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This excerpt taken from the C 8-K filed Jun 10, 2009. 5% Shareholder” means (i) a
Person or group of Persons that is a “5- percent shareholder” of the Company
pursuant to Treasury Regulation Section 1.382-2T(g) (other than any “public
group” that results, pursuant to Treasury Regulation Section
1.382-2T(j)(2)(iii), from an Announced Exchange) or (ii) a Person that is a
“first tier entity” or “higher tier entity” (as such terms are defined in
Treasury Regulation Section 1.382-2T(f)) of the Company if that Person has a
“public group” or individual, or a “higher tier entity” of that Person has a
“public group” or individual, that is treated as a “5-percent shareholder” of
the Company pursuant to Treasury Regulation Section 1.382-2T(g).
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