EX-1
from SC 13D/A
6 pages
Castle Creek Arbitrage LLC, Acting as Investment Manager With Discretionary Authority on Behalf of Certain Managed Accounts (“Seller”) Agrees to Sell to Yucaipa American Alliance Fund II, L.P. (“Yaaf II”) and Yucaipa American Alliance (Parallel) Fund II, L.P. (Collectively With Yaaf II, “Purchaser”), and Purchaser Agrees to Buy From Such Accounts Managed by Seller, the Securities on Terms Previously Negotiated in the Amount and at the Price as Set Forth on Schedule a Hereto (Such Sale and Purchase of the Securities, the “Transaction”). the Transaction Will Close on Wednesday, July 21, 2010. at the Closing Seller, or an Agent Acting on Behalf of Seller, Shall Transfer the Securities to an Account Specified by Purchaser and Purchaser Shall Deliver Cash by Wire Transfer of Immediately Available Funds of the Purchase Price (Including Accrued Interest) to the Accounts Designated by Seller as Set Forth on Schedule a Hereto. Seller Currently Holds Securities With Cusip 61748waa6 and Is in the Process of Exchanging Such Securities for Securities With Cusip 61748wab4. if Seller Is Unable to Effect This Exchange in Order for the Closing of the Sale to Occur on the Date Scheduled Therefor, Then Seller May Extend the Closing Date by an Additional Trading Day by Giving Purchaser One Trading Day Notice Thereof. Notwithstanding the Foregoing, the Closing Shall Take Place No Later Than Friday, July 23, 2010. if the Closing Is Extended Past July 21, 2010 in Accordance Herewith or Otherwise With the Consent of Seller and Purchaser, Seller Shall Receive All Accrued and Unpaid Interest on the Securities Up To, but Not Including, the Day of the Closing, and the Parties Shall Amend This Agreement and Any Associated Agreements or Documents, Including Trade Confirmations as May Be Required
12/34/56
