* |
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) |
Pursuant to a Stock Purchase Agreement, dated as of January 19, 2006, among the Issuer, certain private
investment funds over whose shares Mr. Abrams may be deemed to have beneficial ownership, and other parties, on January 26,
2007 the Issuer purchased an aggregate of 2,809,646 shares of the Issuer's common stock for an aggregate of approximately
$95,167,935. This report reflects holdings prior to the consummation of such transactions. |
(2) |
The shares reported herein are held by private investment funds of which Mr. Abrams, directly or indirectly, is the managing
member of the general partner and/or is the managing member of the investment manager. In such capacities, Mr. Abrams may be
deemed to have voting and investment power with respect to all shares being reported herein. Mr. Abrams disclaims beneficial
ownership of these shares, except to the extent of his pecuniary interest therein, and the inclusion of these shares in this
report shall not be deemed an admission of beneficial ownership of the shares reported herein for purposes of Section 16 or
for any other purpose. |