AMENDMENT TO WARRANT AGREEMENT
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Exhibit 4.66
AMENDMENT
TO
WARRANT AGREEMENT
This AMENDMENT to the WARRANT AGREEMENT (the "Warrant Agreement") dated as of May 9, 2003 between HMP EQUITY HOLDINGS CORPORATION, a Delaware corporation (the "Company"), HUNTSMAN HOLDINGS, LLC, a Delaware limited liability company ("Huntsman Holdings"), HUNTSMAN GROUP INC., a Delaware corporation and XXXXX FARGO BANK, NATIONAL ASSOCIATION, a national banking association, (as successor by merger to Xxxxx Fargo Bank Minnesota, National Association), organized under the laws of the United States of America, as Warrant Agent (the "Amendment") is made and entered into as of January 20, 2005 by and between each of the parties to the Warrant Agreement.
- X.
- Xxxxxxxx
Corporation, a Delaware corporation and a subsidiary of Huntsman Holdings is contemplating a Qualifying IPO and upon completion of its proposed merger with Huntsman Holdings
will be the successor to Huntsman Holdings.
- B.
- The
Warrant Agreement provides that Parent may exercise a Mandatory Exchange Right in connection with a Qualifying IPO, requiring all Holders of Warrants and Warrant Shares to sell to
Parent all such Warrants and Warrant Shares in exchange for Parent Equity Securities.
- C.
- Although
this Amendment does not constitute a Mandatory Exchange Notice, Huntsman Holdings and the Company desire to clarify certain provisions of the Warrant Agreement prior to
exercise of the Mandatory Exchange Right which exercise will only occur after written notice thereof is provided by Huntsman Holdings.
- D.
- Section 20
of the Warrant Agreement authorizes the amendment of the Warrant Agreement upon the written consent of the Holders of a majority of the outstanding Warrants
(excluding Warrants held by the Company or any of its Affiliates).
- E.
- Holders of a majority of the outstanding Warrants (excluding Warrants held by the Company or any of its Affiliates) have consented in writing to this Amendment as evidenced by their execution hereof.
NOW, THEREFORE, in consideration of the premises and mutual agreements herein, the Company, Huntsman Holdings, Huntsman Group, Inc. and the Warrant Agent hereby agree as follows:
SECTION 1. Amendments.
- (a)
- Section 16(c)
is hereby amended in its entirety to read as follows:
- (c)
- If an Exchange Request is made in connection with a Qualifying IPO or if Parent exercises its Mandatory Exchange Right in connection with a Qualifying IPO, then Parent shall register under the Securities Act the resale of Parent Equity Securities issued in connection with such Exchange Request or exercise of the Mandatory Exchange Right in accordance with the Registration Rights Agreement; provided that the right of all such recipients to receive Parent Equity Securities will be conditioned upon such Holder agreeing to a lock-up on the sale or other disposition of such Parent Equity Securities for the period commencing from the consummation of the Qualifying IPO and ending on the earlier of (1) the date required by the managing underwriter of the Qualifying IPO for holders of shares of Parent generally, not to exceed the date that is 180 days following the effective date of such registration, and (2) the first date that any holders of Parent Equity Securities are generally able to sell their shares.
- (b)
- The following definitions are hereby added to the definitions included in the Agreement:
- (c)
- The following definitions contained in the Warrant Agreement are hereby amended in their entirety to read as follows:
"Admat Preferred Unit Liquidation Value" means the liquidation value of the Admat Preferred Units pursuant to their terms which is $513,250,000.
"IPO Price" shall be equal to the price to the public per share shown on the cover of the final prospectus relating to the Qualifying IPO.
"Total Outstanding Parent Equity Securities" means the total number of outstanding shares of common stock of Parent as disclosed in the final prospectus relating to the Qualifying IPO, including without limitation all shares sold in the IPO and all shares to be issued in exchange for Warrants and Warrant Shares.
"Total Warrant Shares" shall mean the total number of shares of Common Stock that have been issued upon the exercise of Warrants and that remain issuable upon the exercise of the unexercised Warrants (excluding Warrants held by the Company or any of its Affiliates).
