EXHIBIT 99.1: FOOTNOTE TEXT
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(1) As described in the Form 3 filed by Appaloosa Investment Limited
Partnership I ("AILP") on September 10, 2003, AILP is a party to a
total return swap agreement with respect to approximately 2,428,024
shares of common stock of the Issuer with an expiration date of August
2, 2004. The Form 4 filed by AILP on September 16, 2003 describes the
partial settlement of the agreement up to and including that date. The
agreement has been further partially settled prior to its expiration
date as follows. On September 17, 2003, the agreement was settled with
respect to 378,430 shares subject to the agreement, for a payment from
the counterparty to AILP in the amount of $7,236,868.26, less certain
fees and expenses. On September 18, 2003, the agreement was partially
settled with respect to 239,850 shares subject to the agreement for a
payment from the counterparty to AILP in the amount of $4,594,974.35,
less certain fees and expenses. The agreement is still in effect with
respect to approximately 1,172,809 shares.
(2) As described in the Form 3 filed by Palomino Fund Ltd. ("Palomino") on
September 10, 2003, Xxxxxxxx is a party to a total return swap
agreement with respect to approximately 2,127,368 shares of common
stock of the Issuer with an expiration date of August 2, 2004. The
Form 4 filed by Xxxxxxxx on September 16, 2003 describes the partial
settlement of the agreement up to and including that date. The
agreement has been further partially settled prior to its expiration
date as follows. On September 17, 2003, the agreement was settled with
respect to 331,570 shares subject to the agreement, for a payment from
the counterparty to Palomino in the amount of $6,340,745.74, less
certain fees and expenses. On September 18, 2003, the agreement was
partially settled with respect to 210,150 shares subject to the
agreement, for a payment from the counterparty to Palomino in the
amount of $4,025,990.66, less certain fees and expenses. The agreement
is still in effect with respect to approximately 1,027,583 shares.
(3) The reporting persons to whom the information set forth on these lines
relates are Xxxxx X. Xxxxxx ("Xx. Xxxxxx"), Appaloosa Partners Inc.
("API") and Appaloosa Management LP (the "Manager"). Xx. Xxxxxx is
the sole stockholder of API. API is the general partner of, and Xx.
Xxxxxx owns a majority of the limited partnership interests of, the
Manager. The Manager is the general partner of AILP and acts as an
investment advisor to Xxxxxxxx. Footnotes (1) and (2) describe the
transactions to which the information set forth on these lines
relates.
