DILIGENCE PROTOCOL AGREEMENT May 25, 2007Diligence Protocol Agreement • May 31st, 2007 • Highland Capital Management Lp • Motor vehicle parts & accessories • New York
On April 24, 2007 Pardus European Special Opportunities Master Fund L.P. (together with its affiliates, “Pardus”) and Delphi Corporation (the “Company”) entered into that certain Confidential Information, Standstill and Non-Disclosure Agreement (the “Pardus NDA”). The Pardus NDA relates to a possible negotiated business arrangement involving the Company. Pursuant to the Pardus NDA, Pardus agreed to serve as a lead investor and handle and coordinate the requests of its Co-Investors1 relating to a potential Transaction and Evaluation Material. Subsequently, on or about May 25, 2007, Highland Capital Management, L.P. (together with its affiliates, “Highland”)2 and Brandes Investment Partners, L.P. (together with its affiliates, “Brandes” and, together with Highland and Pardus, the “Major Investors”) each entered into a Confidential Information, Standstill and Non-Disclosure Agreement (the “Highland NDA” and “Brandes NDA”, respectively) with the Company, whereby Highland and Brandes agreed
