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Re: Lebosco post# 40691

Friday, 01/27/2012 3:42:57 PM

Friday, January 27, 2012 3:42:57 PM

Post# of 42851
My email and response from David Sharp of KCC regarding Item #3.


Good Morning,

I have a quick question regarding Item #3 in the Class 19 ballot.

ITEM 3. Certification as to Preferred Equity Interests held in Additional Accounts. By completing and returning this Beneficial Holder Ballot, the beneficial holder certifies that either (a) it has not submitted any other Ballots for other Class 19 Preferred Equity Interests held in other accounts or other record names or (b) it has provided the information specified in the following table for all other Class 19 Preferred Equity Interests for which it has submitted additional Beneficial Holder Ballots, each of which indicates the same vote to accept or reject the Plan (please use additional sheets of paper if necessary): ONLY COMPLETE THIS SECTION IF YOU HAVE VOTED CLASS 19 BALLOTS OTHER THAN THIS BALLOT.

Table: Account Number -- Name of Holder (Footnote #1) -- Number of Shares of Other Preferred Equity Interests Voted

Footnote #1: Insert your name if the Preferred Equity Interests are held by you in your own name or, if held in "street name,"insert the name of your broker or bank.

This item seems pretty self-explanatory, but is causing some confusion among shareholders. I would just like to clarify the issue
.
It seems to say that if you own a given class of shares in only ONE account, you should not fill out this section, and that will be certification that this is the only account you are voting that type of share in. (a)

If you own a given class of shares in >1 account, you should fill out the "following table" that states how many shares you are voting in your OTHER accounts (of the same class) and confirms that you are voting those other shares the same way. (b)

Example: Say I own 10 WAMPQ with Brokerage A and 5 WAMPQ with Brokerage B.

- For the Brokerage A ballot, under Item 3, I will fill in the table with my Account # at Brokerage B -- the name of Brokerage B under "Name of Holder" (due to Footnote #1) -- and the number of shares being voted through Brokerage B (5 in this case).

- For the Brokerage B ballot, under Item 3, I will fill in the table with my Account # at Brokerage A, the name of Brokerage A under "Name of Holder" (due to Footnote #1) - and the number of shares being voted through Brokerage A (10 in this case).

I apologize for taking your time to clarify this, but know that many others are confused by this item. I will certainly provide your response to other shareholders via various message boards.

Respectfully,



David Sharp's response:

XXXXXXXXXXXX – the information below is correct.

Thanks,

David


Life's a garden. Dig it.

BOULDER

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