| | | (1) | Based solely on a Schedule 13D, Amendment No. 2, filed with the SEC on November 26, 2014, Leucadia is the beneficial owner of 46,633,479 shares of our Common Stock, including the 28,000,000 shares Leucadia may from time to time sell and receive the proceeds from such sale for its own account. The address of Leucadia is 520 Madison Avenue, New York, New York 10022. | (2) | Based solely on a Schedule 13D, Amendment No. 4 filed with the SEC on February 23, 2015, CF Turul LLC is the beneficial owner of 32,994,740 shares of our Common Stock. The 32,994,740 shares excludes one share of our preferred stock owned by CF Turul, which cannot be converted into Common Stock. As described in the Schedule 13D, each of Fortress Credit Opportunities Advisors LLC, Fortress Credit Opportunities MA Advisors LLC, Fortress Credit Opportunities MA II Advisors LLC, FCO MA LSS Advisors LLC, Fortress Credit Opportunities MA Maple Leaf Advisors LLC, Fortress Global Opportunities (Yen) Advisors LLC, Drawbridge Special Opportunities Advisors LLC, Fortress Special Opportunities Advisors LLC, FIG LLC, Fortress Operating Entity I LP, FIG Corp., Fortress Investment Group LLC, Mr. Peter L. Briger, Jr., and Mr. Constantine M. Dakolias (collectively, the “CF Turul Group”) may also be deemed to be the beneficial owner of our shares of Common Stock beneficially owned by CF Turul, assuming the effectiveness of a joint investment committee agreement. The business address of CF Turul is c/o Fortress Investment Group LLC, 1345 Avenue of the Americas, 46th Floor, New York, New York 10105. | (3) | Based solely on a Schedule 13F-HR, filed with the SEC on May 16, 2016 and other filings with the SEC, Mr. Cooperman is the Managing Member of Omega Associates, L.L.C. (“Associates”). Associates is the general partner of limited partnerships known as Omega Capital Partners, L.P. (“Capital LP”), Omega Capital Investors, L.P. (“Investors LP”), and Omega Equity Investors, L.P. (“Equity LP”). Mr. Cooperman is the President, CEO, and sole stockholder of Omega Advisors, Inc. (“Advisors”) and Mr. Cooperman is deemed to control said entity. Advisors serves as the investment manager to Capital LP, Investors LP, Equity LP, Omega Overseas Partners, Ltd. (“Overseas”). Advisors also serves as a discretionary investment advisor to a limited number of institutional clients (the “Managed Accounts”). As to the shares of Common Stock owned by the Managed Accounts, there would be shared power to dispose or to direct the disposition of such shares because the owners of the Managed Accounts may be deemed beneficial owners of such shares as a result of their right to terminate the discretionary account within a period of 60 days. Mr. Cooperman is the ultimate controlling person of Associates, Capital LP, Investors LP, Equity LP, Overseas, and Advisors. Mr. Cooperman may be deemed the beneficial owner of 10,388,646 shares of Common Stock. Except as otherwise indicated, the principal business address of Mr. Cooperman and his affiliated entities and Managed Accounts is 810 Seventh Avenue, 33rd Floor, New York, NY 10019. The registered address of Overseas is c/o Intertrust Corporate Services (Cayman) Limited, 190 Elgin Avenue, George Town, Grand Cayman KY1-9005, Cayman Islands, British West Indies. | (4) | Includes 1,902,032 shares of Common Stock and 1,891,452 shares of Common Stock underlying options that have vested or will vest within 60 days of July 18, 2016. Such amounts do not include: (i) 411,934 shares subject to unvested options that do not vest within 60 days of July 18, 2016; and (ii) 106,553 shares of Common Stock held by a charitable foundation of which Mr. Asali and his spouse are trustees. | (5) | Based solely on a Schedule 13D, Amendment No. 35, filed with the SEC on May 24, 2016, Mr. Falcone, the managing member of Harbinger Holdings, LLC and portfolio manager of Harbinger Capital Partners Master Fund I, Ltd. (the “Master Fund”), may be deemed to indirectly beneficially own 6,709,677 shares of our Common Stock. Mr. Falcone has shared voting and dispositive power over all such shares. Mr. Falcone has reported in his Schedule 13D, as amended, that a portion of the shares of our Common Stock held by the Master Fund are pledged, together with securities of other issuers, to secure certain portfolio financing for the Master Fund. The amount of shares of Common Stock beneficially owned by Mr. Falcone does not include 1,200,000 shares underlying unvested warrants that do not vest within 60 days of July 18, 2016. Mr. Falcone’s address is c/o Harbinger Holdings, LLC, 450 Park Avenue, 30th floor, New York, New York, 10022. | (6) | Includes 1,287,689 shares of Common Stock and 748,358 shares of Common Stock underlying options that have vested or will vest within 60 days of July 18, 2016. Such amounts do not include: (i) 258,405 shares underlying unvested options that do not vest within 60 days of July 18, 2016; and (ii) 30,075 shares of Common Stock contributed by Mr. Maura to a charitable foundation that may be deemed to be beneficially owned by Mr. Maura. | (7) | Includes 383,184 shares of Common Stock and 301,985 shares of Common Stock underlying options that have vested or will vest within 60 days of July 18, 2016. Does not include 143,566 shares underlying unvested options that do not vest within 60 days of July 18, 2016. | (8) | Includes 3,287,390 shares of Common Stock and 2,639,810 shares of Common Stock underlying options, warrants or restricted stock units that are currently exercisable or become exercisable, or vest, as applicable, within 60 days of July 18, 2016. Such amounts do not include: (i) 670,339 shares of Common Stock underlying unvested options and warrants that do not vest within 60 days of July 18, 2016; (ii) 30,075 shares of Common Stock contributed by Mr. Maura to a charitable foundation that may be deemed to be beneficially owned by Mr. Maura; and (iii) 106,553 shares of Common Stock held by a charitable foundation of which Mr. Asali and his spouse are trustees. |
Changes in Control To the knowledge of the Company, there are no arrangements, including any pledge by any person of securities of the Company or any of its parents, the operation of which may, at a subsequent date, result in a change in control of the Company, other than ordinary default provisions that may be contained in our Charter or Bylaws, or trust indentures, or other governing instruments relating to the securities of the Company.
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