"Fair Value of Parent Equity Securities" means (i) in connection with any Exchange Request or exercise of Mandatory Exchange Right the notice of either of which is given prior to or within five business days after the consummation of a Qualifying IPO, the IPO Price, (ii) in connection with any Exchange Request or exercise of Mandatory Exchange Right the notice of either of which is given five business days or more after consummation of a Qualifying IPO the average of the closing sales prices of such securities on the primary exchange on which such shares are traded for each of the five trading days preceding such determination or (iii) in all other circumstances, the fair value of the Parent Equity Securities as agreed by Huntsman Holdings and the Holders of a majority of the outstanding Warrant Shares on a fully diluted basis or, absent such agreement, as determined by an Independent Financial Expert mutually acceptable to Huntsman Holdings and the Holders of a majority of the outstanding Warrant Shares on a fully diluted basis.
"Fair Value of Warrant Shares" means (A) the product of (i) sum of (x) Fair Value of Parent Equity Securities multiplied by the Total Outstanding Parent Equity Securities minus (y) the IPO Price multiplied by the Total Outstanding Parent Equity Securities sold in the Qualifying IPO by Parent minus (z) the AdMat Preferred Liquidation Value, multiplied by (ii) the Total Warrant Shares divided by the sum of the number of shares of Common Stock outstanding and the number of shares that remain issuable upon the exercise of unexercised Warrants, divided by (B) the Total Warrant Shares. If any unexercised Warrants are being exchanged for Parent Equity Securities, then the Fair Value of Warrant Shares shall be net of the Exercise Price for such unexercised Warrants.
SECTION 2. Miscellaneous Provisions.
- (a)
- This
Amendment is limited solely for the purposes and to the extent expressly set forth herein and, except as expressly modified hereby, the terms, provisions and conditions of the
Warrant Agreement shall continue in full force and effect and are hereby ratified and confirmed in all respects. In the event of any conflict between the terms of this Amendment and the terms of the
Warrant Agreement, the terms of this Amendment shall govern. This Amendment shall be effective as of the date first written above.
- (b)
- The invalidity or unenforceability of any provision of this Amendment shall not in any manner or way affect any other provision hereof, and this Amendment shall be construed, if possible, as if amended to conform to legal requirements, failing which it shall be construed as if any such offending provision were omitted.
2
- (c)
- Whenever
the Warrant Agreement is referred to in the Warrant Agreement or in any other agreement, documents and instruments, such reference shall be deemed to be to the Warrant
Agreement, as amended by this Amendment. The Warrant Agreement, as amended by this Amendment, constitutes the entire understanding of the parties hereto with respect to the subject matter hereof.
- (d)
- This
Amendment may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, and all such counterparts shall together
constitute but one and the same agreement.
- (e)
- This Amendment shall be deemed to be a contract made under the laws of the State of New York and shall be governed and construed in accordance with the laws of said State, without regard to the conflict of law rules thereof.
