This excerpt taken from the DPZ 8-K filed Feb 7, 2007.
Dealer Managers, Information Agent and Depositary
We have retained J.P. Morgan Securities Inc., Lehman Brothers Inc. and Merrill Lynch & Co. to act as Dealer Managers, Global Bondholder Services Corporation to act as Information Agent, and The Bank of New York to act as Depositary in connection with the Offer to Purchase. We have agreed to pay the Dealer Managers, the Information Agent and the Depositary customary fees for their services in connection with the Offer to Purchase. We have agreed to reimburse the Dealer Managers for their out-of-pocket expenses, including reasonable fees and disbursements of counsel, and to reimburse the Depositary for certain out-of-pocket expenses. We will also indemnify the Dealer Managers, the Depositary and the Information Agent against certain liabilities, including liabilities under federal securities laws.
At any given time, the Dealer Managers may trade our Notes or other securities or securities of our affiliates for its own accounts or for the accounts of its customers, and accordingly, may hold a long or a short position in the Notes or such other securities.
None of the Dealer Managers, the Information Agent or the Depositary assume any responsibility for the accuracy or completeness of the information concerning us or our affiliates contained in this document or related documents or for any failure by us to disclose events that may have occurred and may affect the significance or accuracy of such information.
In connection with the Offer to Purchase, our directors, officers and other employees (who will not be specifically compensated for such services) may solicit tenders and Consents by use of the mails, personally or by telephone, telegram or facsimile transmissions. We also will pay brokerage houses and other custodians, nominees and fiduciaries the reasonable out-of-pocket expenses incurred by them in forwarding copies of this Offer to Purchase and related documents to the beneficial owners of the Notes and in handling or forwarding tenders of Notes and deliveries of Consents by their customers.
The Dealer Managers and their affiliates provide various investment banking, commercial banking and financial advisory services to us and our affiliates.
The Dealer Managers will serve as the advisors and are expected to serve as joint lead arrangers and joint book runners under our new bridge loan facility and Lehman Brothers Inc. is expected to serve as the sole administrative agent under our new bridge loan facility. The Dealer Managers are also expected to serve as joint book runners under our securitized debt facility and Lehman Brothers Inc. is expected to serve as the sole structuring advisor and administrative agent under our securitized debt facility.