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This excerpt taken from the C 8-K filed Jun 10, 2009. Exchange Offer Participant”
means any Person (except for any Person in Specified Person Group I or Specified
Person Group II) that participates in an Announced Exchange with the Company and
that, immediately after the consummation of such Announced Exchange, would (x)
be a 5% Shareholder or (y) own Company Securities that would be Beneficially
Owned by a 5% Shareholder; provided that, in either
case, such Person does not increase such Person’s Percentage Stock Ownership
(other than pursuant to such Announced Exchange) between the date hereof and the
consummation of such Announced Exchange.
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