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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 />

natural persons that exercise voting power and investment control over the shares owned by the selling<br />

stockholder.<br />

(13) Aristeia Advisers LLC is the general partner of the selling stockholder. Aristeia Advisers LLC is<br />

jointly owned by Kevin Toner, Robert H. Lynch Jr., Anthony Frascella, and William R. Techar, who<br />

are the natural persons that exercise voting power and investment control over the shares owned by the<br />

selling stockholder.<br />

(14)<br />

Brandes Investment <strong>Part</strong>ners, L.P. serves as investment adviser with power to direct investments and/or<br />

sole power to vote the shares owned by the selling stockholders named in the table, as well as shares<br />

owned by certain other individual and institutional investors. For purposes of reporting requirements of<br />

the Securities Exchange Act of 1934, Brandes Investment <strong>Part</strong>ners, L.P. may be deemed to be the<br />

beneficial owner of all of the shares listed above; however, Brandes Investment <strong>Part</strong>ners, L.P.<br />

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

(15)<br />

Canyon Capital Advisors LLC serves as investment adviser with power to direct investments and/or<br />

sole power to vote the shares owned by the selling stockholders named in the table, as well as shares<br />

owned by certain other individual and institutional investors. For purposes of reporting requirements of<br />

the Securities Exchange Act of 1934, as amended, (the “Exchange Act”), Canyon Capital Advisors<br />

LLC may be deemed to be the beneficial owner of all of the shares listed above; however, Canyon<br />

Capital Advisors LLC expressly disclaims that it is, in fact, the beneficial owner of such securities.<br />

(16) D. E. Shaw & Co. L.P., as investment adviser, has voting and investment control over the securities<br />

owned by the selling stockholder named in the table. Julius Gaudio, Eric Wepsic, Maximilian Stone,<br />

Anne Dinning, and Lou Salkind, or their designees, exercise voting and investment control over the<br />

securities on D. E. Shaw & Co. L.P.’s behalf.<br />

(17)<br />

Trafelet & Company Advisors, LLC is the general partner to this selling stockholder. By reason of such<br />

relationship, Trafelet & Company Advisors, LLC may be deemed to exercise dispositive power or<br />

investment control over the securities stated as beneficially owned by the selling stockholder. Remy W.<br />

Trafelet is the managing member of Trafelet & Company Advisors, LLC. By reason of such<br />

relationship, Mr. Trafelet may be deemed to share dispositive power or investment control over the<br />

securities stated as beneficially owned by this selling stockholder.<br />

(18)<br />

Trafelet Capital Management, LP is the investment manager of this selling stockholder and<br />

consequently has investment discretion over securities held by this selling stockholder. Remy W.<br />

Trafelet is the managing member of Trafelet Capital Management, LP and therefore has ultimate<br />

investment discretion over securities held by this selling stockholder. Trafelet Capital Management, LP<br />

and Mr. Trafelet each disclaim beneficial ownership in the securities except to the extent of their<br />

pecuniary interest therein.<br />

(19) Paul E. Singer, Elliott Capital Advisors, L.P., a Delaware limited partnership which is controlled by<br />

Mr. Singer, and Elliott Special GP, LLC, a Delaware limited liability company which is controlled by<br />

Mr. Singer, are the general partners of Elliott Associates, L.P.<br />

(20)<br />

Hambledon, Inc., a Cayman Islands corporation controlled by Paul E. Singer, is the sole general partner<br />

of Elliott International, L.P. In addition, Elliott International Capital Advisors Inc., the investment<br />

manager of Elliott International, L.P. which is controlled by Mr. Singer, has shared power with Elliott<br />

International, L.P. to vote and dispose of the shares owned by Elliott International, L.P.<br />

(21)<br />

As the general partner of the partnership (each such partnership being a “Farallon <strong>Part</strong>nership”),<br />

Farallon <strong>Part</strong>ners, L.L.C. (“FPLLC”), may, for purposes of Rule 13d-3 under the Exchange Act, be<br />

deemed to beneficially own the shares beneficially owned by such Farallon <strong>Part</strong>nership. As managing<br />

members of FPLLC, each of William F. Duhamel, Richard B. Fried, Monica R. Landry, Douglas M.<br />

MacMahon, William F. Mellin, Stephen L. Millham, Jason E. Moment, Ashish H. Pant, Rajiv A. Patel,<br />

Derek C. Schrier, Andrew J.M. Spokes and Mark C. Wehrly and, as Senior Managing Member of<br />

FPLLC, Thomas F. Steyer (together, the “Farallon Managing Members”) may, for purposes of<br />

Rule 13d-3 under the Exchange Act, be deemed to beneficially own the shares beneficially owned by<br />

such Farallon <strong>Part</strong>nership.<br />

S-43

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