* |
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 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"). |
(2) |
The Reporting Person directly owns 0 shares of the Common Stock. TCM and TOA directly own 0 shares of Common Stock. TCP
directly owns 619,400 shares of Common Stock and 2,000,000 shares of restricted stock (the "Restricted Stock"), par value
$0.001 per share. The Restricted Stock are registered under Section 12 of the Securities Exchange Act of 1934. TCO directly
owns 74,300 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, TCM, TCP, TOA and TCO. |