Common use of Further Acknowledgement Clause in Contracts

Further Acknowledgement. The parties to this Agreement agree and acknowledge that certain Locked-Up Holders are executing this Agreement as investment advisors for, and on behalf of, certain investment funds identified on such Locked-Up Holders’ signature pages. Notwithstanding the foregoing, by executing this Agreement, each such Locked-Up Holder executing this Agreement in such capacity further represents and warrants to the other Locked-Up Holders that (i) it has the requisite power and authority to agree to all of the matters set forth in this Agreement with respect to the Company securities such Locked-Up Holder beneficially owns (including those set forth on its signature page), (ii) it has the full authority on behalf of all such funds to vote, transfer and hold all the Company securities such Locked-Up Holder beneficially owns, and (iii) it has all requisite power and authority to enter into this Agreement and to perform its respective obligations under, this Agreement, on behalf of each such fund. In Witness Whereof, each of the parties hereto has caused this Agreement to be executed and delivered by its duly authorized officer as of the date first above written. LOCKED-UP HOLDER By: Name: Title: Address: City/State/Zip: Country: Telecopy: Convertible Notes Beneficially Owned by Such Locked-Up Holder: Preferred Shares Beneficially Owned by Such Locked-Up Holder: Common Shares Beneficially Owned by Such Locked-Up Holder:

Appears in 1 contract

Sources: Lock Up Agreement (Stonerise Capital Management, LLC)

Further Acknowledgement. The parties to this Agreement agree and acknowledge that certain Locked-Up Holders are executing this Agreement as investment advisors for, and on behalf of, certain investment funds identified on such Locked-Up Holders' signature pages. Notwithstanding the foregoing, by executing this Agreement, each such Locked-Up Holder executing this Agreement in such capacity further represents and warrants to the other Locked-Up Holders that (i) it has the requisite power and authority to agree to all of the matters set forth in this Agreement with respect to the Company Emmis securities such Locked-Up Holder beneficially owns (including those set forth on its signature page), (ii) it has the full authority on behalf of all such funds to vote, transfer and hold all the Company Emmis securities such Locked-Up Holder beneficially owns, and (iii) it has all requisite power and authority to enter into this Agreement and to perform its respective obligations under, this Agreement, on behalf of each such fund. In Witness Whereof, each of the parties hereto has caused this Agreement to be executed and delivered by its duly authorized officer as of the date first above written. LOCKED-UP HOLDER By: /s/ ▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇ ▇▇▇▇▇▇▇▇ Title: General Partner Address: City▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ #▇▇▇ ▇▇▇▇/State▇▇▇▇▇/Zip▇▇▇: ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Country: USA Telecopy: Convertible Notes Beneficially Owned by Such Locked-Up Holder: ▇▇▇ ▇▇▇ ▇▇▇▇ Preferred Shares Beneficially Owned by Such Locked-Up Holder: 101,210 Common Shares Beneficially Owned by Such Locked-Up Holder: 0 LOCKED-UP HOLDER By: /s/ ▇▇▇▇▇ ▇. Fight Name: ▇▇▇▇▇ ▇. Fight Title: General Partner Address: ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Ct. City/State/Zip: Brecksville, OH 44141 Country: US Telecopy:_____________________________ Preferred Shares Beneficially Owned by Such Locked-Up Holder: 51,000 Common Shares Beneficially Owned by Such Locked-Up Holder: LOCKED-UP HOLDER By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: President Address: ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ City/State/Zip: Houston, TX 77027 Country: United States Telecopy: ▇▇▇ ▇▇▇ ▇▇▇▇ Preferred Shares Beneficially Owned by Such Locked-Up Holder: 10,000 Common Shares Beneficially Owned by Such Locked-Up Holder: N/A LOCKED-UP HOLDER By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Address: ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ City/State/Zip: Houston, TX 77027 Country: United States Telecopy: ▇▇▇ ▇▇▇ ▇▇▇▇ Preferred Shares Beneficially Owned by Such Locked-Up Holder: 37,500 Common Shares Beneficially Owned by Such Locked-Up Holder: N/A LOCKED-UP HOLDER R2 INVESTMENTS, LDC By: Amalgamated Gadget, L.P, its Investment Manager By: Scepter Holdings, Inc., its General Partner By: /s/ ▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇ Title: CFO & Treasurer Address: ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇/▇▇▇▇▇/▇▇▇: ▇▇. ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Country: USA Telecopy: ▇▇▇ ▇▇▇ ▇▇▇▇ Preferred Shares Beneficially Owned by Such Locked-Up Holder: 337,050 Common Shares Beneficially Owned by Such Locked-Up Holder: zero LOCKED-UP HOLDER By: Zazove Associates LLC, its General Partner By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Chief Operating Officer Address: ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇. ▇▇▇▇/▇▇▇▇▇/▇▇▇: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Country: USA Telecopy: ▇▇▇ ▇▇▇ ▇▇▇▇ Preferred Shares Beneficially Owned by Such Locked-Up Holder: 117,098 Common Shares Beneficially Owned by Such Locked-Up Holder: 0 LOCKED-UP HOLDER By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Title: Chief Administrative Officer Address: ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇/▇▇▇▇▇/▇▇▇: ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Country: USA Telecopy: ▇▇▇ ▇▇▇ ▇▇▇▇ Preferred Shares Beneficially Owned by Such Locked-Up Holder: 216,000 Common Shares Beneficially Owned by Such Locked-Up Holder: N/A LOCKED-UP HOLDER By: /s/ J. ▇▇▇▇▇ ▇▇▇▇ Name: J. ▇▇▇▇▇ ▇▇▇▇ Title: Vice President of LKCM Alternative Management, LLC, general partner of LKCM Private Discipline Management, L.P., general partner of LKCM Private Discipline Master Fund, SPC Address: ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇. ▇▇▇▇▇ ▇▇▇▇ City/State/Zip: ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ Country: USA Telecopy: ▇▇▇-▇▇▇-▇▇▇▇ Preferred Shares Beneficially Owned by Such Locked-Up Holder: 100,000 Common Shares Beneficially Owned by Such Locked-Up Holder: N/A This Joinder to the Lock-Up Agreement, dated as of July 9, 2010, by and among the Locked-Up Holders signatory thereto (the "Agreement"), is executed and delivered by _________________ (the "Joining Party") as of __________, 2010. Each capitalized term used herein but not otherwise defined shall have the meaning set forth in the Agreement.

