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alien42

07/22/14 11:27 AM

#2564 RE: snapple #2563

i guess that depends on the Vicis Capital Fund, since they now own 57.8% of AMBT...

All 10,097,083 shares reported on this Schedule are held directly by Vicis Capital Master Fund, for which Vicis Capital, LLC acts as investment advisor. Each of the Reporting Persons may be deemed to beneficially own such 10,097,083 shares within the meaning of Rule 13d-3 of the Securities Exchange Act of 1934, as amended, by virtue of, in the case of Vicis, the voting and dispositive power over such shares granted by Vicis Capital Master Fund to Vicis Capital, LLC, and, in the case of each of Messrs. Succo and Lucas, their membership interests in Vicis. The voting and dispositive power granted to Vicis Capital, LLC by Vicis Capital Master Fund may be revoked at any time. Each of the Reporting Persons disclaims beneficial ownership of any shares reported on this Schedule.

The foregoing 10,097,083 shares of Common Stock represent approximately 57.8% of the Issuer’s outstanding Common Stock (based upon 17,480,977 shares of Common Stock outstanding at May 14, 2014, as reported by the Issuer in its Quarterly Report on Form 10-Q filed with the SEC on May 15, 2014, for the quarter ended March 31, 2014).