* |
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) |
All securities disclosed in this Form 3 are owned by certain funds (the "Funds") to which Quadrangle Debt Recovery Advisors
LLC acts as investment advisor. Christopher Santana ("Mr. Santana") is a managing member of Quadrangle Debt Recovery
Advisors LLC. By reason of the provisions of Rule 16a-1 under the Securities Exchange Act of 1934, as amended, Quadrangle
Debt Recovery Advisors LLC and Mr. Santana may be deemed to be the beneficial owners of the securities beneficially owned by
the Funds. Quadrangle Debt Recovery Advisors LLC and Mr. Santana each disclaim beneficial ownership of all such securities,
except to the extent of any indirect pecuniary interest therein. |
(2) |
As a result of the reorganization of the Issuer under chapter 11 of the federal bankruptcy code, which reorganization was
effective as of October 17, 2006 (the "Effective Date"), the common stock, par value $0.001 per share (the "Old Common
Stock"), of the Issuer and the 6.50% Senior Secured Convertible Notes Due 2009 (the "Convertible Notes") were cancelled and
ceased to be outstanding, and Mr. Santana therefore ceased to beneficially own Old Common Stock as of the Effective Date.
Prior to the Effective Date, Mr. Santana had become the indirect beneficial owner of greater than 10% of the total
outstanding shares of Old Common Stock. |
(3) |
The Convertible Notes were convertible into shares of Old Common Stock of the Company at any time at the option of the
holder, at a conversion price equal to $1.25 per share, subject to adjustment in certain events. As indicated above, the
Old Common Stock and the Convertible Notes were cancelled and ceased to exist on the Effective Date. |