Crouse, Roberts and Schlarbaum and Professor Wood is deemed to beneficially
own the 576,892 Shares beneficially
owned in the aggregate by the other Participants.
For the purposes of Rule 13d-5(b)(1) of the Securities Exchange Act of 1934, as amended, each of the participants in this solicitation is deemed to beneficially
own the shares of Common Stock of the Company beneficially
owned in the aggregate by the other participants.
As of April 17, 2008, BPIP and BPP beneficially
owned 650,560 and 514,400 Shares, respectively, constituting 2.
Solomon may be deemed to beneficially
own the 2,774,471 shares of Common Stock of the Company owned by Starboard and the 528,470 shares of Common Stock of the Company owned by Parche.
Upon completion of the Offer (assuming that 3,740,000 shares of the Company's common stock are tendered by the Company's shareholders and accepted for payment by Desert Equity), (i) Desert Equity will directly beneficially
own 3,740,000 shares or approximately 16.
On November 13, 2006, RMR Hospitality and Real Estate Fund (Amex: RHR) announced that it had filed a lawsuit against Bulldog Investors General Partnership ("BIGP") and certain of its affiliates for allegedly violating a provision of RHR's Agreement and Declaration of Trust purporting to limit any person or group of persons other than RHR's investment advisor from beneficially
owning more than 9.
Caiman Partners directly beneficially
owns 803,700 shares or approximately 3.
2% of the shares of MGM MIRAGE common stock not beneficially
owned by Tracinda and Mr.
Certain of these persons hold direct or indirect interests as follows: Pennant Capital Management, LLC may be deemed to beneficially
own 5,407,141 shares of Common Stock; Mr.
Under the original stockholders' agreement, at any time after May 3, 2007, Holdings had the option to purchase, and Unilever had the right, under certain conditions, to require Holdings to purchase the shares of Holdings and senior discount notes of Holdings then beneficially
owned by Marga B.
As of the date of this filing, BVF beneficially
owned 1,975,340 shares of Common Stock of Avigen, BVF2 beneficially
owned 1,364,911 shares of Common Stock of Avigen, BVLLC beneficially
owned 4,969,764 shares of Common Stock of Avigen and ILL10 beneficially
owned 509,585 shares of Common Stock of Avigen.
Grace has agreed to sell six million of its beneficially
owned shares and Mr.
Together with the 565,560 Common Shares of the Company beneficially
owned or controlled by Mr.
NASDAQ: NTOP) not already beneficially
owned by IDT for $2.
If YMG converted all of these Debentures it would beneficially
own, directly or indirectly, or exercise control or direction over 1,450,596 common shares of Icefloe or approximately 13.