Niemiec and Durkin
were nominated and elected under this arrangement.
...Charles P. Durkin, Jr. (age 64) has served as a director of Emeritus since December 30, 1999.Mr. Durkin
is one of the founders of Saratoga Partners
, a private equity investment firm.Since Saratoga's formation as an independent entity in September 1998, he has been a Managing Director of Saratoga Management Company LLC, the manager of the Saratoga Partners funds.Prior to that, from September 1997, he was a Managing Director of SBC Warburg Dillon Read, Inc., the successor entity to Dillon, Read & Co., where Mr. Durkin started his investment banking career in 1966 and became a Managing Director in 1974.
...Charles P. Durkin, Jr. (10). . . . . . . Deerfield Capital, L.P. (11) . . . . . . 5.15% 780 Third Avenue 37th Floor New York, NY 10017 B.F., Limited Partnership (12) . . . . . 32.95% 3131 Elliott Avenue, Suite 500 Seattle, WA 98121 Northstar Capital Partners LLC (7) . . . 6.29% 299 Park Avenue, 33rd Floor New York, New York 10022 Saratoga Partners IV, L.P. (13). . . . . 36.76% 535 Madison Avenue New York, NY 10022 All directors and executive officers as.
...Mr. Durkin, an Emeritus director, is a principal of Saratoga Management Company, LLC and therefore shares voting power over the Niemiec Shares.
This figure also includes options exercisable within 60 days for the purchase of 8,500 shares.Mr. Niemiec, a former principal of Saratoga Partners and its affiliates (See "CERTAIN TRANSACTIONS - Saratoga Transactions."), currently serves as an advisor to Saratoga Partners, and is deemed to have no voting or dispositive powers over the Series B preferred stock, the warrants, and the subordinated debentures currently held by Saratoga Partners and its affiliates. (10) Includes 4,729,082 shares issuable upon conversion of Series B preferred stock currently held by or voted by Saratoga Partners and its affiliates, of which Mr. Durkin is a principal. (See "CERTAIN TRANSACTIONS - Saratoga Transactions.") Saratoga Partners and its affiliates own or have the power to vote 100% of the outstanding Series B preferred stock, which includes 574,082 shares (as-converted) that represent dividends paid on the Series B preferred stock to date.
may be deemed to have sole dispositive power over some of the above warrants, debentures, and Series B preferred stock, as follows: (a) 13,367 warrants; (b) 3,055 shares of Common Stock into which the subordinated debentures are convertible, and (c) 63,156 shares of Common Stock issuable upon conversion of Series B preferred stock. (11) Deerfield Capital, L.P.
may be deemed to have shared voting and dispositive power over the shares, based upon publicly available information reported as of December 31, 2002, on Amendment No. 1 to Schedule 13-G.
...Mr. Durkin, an Emeritus director, is a principal of Saratoga Partners and its affiliates.
...Mr. Durkin, one of our directors, is a principal of Saratoga.