* |
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) |
The Reporting Person is the managing member of Tontine Management, L.L.C.("TM"), a Delaware limited liability company, the
general partner of Tontine Partners, L.P. ("TP"), 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 Overseas Fund Ltd., a Cayman Islands Corporation ("TOF") and certain separately managed accounts. |
(2) |
The Reporting Person directly owns 0 shares of the Common Stock. TM and TOA directly own 0 shares of Common Stock. TP
directly owns 10,599,951 shares of Common Stock. TOF directly owns 5,955,930 shares of Common Stock. The separately
managed accounts directly own 405,895 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, TM, TP, TOA, TOF and the separately managed accounts. |