* |
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) |
This Form 3 is being filed as a result of the acquisition of shares by the reporting persons pursuant to a tender offer
made by the issuer to the holders of its 8% senior subordinated convertible PIK notes due 2006 and to the holders of its 8%
junior subordinated PIK notes due 2007. The tender offer closed on October 12, 2005. |
(2) |
The shares of Common Stock to which this note relates are held directly by Owl Creek I, L.P., a Delaware limited
partnership ("Owl Creek I"), as to 2,645,734 shares; Owl Creek II, L.P., a Delaware limited partnership ("Owl Creek II"), as
to 20,793,709 shares; Owl Creek Overseas Fund, Ltd., a Cayman Islands exempted company ("Owl Creek Overseas I"), as to
30,521,685,shares; and Owl Creek Overseas Fund II, Ltd., a Cayman Islands exempted company ("Owl Creek Overseas II"), as to
5,597,233 shares. |
(3) |
The shares of Common Stock to which this note relates are held directly by Owl Creek I, L.P., a Delaware limited
partnership ("Owl Creek I"), as to 2,645,734 shares; Owl Creek II, L.P., a Delaware limited partnership ("Owl Creek II"), as
to 20,793,709 shares; Owl Creek Overseas Fund, Ltd., a Cayman Islands exempted company ("Owl Creek Overseas I"), as to
30,521,685,shares; and Owl Creek Overseas Fund II, Ltd., a Cayman Islands exempted company ("Owl Creek Overseas II"), as to
5,597,233 shares. |