* |
If the form is filed by more than one reporting person, see Instruction 5(b)(v). |
** |
Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). |
(1) |
At the time of the acquisition, the shares of Common Stock reported herein represented less than 10% of the Issuers shares of
Common Stock then outstanding pursuant to the Issuer's prospectus filed on November 16, 2007. The total outstanding shares
of Common Stock subsequently reported on the Issuer's Form 10-K on December 12, 2007 was decreased, and the shares of Common
Stock previously acquired then represented more than 10% of the outstanding shares of Common Stock. |
(2) |
The Reporting Person is the managing member of Tontine Capital Management, L.L.C.("TCM"), a Delaware limited liability
company, the general partner of Tontine Capital Partners, L.P. ("TCP"), a Delaware limited partnership. The Reporting
Person is also the managing member of Tontine Overseas Associates, L.L.C., a Delaware limited liability company ("TOA"), the
investment adviser to Tontine Capital Overseas Master Fund, L.P., a Cayman Islands exempted limited partnership ("TCO"). |
(3) |
The Reporting Person directly owns 0 shares of the Common Stock. TCM and TOA directly own 0 shares of Common Stock. TCP
directly owns 727,414 shares of Common Stock. TCO directly owns 180,600 shares of Common Stock. All of the foregoing
shares of Common Stock may be deemed to be beneficially owned by the Reporting Person. The Reporting Person disclaims
beneficial ownership of the Issuer's securities reported herein for purposes of Section 16(a) under the Securities Exchange
Act of 1934, as amended, or otherwise, except as to securities directly owned by the Reporting Person or representing the
Reporting Person's pro rata interest in, and interest in the profits of, TCM, TCP, TOA, TCO and the separately managed
accounts. |