* |
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 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 partnership ("TCO") and Tontine Overseas Fund, Ltd., a Cayman Islands
corporation ("TOF"). |
(2) |
The Reporting Person directly owns 0 shares of the Common Stock. TP directly owns 757,398 shares of Common Stock. TCP
directly owns 3,726,000 shares of Common Stock. TCO owns 931,500 shares of Common Stock. TOF directly owns 324,600 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, TP, TM,
TCP, TCM, TOA, TCO and TOF. |