* |
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) |
All securities disclosed in this Form 3 are owned by certain funds (the "Funds") to which Quadrangle Debt Recovery Advisors
LLC acts as investment advisor. By reason of the provisions of Rule 16a-1 under the Securities Exchange Act of 1934, as
amended, Quadrangle Debt Recovery Advisors LLC may be deemed to be the beneficial owner of the securities beneficially owned
by the Funds. Quadrangle Debt Recovery Advisors LLC disclaims beneficial ownership of all such securities, except to the
extent of any indirect pecuniary interest therein. |
(2) |
As a result of the reorganization of the Issuer under chapter 11 of the federal bankruptcy code, which reorganization was
effective as of October 17, 2006 (the "Effective Date"), the common stock, par value $0.001 per share (the "Old Common
Stock"), of the Issuer and the 6.50% Senior Secured Convertible Notes Due 2009 (the "Convertible Notes") were cancelled and
ceased to be outstanding, and Quadrangle Debt Recovery Advisors LLC therefore ceased to beneficially own Old Common Stock as
of the Effective Date. Prior to the Effective Date, Quadrangle Debt Recovery Advisors LLC had become the indirect
beneficial owner of greater than 10% of the total outstanding shares of Old Common Stock. |
(3) |
The Convertible Notes were convertible into shares of Old Common Stock of the Company at any time at the option of the
holder, at a conversion price equal to $1.25 per share, subject to adjustment in certain events. As indicated above, the
Old Common Stock and the Convertible Notes were cancelled and ceased to exist on the Effective Date. |