Descriptions of the material terms and conditions of the Subservicing Agreement and the amendments and side
letter thereto were previously disclosed in the Companys Annual Report on Form
10-K
for the fiscal year ended December 31, 2017, Current Report on Form
8-K
filed with the Securities and Exchange Commission on January 23, 2018, and other filings with the Securities and Exchange Commission.
The Company
cannot provide any assurance with respect to the results of the Strategic Review, the Companys ongoing discussions with the Term Loan Lenders, with NRM or with any of its other key stakeholders, nor can there be any assurance as to the timing
or terms of any plan of reorganization.
Cautionary Statements Regarding Forward-Looking Information
Certain statements in this
Form 8-K and
in the Confidential Information constitute forward-looking
statements within the meaning of Section 27A of the Securities Act and Section 21E of the Exchange Act. Statements that are not historical facts are forward-looking statements. Certain of these forward-looking statements can be
identified by the use of words such as believes, anticipates, expects, intends, plans, projects, estimates, assumes, may, should,
could, shall, will, seeks, targets, future, or other similar expressions. Such forward-looking statements involve known and unknown risks, uncertainties and other important
factors, and our actual results, performance or achievements could differ materially from future results, performance or achievements expressed in these forward-looking statements. Such statements include, but are not limited to, statements relating
to the Strategic Review, statements about the status of our negotiations with the Term Loan Lenders regarding a prearranged chapter 11 plan of reorganization, statements about our relationship with NRM, our options with respect to the Notice and the
consequences thereof, and descriptions of managements strategy, plans, opportunities, objectives or intentions and descriptions of assumptions underlying any of the above matters and other statements that are not historical fact.
These forward-looking statements are based on the Companys current beliefs, intentions and expectations and are not guarantees or indicative of future
performance, nor should any conclusions be drawn or assumptions be made as to any potential outcome of any strategic initiatives or transactions the Company considers.
Important assumptions and other important factors that could cause actual results to differ materially from those forward-looking statements include, but are
not limited to, those factors, risks and uncertainties described in more detail under the heading Risk Factors and elsewhere in the Companys annual and quarterly reports, including amendments thereto, and other filings with the
Securities and Exchange Commission.
The above factors, risks and uncertainties are difficult to predict, contain uncertainties that may materially affect
actual results and may be beyond the Companys control. New factors, risks and uncertainties emerge from time to time, and it is not possible for management to predict all such factors, risks and uncertainties. Although the Company believes
that the assumptions underlying the forward-looking statements contained herein are reasonable, any of the assumptions could be inaccurate, and therefore any of these statements may prove to be inaccurate. In light of the significant uncertainties
inherent in the
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