3
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed, as of the day and year first above written.
HMP EQUITY HOLDINGS CORPORATION | |||
By: | /s/ XXXX XXXXXXX |
||
Name: | Xxxx Xxxxxxx | ||
Title | Vice President & Treasurer | ||
HUNTSMAN HOLDINGS, LLC | |||
By: | /s/ XXXX XXXXXXX |
||
Name: | Xxxx Xxxxxxx | ||
Title | Authorized person | ||
HUNTSMAN GROUP INC. | |||
By: | /s/ XXXX XXXXXXX |
||
Name: | Xxxx Xxxxxxx | ||
Title | Vice President & Treasurer | ||
XXXXX FARGO BANK, NATIONAL ASSOCIATION, as Warrant Agent |
|||
By: | /s/ XXXX XXXXXXXXX |
||
Name: | Xxxx X. Xxxxxxxxx | ||
Title | Vice President |
4
Each of the holders of Warrants or Warrant Shares who has executed this Amendment below has done so solely to evidence its consent to this Amendment pursuant to Section 20 of the Warrant Agreement and to represent and warrant that it is the beneficial owner of the number of Warrants set forth opposite its name
Names of Warrant holders |
Number of Warrants Owned |
||||
---|---|---|---|---|---|
Name of Owner: | Libra Funds |
3,400 | |||
By: | /s/ Rarjan Tanden |
||||
Name: | Rarjan Tanden |
||||
Title: | Member |
||||
Date: | 01/18/05 |
||||
Name of Owner: |
Libra Offshort Ltd. |
600 |
|||
By: | /s/ Rarjan Tanden |
||||
Name: | Rarjan Tanden |
||||
Title: | Director |
||||
Date | 01/15/05 |
||||
Name of Owner: |
Prism Partners Offshore Fund |
725 |
|||
By: | /s/ Xxxxxx X. Xxxxxxxxx |
||||
Name: | Xxxxxx X. Xxxxxxxxx |
||||
Title: | Manager |
||||
Date: | 01/19/05 |
||||
Name of Owner: |
Prism Partners I, L.P. |
3,625 |
|||
By: | /s/ Xxxxxx X. Xxxxxxxxx |
||||
Name: | Xxxxxx X. Xxxxxxxxx |
||||
Title: | Manager |
||||
Date: | 01/19/05 |
||||
Name of Owner: |
Prism Partners II Offshore Fund, L.P. |
1,450 |
|||
By: | /s/ Xxxxxx X. Xxxxxxxxx |
||||
Name: | Xxxxxx X. Xxxxxxxxx |
||||
Title: | Manager |
||||
Date: | 01/19/05 |
5
Name of Owner: |
Prism Partners III Leveraged L.P. |
3,625 |
|||
By: | /s/ Xxxxxx X. Xxxxxxxxx |
||||
Name: | Xxxxxx X. Xxxxxxxxx |
||||
Title: | Manager |
||||
Date: | 01/19/05 |
||||
Name of Owner: |
Prism Partners IV Leveraged Offshore Fund |
5,075 |
|||
By: | /s/ Xxxxxx X. Xxxxxxxxx |
||||
Name: | Xxxxxx X. Xxxxxxxxx |
||||
Title: | Manager |
||||
Date: | 01/19/05 |
||||
Name of Owner: |
Metlife |
11,000 |
|||
By: | /s/ Xxxxx X. Xxxxxxx |
||||
Name: | Xxxxx X. Xxxxxxx |
||||
Title: | Director |
||||
Date: | 01/18/05 |
||||
Name of Owner: |
ORE Hill Hub Fund, Ltd. |
13,000 |
|||
By: | /s/ Xxxxxxxx X. Xxxx |
||||
Name: | Xxxxxxxxx X. Xxxx |
||||
Title: | Managing Member |
||||
Date: | 1/20/05 |
||||
Name of Owner: |
Clinton Event Driven Master Fund, Ltd. |
500 |
|||
By: | /s/ Xxxxx Xxxxxx |
||||
Name: | Xxxxx Xxxxxx |
||||
Title: | Director of Operations |
||||
Date: | 01/19/05 |
||||
Name of Owner: |
Clinton Multistrategy Master Fund, Ltd. |
9,500 |
|||
By: | /s/ Xxxxx Xxxxxx |
||||
Name: | Xxxxx Xxxxxx |
||||
Title: | Director of Operations |
||||
Date: | 01/19/05 |
6
Name of Owner: |
River Run Partnership |
19,400 |
|||
By: | /s/ Xxx Xxxxxxx |
||||
Name: | Xxx Xxxxxxx |
||||
Title: | Managing Member of General Partner |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Cold Springs, L.P. |
2,600 |
|||
By: | /s/ Xxx Xxxxxxx |
||||
Name: | Xxx Xxxxxxx |
||||
Title: | Managing Member of General Partner |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
River Run Fund, Ltd. |
23,000 |
|||
By: | /s/ Xxx Xxxxxxx |
||||
Name: | Xxx Xxxxxxx |
