Page 23 of 27 SEC Filing
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(xiii) Institutional Advisors III may be deemed to have (x) the sole power to direct the disposition of
1,040,368 shares of Common Stock which may be deemed to be beneficially owned by Institutional Advisors III as described above, and (y) the sole power to direct the voting of 1,040,368 shares of Common Stock which may be deemed to be
beneficially owned by Institutional Advisors III as described above.
(xiv) MHRC may be deemed to have (x) the sole power to direct the disposition
of 1,285,467 shares of Common Stock which may be deemed to be beneficially owned by MHRC as described above, and (y) the sole power to direct the voting of 1,285,467 shares of Common Stock which may be deemed to be beneficially owned by MHRC as
described above.
(xv) MHRC I may be deemed to have (x) the sole power to direct the disposition of 2,634,891 shares of Common Stock which may be
deemed to be beneficially owned by MHRC I as described above, and (y) the sole power to direct the voting of 2,634,891 shares of Common Stock which may be deemed to be beneficially owned by MHRC I as described above.
(xvi) MHRC II may be deemed to have (x) the sole power to direct the disposition of 3,378,693 shares of Common Stock which may be deemed to be
beneficially owned by MHRC II as described above, and (y) the sole power to direct the voting of 3,378,693 shares of Common Stock which may be deemed to be beneficially owned by MHRC II as described above.
(xvii) Fund Management may be deemed to have (x) the sole power to direct the disposition of the 8,339,419 shares of Common Stock which may be deemed to
be beneficially owned by Fund Management as described above, and (y) the sole power to direct the voting of 8,339,419 shares of Common Stock which may be deemed to be beneficially owned by Fund Management as described above.
(xviii) MHR Holdings may be deemed to have (x) the sole power to direct the disposition of the 8,339,419 shares of Common Stock which may be deemed to be
beneficially owned by MHR Holdings as described above, and (y) the sole power to direct the voting of 8,339,419 shares of Common Stock which may be deemed to be beneficially owned by MHR Holdings as described above.
(xix) Dr. Rachesky may be deemed to have (x) the sole power to direct the disposition of the 8,354,419 shares of Common Stock which may be deemed to
be beneficially owned by Dr. Rachesky as described above, and (y) the sole power to direct the voting of 8,354,419 shares of Common Stock which may be deemed to be beneficially owned by Dr. Rachesky as described above.
(c) See Annex A to this Statement.
(d) (i) The partners
of Master Account II, including Advisors, have the right to participate in the receipt of dividends from, or proceeds from the sale of, the securities held for the account of Master Account II Holdings in accordance with their partnership interests
in Master Account II.
(ii) The partners of Capital Partners (100), including Advisors, have the right to participate in the receipt of dividends from, or
proceeds from the sale of, the securities held for the account of Capital Partners (100) in accordance with their partnership interests in Capital Partners (100).
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Table of Contents
| Page 23 of 27 Pages |
(xiii) Institutional Advisors III may be deemed to have (x) the sole power to direct the disposition of
1,040,368 shares of Common Stock which may be deemed to be beneficially owned by Institutional Advisors III as described above, and (y) the sole power to direct the voting of 1,040,368 shares of Common Stock which may be deemed to be
beneficially owned by Institutional Advisors III as described above.
(xiv) MHRC may be deemed to have (x) the sole power to direct the disposition
of 1,285,467 shares of Common Stock which may be deemed to be beneficially owned by MHRC as described above, and (y) the sole power to direct the voting of 1,285,467 shares of Common Stock which may be deemed to be beneficially owned by MHRC as
described above.
(xv) MHRC I may be deemed to have (x) the sole power to direct the disposition of 2,634,891 shares of Common Stock which may be
deemed to be beneficially owned by MHRC I as described above, and (y) the sole power to direct the voting of 2,634,891 shares of Common Stock which may be deemed to be beneficially owned by MHRC I as described above.
(xvi) MHRC II may be deemed to have (x) the sole power to direct the disposition of 3,378,693 shares of Common Stock which may be deemed to be
beneficially owned by MHRC II as described above, and (y) the sole power to direct the voting of 3,378,693 shares of Common Stock which may be deemed to be beneficially owned by MHRC II as described above.
(xvii) Fund Management may be deemed to have (x) the sole power to direct the disposition of the 8,339,419 shares of Common Stock which may be deemed to
be beneficially owned by Fund Management as described above, and (y) the sole power to direct the voting of 8,339,419 shares of Common Stock which may be deemed to be beneficially owned by Fund Management as described above.
(xviii) MHR Holdings may be deemed to have (x) the sole power to direct the disposition of the 8,339,419 shares of Common Stock which may be deemed to be
beneficially owned by MHR Holdings as described above, and (y) the sole power to direct the voting of 8,339,419 shares of Common Stock which may be deemed to be beneficially owned by MHR Holdings as described above.
(xix) Dr. Rachesky may be deemed to have (x) the sole power to direct the disposition of the 8,354,419 shares of Common Stock which may be deemed to
be beneficially owned by Dr. Rachesky as described above, and (y) the sole power to direct the voting of 8,354,419 shares of Common Stock which may be deemed to be beneficially owned by Dr. Rachesky as described above.
(c) See Annex A to this Statement.
(d) (i) The partners
of Master Account II, including Advisors, have the right to participate in the receipt of dividends from, or proceeds from the sale of, the securities held for the account of Master Account II Holdings in accordance with their partnership interests
in Master Account II.
(ii) The partners of Capital Partners (100), including Advisors, have the right to participate in the receipt of dividends from, or
proceeds from the sale of, the securities held for the account of Capital Partners (100) in accordance with their partnership interests in Capital Partners (100).
