* |
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 ("TO") 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 5,624,200 shares of Common Stock. TO directly owns 2,778,885 shares of Common Stock. The separately managed
accounts directly own 140,650 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, TO and the separately managed accounts. |