||||
Title: | Director |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
H Partners. |
4,000 |
|||
By: | /s/ Xxx Xxxxxxx |
||||
Name: | Xxx Xxxxxxx |
||||
Title: | Managing Member of General Partner |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Teacher's Insurance & Annuities Association. |
12,000 |
|||
By: | /s/ Xxxxxxx X. Xxxxx |
||||
Name: | Xxxxxxx X. Xxxxx |
||||
Title: | Director |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
FA High Income Fund. |
1,560 |
|||
By: | /s/ Matt Condi |
||||
Name: | Matt Condi |
||||
Title: | Portfolio Manager—Fidelity Investments |
||||
Date: | 01/19/05 |
7
Name of Owner: |
VIP High Income |
4,800 |
|||
By: | /s/ Matt Condi |
||||
Name: | Matt Condi |
||||
Title: | Portfolio Manager—Fidelity Investments |
||||
Date: | 01/19/05 |
||||
Name of Owner: |
Fiedelity High Yield Pool |
3,055 |
|||
By: | /s/ Matt Condi |
||||
Name: | Matt Condi |
||||
Title: | Portfolio Manager—Fidelity Investments |
||||
Date: | 01/19/05 |
||||
Name of Owner: |
Lucent Tech Master Pen T50080. |
1,275 |
|||
By: | /s/ Matt Condi |
||||
Name: | Matt Condi |
||||
Title: | Portfolio Manager—Fidelity Investments |
||||
Date: | 01/19/05 |
||||
Name of Owner: |
BASF Universal—US HY T50362 |
200 |
|||
By: | /s/ Matt Condi |
||||
Name: | Matt Condi |
||||
Title: | Portfolio Manager—Fidelity Investments |
||||
Date: | 01/19/05 |
||||
Name of Owner: |
FICL Balanced High Income Sub |
290 |
|||
By: | /s/ Xxxx Xxxxxxxxxxx |
||||
Name: | Xxxx Xxxxxxxxxxx |
||||
Title: | Portfolio Manager—Fidelity Investments |
||||
Date: | 01/19/05 |
||||
Name of Owner: |
GM Employee DOM—HI yield (T64). |
1,990 |
|||
By: | /s/ Xxx Xxxxxxx |
||||
Name: | Xxx Xxxxxxx |
||||
Title: | Portfolio Manager—Fidelity Investments |
||||
Date: | 01/19/05 |
8
Name of Owner: |
FA High Income Advantage |
4,930 |
|||
By: | /s/ Xxx Xxxxxxx |
||||
Name: | Xxx Xxxxxxx |
||||
Title: | Portfolio Manager—Fidelity Investments |
||||
Date: | 01/19/05 |
||||
Name of Owner: |
Prim Board (T25). |
520 |
|||
By: | /s/ Xxx Xxxxxxx |
||||
Name: | Xxx Xxxxxxx |
||||
Title: | Portfolio Manager—Fidelity Investments |
||||
Date: | 01/19/05 |
||||
Name of Owner: |
Third Point Partners Qualified L.P. |
3,250 |
|||
By: | /s/ Xxxxx Xxxxxxxx |
||||
Name: | Xxxxx Xxxxxxxx |
||||
Title: | CFO |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Third Thrid Point Partners, L.P. |
18,550 |
|||
By: | /s/ Xxxxx Xxxxxxxx |
||||
Name: | Xxxxx Xxxxxxxx |
||||
Title: | CFO |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Third Point Offshore Fund, Ltd. |
70,700 |
|||
By: | /s/ Xxxxx Xxxxxxxx |
||||
Name: | Xxxxx Xxxxxxxx |
||||
Title: | CFO |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Point West International Investments Ltd. |
11,200 |
|||
By: | /s/ Xxxxx Xxxxxxxx |
||||
Name: | Xxxxx Xxxxxxxx |
||||
Title: | CFO |
||||
Date: | 01/20/05 |
9
Name of Owner: |
Banzai Partners, Ltd. |
2,850 |
|||
By: | /s/ Xxxxx Xxxxxxxx |
||||
Name: | Xxxxx Xxxxxxxx |
||||
Title: | CFO |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Banzai Offshore Fund, Ltd. |
4,250 |
|||
By: | /s/ Xxxxx Xxxxxxxx |
||||
Name: | Xxxxx Xxxxxxxx |
||||
Title: | CFO |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Lyxor/ Third Point Fund, Ltd. |
9,200 |
|||
By: | /s/ Xxxxx Xxxxxxxx |
||||
Name: | Xxxxx Xxxxxxxx |
||||
Title: | CFO |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
D.E. Xxxx Xxxxxx Portfolios, L.L.C. |
168,813 |
|||
By: | /s/ Xxx Xxxxxx |
