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If the form is filed by more than one reporting person, see Instruction 5(b)(v). |
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Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). |
(1) |
This Form 3 is being filed by Glencore AG ("Glencore AG"). The common stock reported on Table I and the preferred stock
reported on Table II are owned directly by Glencore AG, a direct wholly-owned subsidiary of Glencore International AG, and
indirectly by the Glencore Holding AG, the controlling shareholder of Glencore International AG. |
(2) |
Represents 1,047 shares of restricted common stock issued on June 25, 2008 to Mr. Willy R. Strothotte, a director of the
issuer, who holds such shares as nominee for the Reporting Person. Shares vest in full on the one year anniversary of the
grant date, or if earlier, upon Mr. Strothotte's termination of service as a member of the issuer's board of directors due
to death or disability |
(3) |
Each share of Series A Convertible Preferred Stock is convertible into 100 shares of the Issuer's common stock at the times
and under the circumstances described in the Certificate of Designation for the Series A Convertible Preferred Stock. The
Series A Convertible Preferred Stock has no expiration date. |
(4) |
June 9, 1999 grant of stock options to Mr. Willy R. Strothotte, a director of the issuer, who holds such options as nominee
for the Reporting Person. Options vested and became exercisable in four equal installments ending on the first anniversary
of the date of grant. The options will expire and cease to be exercisable on the tenth anniversary of the date of grant. |
(5) |
June 5, 2000 grant of stock options to Mr. Willy R. Strothotte, a director of the issuer, who holds such options as nominee
for the Reporting Person. Options vested and became exercisable in four equal installments ending on the first anniversary
of the date of grant. The options will expire and cease to be exercisable on the tenth anniversary of the date of grant. |
(6) |
June 28, 2001 grant of stock options to Mr. Willy R. Strothotte, a director of the issuer, who holds such options as nominee
for the Reporting Person. Options vested and became exercisable in four equal installments ending on the first anniversary
of the date of grant. The options will expire and cease to be exercisable on the tenth anniversary of the date of grant. |
(7) |
June 25, 2002 grant of stock options to Mr. Willy R. Strothotte, a director of the issuer, who holds such options as nominee
for the Reporting Person. Options vested and became exercisable in four equal installments ending on the first anniversary
of the date of grant. The options will expire and cease to be exercisable on the tenth anniversary of the date of grant. |
(8) |
June 25, 2003 grant of stock options to Mr. Willy R. Strothotte, a director of the issuer, who holds such options as nominee
for the Reporting Person. Options vested and became exercisable in four equal installments ending on the first anniversary
of the date of grant. The options will expire and cease to be exercisable on the tenth anniversary of the date of grant. |
(9) |
July 19, 2004 grant of stock options to Mr. Willy R. Strothotte, a director of the issuer, who holds such options as nominee
for the Reporting Person. Options vested and became exercisable in four equal installments ending on the first anniversary
of the date of grant. The options will expire and cease to be exercisable on the tenth anniversary of the date of grant. |
(10) |
August 11, 2005 grant of stock options to Mr. Willy R. Strothotte, a director of the issuer, who holds such options as
nominee for the Reporting Person. Options vested and became exercisable in four equal installments ending on the first
anniversary of the date of grant. The options will expire and cease to be exercisable on the tenth anniversary of the date
of grant. |
(11) |
June 12, 2006 grant of stock options to Mr. Willy R. Strothotte, a director of the issuer, who holds such options as nominee
for the Reporting Person. Options vested and became exercisable in four equal installments ending on the first anniversary
of the date of grant. The options will expire and cease to be exercisable on the tenth anniversary of the date of grant. |
(12) |
May 24, 2007 grant of stock options to Mr. Willy R. Strothotte, a director of the issuer, who holds such options as nominee
for the Reporting Person. Options vested and became exercisable in four equal installments ending on the first anniversary
of the date of grant. The options will expire and cease to be exercisable on the tenth anniversary of the date of grant. |