* |
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) |
Reflects the securities of the issuer owned directly by DellaCamera Capital Master Fund, Ltd. (the "Master Fund"). |
(2) |
DellaCamera Capital Management, LLC ("DCM") acts as the investment manager of the Master Fund. DellaCamera Capital Fund, Ltd.
(the "Offshore Fund") is the controlling shareholder of the Master Fund. Ralph DellaCamera, Jr., Andrew Kurtz and Vincent
Spinnato are the controlling persons of DCM (collectively, Messrs. DellaCamera, Kurtz and Spinnato shall be referred to as
the "Controlling Persons"). |
(3) |
DCM, the Offshore Fund and each Controlling Person may each be deemed to indirectly beneficially own the securities reported
herein held by the Master Fund. For purposes of this Form 3, DCM, the Offshore Fund and each Controlling Person each
disclaims ownership of the securities reported herein owned by the Master Fund, except to the extent of their pecuniary
interest therein. |
(4) |
The issuer's 12.50% Convertible Guaranteed Senior Notes due 2011 (the "Notes") are immediately convertible into shares of
common stock. These Notes mature on January 15, 2011, unless earlier converted or repurchased. |
(5) |
The initial conversion rate of the Notes is 909.0909 shares per $1,000 principal amount of Notes (equal to a conversion price
of approximately $1.10 per share). |