||||
Name: | Xxx Xxxxxx |
||||
Title: | Authorized Signatory |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Apogee Fund, L.P. |
6,000 |
|||
By: | /s/ Emmets X. Xxxxxx |
||||
Name: | Emmets X. Xxxxxx |
||||
Title: | President/General Partner |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
3U Capital Master Fund Ltd. |
3,660 |
|||
By: | /s/ Xxxxx Xxxxx |
||||
Name: | Xxxxx Xxxxx |
||||
Title: | Managing Member |
||||
Date: | 01/20/05 |
10
Name of Owner: |
Distressed/ High Yield Thaaing Opportunities, Ltd. |
2,340 |
|||
By: | /s/ Xxxxx Xxxxx |
||||
Name: | Xxxxx Xxxxx |
||||
Title: | Managing Member |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Xxxxxxxx Partners, L.P. |
7,000 |
|||
By: | /s/ Cyedi Xxxx |
||||
Name: | Cyedi Xxxx |
||||
Title: | CFO |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Xxxxxxx Xxxxx |
27,500 |
|||
By: | /s/ Xxxxxxxxx Xxxxxxx |
||||
Name: | Xxxxxxxxx Xxxxxxx |
||||
Title: | Vice President |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Diversified Credit Strategies Fund |
41,650 |
|||
By: | /s/ Xxxxxxxx Xxxxxxx |
||||
Name: | Xxxxxxxx Xxxxxxx |
||||
Title: | Managing Director |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Lispenard Street Credit Fund |
3,350 |
|||
By: | /s/ Xxxxxxxx Xxxxxxx |
||||
Name: | Xxxxxxxx Xxxxxxx |
||||
Title: | Managing Director |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Xxxx Xxxxxxx Life Insurance Company |
12,500 |
|||
By: | /s/ Xxxx Xxxxx |
||||
Name: | Xxxx Xxxxx |
||||
Title: | Managing Director |
||||
Date: | 01/20/05 |
11
Name of Owner: |
Xxxx Xxxxxxx Variable Life Insurance |
3,000 |
|||
By: | /s/ Xxxx Xxxxx |
||||
Name: | Xxxx Xxxxx |
||||
Title: | Authorized Signatory |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Manulife Insurance Company (fka Investors Parnter Life Insurance Comapny |
250 |
|||
By: | /s/ Xxxx Xxxxx |
||||
Name: | Xxxx Xxxxx |
||||
Title: | Authorized Signartory |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Xxxxxxx Mezzanine Partners II, L.P. |
5,520 |
|||
By: | /s/ Xxxx Xxxxx |
||||
Name: | Xxxx Xxxxx |
||||
Title: | Managing Director |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Xerion Partners I, LLC |
6,646 |
|||
By: | /s/ Xxxxxxx X. Xxxxxx |
||||
Name: | Xxxxxxx X. Xxxxxx |
||||
Title: | Vice President |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Xerion Partners II Master |
6,647 |
|||
By: | /s/ Xxxxxxx X. Xxxxxx |
||||
Name: | Xxxxxxx X. Xxxxxx |
||||
Title: | Attorney |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Scout Capital Fund, Ltd. |
3,150 |
|||
By: | /s/ Xxxx Xxxxx |
||||
Name: | Xxxx Xxxxx |
||||
Title: | Director |
||||
Date: | 01/20/05 |
12
Name of Owner: |
Scout Capital Fund II, Ltd. |
150 |
|||
By: | /s/ Xxxx Xxxxx |
||||
Name: | Xxxx Xxxxx |
||||
Title: | Director |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Scout Capital Partners II, L.P. |
700 |
|||
By: | /s/ Xxxx Xxxxx |
||||
Name: | Xxxx Xxxxx |
||||
Title: | General Partner |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
S.A.C. Capital Advisors, LLC |
600 |
|||
By: | /s/ Xxxx Xxxxx |
||||
Name: | Xxxx Xxxxx |
||||
Title: | Managing Member of Scout Capital Management, LLC the Investment Manager for Owner |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Guggenheim Portfolio Company XXII, LLC. |
400 |
|||
By: | /s/ Xxxx Xxxxx |
||||
Name: | Xxxx Xxxxx |
||||
