products, originally identified as C/09/438914/HA ZA 13-264 (the “FIAR Case”, and together with the IE Dutch Case and all appeals, remands, and ancillary proceedings of any kind whatsoever of either thereof being collectively the “Dutch Litigation”); and

WHEREAS, Imation Europe is currently involved in pending litigation in France, both as a plaintiff and a defendant, with Copie France (“CF”) concerning disputed levies on optical media; specifically, Imation Europe is the sole Complainant in the action pending versus CF in the Tribunal de grande instance de Paris (“TGIP”), originally identified as Case N°: 13/00374 and appealing an adverse judgment by the TGIP in favor of CF of approximately 14,000,000 Euros, (the “French Litigation”); and

WHEREAS, Dexxon Data Storage and Media B.V. (“Dexxon”) is a member of the Dutch industry organization for blank optical media and flash resellers (“STOBI”) which is co-funding the FIAR Case, and, the principal shareholder of Dexxon and Mach 5 is Chairman of STOBI who is an expert in the matters at issue in both the Dutch and French Litigation; and

WHEREAS, STOBI is prosecuting its own litigation against Thuiskopie and the Dutch State on the basis of claims that are similar to the claims in the Dutch Litigation (“STOBI Case”); and

WHEREAS, Imation Europe desires for Mach 5 to assume responsibility, with the limitations set forth below, for managing the legal tactics and strategy of the attorneys for Imation Europe in both the Dutch and French Litigation and in connection therewith to have Mach 5 assume full responsibility for the costs thereof; and

WHEREAS, Mach 5 is interested in becoming a manager of the attorneys for Imation Europe in both the Dutch and French Litigation and is willing assume full responsibility for the costs thereof, in accordance with the terms hereof;

NOW, THEREFORE, in consideration of the representations, warranties, and covenants herein contained and other valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, Imation Europe and Mach 5 agree as follows:

AGREEMENT

ARTICLE I

MANAGEMENT OF DUTCH AND FRENCH LITIGATION

ARTICLE II

GENERAL PROVISIONS

Any party may change the address to which notices, requests, demands, claims, and other communications hereunder are to be delivered by giving the other party notice in the manner herein set forth.

IN WITNESS WHEREOF, the Parties have caused this agreement to be executed by officers or representatives thereunto duly authorized as of the Commencement Date.