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SEC Follow Up Exhibits Part C SEC_OEA_FCIC_001760-2501

SEC Follow Up Exhibits Part C SEC_OEA_FCIC_001760-2501

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Table of Contents<br />

Because the selling stockholders may offer all or some portion of the above referenced securities<br />

pursuant to this prospectus supplement or otherwise, no estimate can be given as to the amount or<br />

percentage of such securities that will be held by the selling stockholders upon termination of any such<br />

sale. In addition, the selling stockholders identified above may have sold, transferred or otherwise<br />

disposed of all or a portion of such securities since April 28, 2008 in transactions exempt from the<br />

registration requirements of the Securities Act of 1933. The selling stockholders may sell all, part or<br />

none of the securities listed above.<br />

(26) Daniel S. Och as CEO of Oz Management, LP, the investment manager to the selling stockholder, may<br />

be deemed to have voting/investment control of the registerable securities held by the selling<br />

stockholder. His address is 9 West 57th Street, 39th floor, New York, NY 10019.<br />

(27) Mason Capital Management, LLC is the investment manager and has shared investment and voting<br />

power with respect to these shares and, consequently, may be deemed to be a beneficial owner of such<br />

shares.<br />

(28)<br />

Maverick Capital, Ltd. is an investment adviser registered under Section 203 of the Investment<br />

Advisers Act of 1940 and, as such, may be deemed to have beneficial ownership of the shares held by<br />

Maverick Fund, L.D.C., Maverick Fund USA, Ltd., Maverick Fund II, Ltd., Maverick Neutral Fund,<br />

Ltd., Maverick Neutral Levered Fund, Ltd., Maverick Long Fund, Ltd., Maverick Long Enhanced<br />

Fund, Ltd. and UVIMCO II, LLC through the investment discretion it exercises over these accounts.<br />

Maverick Capital Management, LLC is the general partner of Maverick Capital, Ltd. Lee S. Ainslie III<br />

is the manager of Maverick Capital Management, LLC who possesses sole investment discretion<br />

pursuant to Maverick Capital Management, LLC’s regulations. The address for the entities affiliated<br />

with Maverick Capital, Ltd. is 300 Crescent Court, 18th Floor, Dallas, TX 75201.<br />

(29)<br />

Meditor Group Limited serves as investment manager with power to direct investments and shared<br />

power to vote the shares owned by the selling stockholders to which this footnote applies. For purposes<br />

of reporting requirements of the Exchange Act, Meditor Group Limited may be deemed to be the<br />

beneficial owner of all of the shares listed above; however, Meditor Group Limited expressly disclaims<br />

that it is, in fact, the beneficial owner of such securities.<br />

(30)<br />

Norges Bank owns a total of 5,325,948 shares of common stock, of which 196,191 shares are in<br />

Norges Bank’s Foreign Exchange Reserves and 5,129,787 shares are in the Government Pension<br />

Fund — Global (including the 3,160,000 shares of common stock being registered hereby).<br />

Norges Bank also confirms that it owns 1,342 shares of Series G Preferred Stock in the Government<br />

Pension Fund — Global.<br />

Norges Bank serves as the operational manager with power to direct investments and sole power to<br />

vote the shares held for the benefit of the State of Norway’s Government Pension Fund — Global. For<br />

purposes of reporting requirements of the Exchange Act, Norges Bank may be deemed to be the<br />

beneficial owner of all of the shares listed above; however, Norges Bank expressly disclaims that it is,<br />

in fact, the beneficial owner of securities held for the State of Norway Government Pension Fund —<br />

Global.<br />

(31) Old Lane, LP, the investment manager to the selling stockholder, may be deemed to have<br />

voting/investment control of the registerable securities held by the selling stockholder.<br />

(32)<br />

(33)<br />

Certain management and administrative duties of this investment fund have been delegated by the<br />

general partner or investment adviser of such investment fund, as applicable, to JGD Management<br />

Corp., a Delaware corporation (“JGD”). Accordingly, JGD may be deemed to have beneficial<br />

ownership over the shares reported as held by such investment fund. The sole shareholder of JGD is<br />

James G. Dinan.<br />

Pursuant to investment management agreements, each of S.A.C. Capital Advisors, LLC, a Delaware<br />

limited liability company (“SAC Capital Advisors”) and S.A.C. Capital Management, LLC, a<br />

Delaware limited liability company (“SAC Capital Management”), share all investment and voting<br />

power with respect to the securities held by S.A.C. Arbitrage Fund, LLC and S.A.C. Capital<br />

Associates, LLC. Mr. Steven A. Cohen controls both SAC Capital Advisors and SAC Capital<br />

Management and as such may be deemed to beneficially own the securities held by S.A.C. Arbitrage<br />

Fund, LLC and S.A.C. Capital Associates, LLC.<br />

S-45

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