UPDATED VERIFIED RULE 2019 STATEMENT OF WACHTELL, LIPTON, ROSEN & KATZ AND VINSON & ELKINS LLP
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As currently constituted, the Ad Hoc Committee consists of First Pacific Advisors, LLC (together with its affiliated and managed funds, “First Pacific”), SMH Capital Advisors (together with its affiliated and managed funds, “SMH”), Canyon Capital Advisors LLC (together with its affiliated and managed funds, “Canyon”), P. Schoenfeld Asset Management LP on behalf of its clients (together with its affiliated and managed funds, “PSAM”), Claren Road Asset Management, LLC (together with its affiliated and managed funds, “Claren Road”), Cetus Capital, LLC (together with its affiliated and managed funds, “Cetus”), Raging Capital Management, LLC (together with its affiliated and managed funds, “Raging”) and Proxima Capital Management, LLC (together with its affiliated and managed funds, “Proxima”).
11. As of the date hereof, First Pacific beneficially owns Notes with an aggregate face amount of approximately $151,323,000. First Pacific beneficially holds approximately $41,656,000 of the overall commitment under the Debtor’s debtor-in-possession financing facility (including prepetition loans refinanced by such facility).
12. As of the date hereof, SMH beneficially owns Notes with an aggregate face amount of approximately $129,854,000.
13. As of the date hereof, Canyon beneficially owns Notes with an aggregate face amount of approximately $92,760,000. Canyon also beneficially owns approximately 30,000 shares of the Debtor’s 8.00% Series B Convertible Perpetual Preferred Stock.
14. As of the date hereof, PSAM beneficially owns Notes with an aggregate face amount of approximately $14,285,000. PSAM additionally beneficially holds approximately $53,064,167 of the overall commitment under the Debtor’s debtor-in-possession financing facility (including prepetition loans refinanced by such facility).
15. As of the date hereof, Claren Road beneficially owns Notes with an aggregate face amount of approximately $218,768,000.
16. As of the date hereof, Cetus beneficially owns Notes with an aggregate face amount of approximately $32,975,000.
17. As of the date hereof, Raging beneficially owns Notes with an aggregate face amount of approximately $2,000,000.
18. As of the date hereof, Proxima beneficially owns Notes with an aggregate face amount of approximately $46,000,000.
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