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(a),
(b) Based upon the Issuer’s Form 10-Q for the quarter ended March 31,
2009, filed with the Securities and Exchange Commission on April 30, 2009,
there were 127,899,854
shares of Common
Stock issued and outstanding as of April 15, 2009. The
9,427,565 shares of Common Stock beneficially owned by Laminar (the “
Laminar Shares
”) represent approximately
7.3% of the shares of Common Stock issued and outstanding, including, for
the purpose of this calculation, the 1,287,943 shares of Common Stock
issuable upon exercise of the Warrants. The 2,743,738 shares of
Common Stock beneficially owned by Oculus (the “
Oculus Shares
”) represent approximately
2.1% of the 127,899,854 shares of Common Stock issued and outstanding as
of April 15, 2009. The 12,171,303 shares of Common Stock
beneficially owned by DESCO LLC (the “
DESCO
LLC Shares
”) represent approximately 9.4% of the shares of Common
Stock issued and outstanding, including, for the purpose of this
calculation, the 1,287,943 shares of Common Stock issuable upon exercise
of the Warrants. The DESCO LLC Shares are comprised of the
Laminar Shares and Oculus Shares. The 12,175,772 shares of
Common Stock beneficially owned by DESCO LP, including 4,469 shares owned
directly by DESCO LP (the “
DESCO LP
Shares
”), the Laminar Shares, and the Oculus Shares (the DESCO LP
Shares together with the Laminar Shares and Oculus shares, the “
Subject Shares
”), represent approximately
9.4% of the shares of Common Stock issued and outstanding, including, for
the purpose of this calculation, the 1,287,943 shares of Common Stock
issuable upon exercise of the Warrants.
Laminar
has the power to vote or direct the vote of (and the power to dispose or
direct the disposition of) the Laminar Shares. Oculus has the
power to vote or direct the vote of (and the power to dispose or direct
the disposition of) the Oculus Shares. DESCO LP has the power
to vote or direct the vote of (and the power to dispose or direct the
disposition of) the DESCO LP Shares. Laminar disclaims
beneficial ownership of the Oculus Shares and DESCO LP Shares, and Oculus
disclaims beneficial ownership of the Laminar Shares and DESCO LP
Shares.
DESCO
LP, as Laminar’s and Oculus’s investment adviser, and DESCO LLC, as
Laminar’s and Oculus’s managing member, may be deemed to have the shared
power to vote or direct the vote of (and the shared power to dispose or
direct the disposition of) the Subject Shares. As managing
member of DESCO LLC, DESCO II, Inc. may be deemed to have the shared power
to vote or direct the vote of (and the shared power to dispose or direct
the disposition of) the Subject Shares. As general partner of
DESCO LP, DESCO, Inc. may be deemed to have the shared power to vote or
direct the vote of (and the shared power to dispose or direct the
disposition of) the Subject Shares. None of DESCO LLC, DESCO,
Inc., or DESCO II, Inc., owns any shares of Common Stock directly, and
each such entity disclaims beneficial ownership of the Subject
Shares. DESCO LP does not own any of the Laminar Shares and
Oculus Shares directly and disclaims beneficial ownership of the Laminar
Shares and Oculus Shares.
David
E. Shaw does not own any shares of Common Stock directly. By
virtue of David E. Shaw’s position as president and sole
shareholder of DESCO, Inc., which is the general partner of DESCO LP, and
by virtue of David E. Shaw’s position as president and sole
shareholder of DESCO II, Inc., which is the managing member of DESCO LLC,
David E. Shaw may be deemed to have the shared power to vote or
direct the vote of (and the shared power to dispose or direct the
disposition of) the Subject Shares. David E. Shaw disclaims
beneficial ownership of the Subject Shares.
As
of the date hereof, neither any Reporting Person nor, to the best
knowledge of any Reporting Person, any of the persons set forth in Item 2
owns any shares of Common Stock other than the Subject
Shares.
Paragraph
(c) of Item 5 of the Schedule 13D is hereby deleted in its entirety and
replaced as follows:
The
trading dates, number of shares of Common Stock purchased or sold and the
price per share for all transactions by the Reporting Persons in the
shares of Common Stock in the last sixty (60) days, which were all
brokered transactions, are set forth
below:
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