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T Doom Pickens

11/10/09 2:25 AM

#6776 RE: Zilla #6775

No, Zilla, we can't. Even if we somehow got CS and some other large shareholders to come over to our side there are enough cheap, fully vested options (about twenty million) in the hands of BW's friends to exercise for a couple million bucks and maintain control:

WE ARE CONTROLLED BY A SMALL NUMBER OF SHAREHOLDERS, WHOSE INTERESTS MAY DIFFER FROM OTHER SHAREHOLDERS.

As of November 30, 2008, Benton H Wilcoxon, our Chairman of the Board, and Credit Suisse control 30% of the Company’s outstanding common stock. As a result, these persons have significant influence in determining the outcome of any corporate matters submitted to our shareholders for approval, including mergers, consolidations and the sale of all or substantially all of our assets, election of directors and other significant corporate actions. They could potentially have the power to prevent a change in control. The interests of these shareholders may differ from the interests of the other shareholders, and may limit the ability of other shareholders to affect our management and affairs.