Title: | Managing Member of Scout Capital Management, LLC, the Investment Manager for Owner |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Casterigg Master Investments Ltd. |
3,000 |
|||
By: | /s/ Xxxxx Xxxxxxxx |
||||
Name: | Xxxxx Xxxxxxxx |
||||
Title: | President of Xxxxxxx Asset Management Corporation Advisor to Castlerige Master Investments Ltd. |
||||
Date: | 01/20/05 |
13
Name of Owner: |
Xxxxxx Xxxxxxx XX |
1,000 |
|||
By: | /s/ Xxxxxxx X. Xxxxxxx |
||||
Name: | Xxxxxxx X. Xxxxxxx] |
||||
Title: | DTC Participant #015 |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Atlas Capital (Q.P.), L.P |
6,678 |
|||
By: | /s/ Xxxxxx X. Xxxxxx |
||||
Name: | Xxxxxx X. Xxxxxx |
||||
Title: | President |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Atlas Capital Master Fund, L.P |
13,887 |
|||
By: | /s/ Xxxxxx X. Xxxxxx |
||||
Name: | Xxxxxx X. Xxxxxx |
||||
Title: | President |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Atlas Capital ID Fund, L.P |
135 |
|||
By: | /s/ Xxxxxx X. Xxxxxx |
||||
Name: | Xxxxxx X. Xxxxxx |
||||
Title: | President |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
State Street Bank & Trust Co. |
54,750 |
|||
By: | /s/ Xxxxxxxx X. XxxXxxxxx |
||||
Name: | Xxxxxxxx X. XxxXxxxxx |
||||
Title: | Custody Clerk |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
General Electric Pension Trust |
40,500 |
|||
By: | /s/ Xxxxxx X. Xxxxxx |
||||
Name: | Xxxxxxxx X. XxxXxxxxx |
||||
Title: | Vice President |
||||
Date: | 01/20/05 |
14
Name of Owner: |
Five Corners Partners |
1,000 |
|||
By: | /s/ X.X. Xxxxxxx |
||||
Name: | X.X. Xxxxxxx |
||||
Title: | Analyst Manager |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
The Northern Trust Company |
2,000 |
|||
By: | /s/ Xxxxx Xxxxxx |
||||
Name: | Xxxxx Xxxxxx |
||||
Title: | Trust Officer |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Xxxxx Xxxxx |
300 |
|||
By: | /s/ Xxxxx Xxxxx |
||||
Name: | Xxxxx Xxxxx |
||||
Title: | Vice President |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Xxxxxx Xxxxxxx Company |
31,914 |
|||
By: | /s/ Xxxxxxx Xxxxxxxxx |
||||
Name: | Xxxxxxx Xxxxxxxxx |
||||
Title: | Senior Manager |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
State Street Bank & Trust Co. |
54,750 |
|||
By: | /s/ Xxxxxxxx X. XxxXxxxxx |
||||
Name: | Xxxxxxxx X. XxxXxxxxx |
||||
Title: | Custody Clerk |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Franklin Income Fund. |
21,500 |
|||
By: | /s/ Xxxxxx Xxxxx |
||||
Name: | Xxxxxx Xxxxx |
||||
Title: | SVP, Portfolio Manager |
||||
Date: | 01/20/05 |
15
Name of Owner: |
Franklin Convertible Securities Fund. |
6,500 |
|||
By: | /s/ Xxxx Xxxxxxxx |
||||
Name: | Xxxx Xxxxxxxx |
||||
Title: | VP, Portfolio Manager |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
FTIF Franklin Income High Yield Fund |
9,800 |
|||
By: | /s/ Xxxxx Xxxxxx |
||||
Name: | Xxxxx Xxxxxx |
||||
Title: | Portfolio Manger, VP |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
FTVIP Franklin High Income Fund |
2,200 |
|||
By: | /s/ Poutricia X'Xxxxxx |
||||
Name: | Poutricia X'Xxxxxx |
||||
Title: | VP, Portfolio Manager |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Xxxxxxx Capital Management, LLC. |
1,575 |
|||
By: | /s/ Xxxxx X. Xxxx |
||||
Name: | Xxxxx X. Xxxx |
||||
Title: | Vice President |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
XX Xxxxxx Chase. |
48,100 |
|||
By: | /s/ Feyera Milkessa |
||||
Name: | Feyera Milkessa |
||||
Title: | Corporate Reorganizing Analyst |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
XX Xxxxxx Xxxxx. |
6,500 |
|||
By: | /s/ Feyera Milkessa |
||||
Name: | Feyera Milkessa |
||||
Title: | Corporate Reorganizing Analyst |
||||
Date: | 01/20/05 |
16
Name of Owner: |
XX Xxxxxx Chase. |
37,150 |
|||
By: | /s/ Feyera Milkessa |
||||
Name: | Feyera Milkessa |
||||
Title: | Corporate Reorganizing Analyst |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
XX Xxxxxx Xxxxx. |
4,450 |
|||
By: | /s/ Feyera Milkessa |
||||
Name: | Feyera Milkessa |
||||
Title: | Corporate Reorganizing Analyst |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
SEI Institutional Management Trust High Yield Bond Fund |
800 |
|||
By: | /s/ Xxxxx Xxxxx |
||||
Name: | Xxxxx Xxxxx |
||||
Title: | Managing Director |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Battery Park High Yield Opportunity Master Fund, Ltd |
625 |
|||
By: | /s/ Xxxxx Xxxxx |
||||
Name: | Xxxxx Xxxxx |
||||
Title: | Managing Director |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
GMAM Investment Funds Trust |
1,000 |
|||
By: | /s/ Xxxxx Xxxxx |
||||
Name: | Xxxxx Xxxxx |
||||
Title: | Managing Director |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
California Public Employee's Retirement System |
800 |
|||
By: | /s/ Xxxxx Xxxxx |
||||
Name: | Xxxxx Xxxxx |
||||
Title: | Managing Director |
||||
Date: | 01/20/05 |
17
Name of Owner: |
Canyon Balanced Equity Master Fund, Ltd. |
1,750 |
|||
By: | /s/ R.C.B. Xxxxxxx |
||||
Name: | R.C.B. Xxxxxxx |
||||
Title: | Managing Partner |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Citi Canyon Ltd. |
800 |
|||
By: | /s/ R.C.B. Xxxxxxx |
||||
Name: | R.C.B. Xxxxxxx |
||||
Title: | Managing Partner |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
CMS/Canyon DOF Subpartner LP: |
1,360 |
|||
By: | /s/ R.C.B. Xxxxxxx |
||||
Name: | R.C.B. Xxxxxxx |
||||
Title: | Managing Partner |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Canyon Value Realization Fund (Cayman) Ltd.: |
18,700 |
|||
By: | /s/ R.C.B. Xxxxxxx |
||||
Name: | R.C.B. Xxxxxxx |
||||
Title: | Managing Partner |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Canyon Value Realization MAC—18 Ltd.: |
3,365 |
|||
By: | /s/ R.C.B. Xxxxxxx |
||||
Name: | R.C.B. Xxxxxxx |
||||
Title: | Managing Partner |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Sphinx Special Situations (Canyon), Segregated Portfolio |
25 |
|||
By: | /s/ R.C.B. Xxxxxxx |
||||
Name: | R.C.B. Xxxxxxx |
||||
Title: | Managing Partner |
||||
Date: | 01/20/05 |
18
Name of Owner: |
Canyon Value Reailzation Fund, L.P.: |
4,315 |
|||
By: | /s/ R.C.B. Xxxxxxx |
||||
Name: | R.C.B. Xxxxxxx |
||||
Title: | Managing Partner |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Institutional Benchmarks Master Fund Limited Centaur Event Driven Multi-Strategy Series: |
1,750 |
|||
By: | /s/ R.C.B. Xxxxxxx |
||||
Name: | R.C.B. Xxxxxxx |
||||
Title: | Managing Partner |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Xxxxxx Xxxxxxx, Jr.: |
1,000 |
|||
By: | /s/ Xxxxxx Xxxxxxx, Jr. |
||||
Name: | Xxxxxx Xxxxxxx, Jr. |
||||
Title: | Authorized Signatory |
||||
Date: | 01/19/05 |
||||
Name of Owner: |
Xxxxx Brothers Xxxxxxxx: |
1,000 |
|||
By: | /s/ [illegible] |
||||
Name: | [illegible] |
||||
Title: | |
||||
Date: | 01/20/05 |
||||
Name of Owner: |
Xxxxx Brothers Xxxxxxxx: |
250 |
|||
By: | /s/ [illegible] |
||||
Name: | [illegible] |
||||
Title: | |
||||
Date: | 01/20/05 |
19
AMENDMENT TO WARRANT AGREEMENT