Appears in 1 contract

Sources: Lock Up Agreement (Amalgamated Gadget Lp)

Further Acknowledgement. The parties to this Agreement agree and acknowledge that certain Locked-Up Holders are executing this Agreement as investment advisors for, and on behalf of, certain investment funds identified on such Locked-Up Holders’ signature pages. Notwithstanding the foregoing, by executing this Agreement, each such Locked-Up Holder executing this Agreement in such capacity further represents and warrants to the other Locked-Up Holders that (i) it has the requisite power and authority to agree to all of the matters set forth in this Agreement with respect to the Company Emmis securities such Locked-Up Holder beneficially owns (including those set forth on its signature page), (ii) it has the full authority on behalf of all such funds to vote, transfer and hold all the Company Emmis securities such Locked-Up Holder beneficially owns, and (iii) it has all requisite power and authority to enter into this Agreement and to perform its respective obligations under, this Agreement, on behalf of each such fund. In Witness Whereof, each of the parties hereto has caused this Agreement to be executed and delivered by its duly authorized officer as of the date first above written. LOCKED-UP HOLDER DJD GROUP By: /s/ ▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇ ▇▇▇▇▇▇▇▇ Title: General Partner Address: City▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ #▇▇▇ ▇▇▇▇/State▇▇▇▇▇/Zip▇▇▇: ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Country: USA Telecopy: Convertible Notes ▇▇▇ ▇▇▇ ▇▇▇▇ Preferred Shares Beneficially Owned by Such Locked-Up Holder: 101,210 Common Shares Beneficially Owned by Such Locked-Up Holder: 0 LOCKED-UP HOLDER DOUBLE DIAMOND PARTNERS By: /s/ ▇▇▇▇▇ ▇. Fight Name: ▇▇▇▇▇ ▇. Fight Title: General Partner Address: ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Ct. City/State/Zip: Brecksville, OH 44141 Country: US Telecopy: Preferred Shares Beneficially Owned by Such Locked-Up Holder: 51,000 Common Shares Beneficially Owned by Such Locked-Up Holder:: LOCKED-UP HOLDER ▇▇▇▇▇▇ FAMILY FOUNDATION By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: President Address: ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ City/State/Zip: Houston, TX 77027 Country: United States Telecopy: ▇▇▇ ▇▇▇ ▇▇▇▇ Preferred Shares Beneficially Owned by Such Locked-Up Holder: 10,000 Common Shares Beneficially Owned by Such Locked-Up Holder: N/A LOCKED-UP HOLDER ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Address: ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ City/State/Zip: Houston, TX 77027 Country: United States Telecopy: ▇▇▇ ▇▇▇ ▇▇▇▇ Preferred Shares Beneficially Owned by Such Locked-Up Holder: 37,500 Common Shares Beneficially Owned by Such Locked-Up Holder: N/A LOCKED-UP HOLDER R2 INVESTMENTS, LDC By: Amalgamated Gadget, L.P, its Investment Manager By: Scepter Holdings, Inc., its General Partner By: /s/ ▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇ Title: CFO & Treasurer Address: ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇/▇▇▇▇▇/▇▇▇: ▇▇. ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Country: USA Telecopy: ▇▇▇ ▇▇▇ ▇▇▇▇ Preferred Shares Beneficially Owned by Such Locked-Up Holder: 337,050 Common Shares Beneficially Owned by Such Locked-Up Holder: zero LOCKED-UP HOLDER ZAZOVE AGGRESSIVE GROWTH FUND, L.P. By: Zazove Associates LLC, its General Partner By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Chief Operating Officer Address: ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇. ▇▇▇▇/▇▇▇▇▇/▇▇▇: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Country: USA Telecopy: ▇▇▇ ▇▇▇ ▇▇▇▇ Preferred Shares Beneficially Owned by Such Locked-Up Holder: 117,098 Common Shares Beneficially Owned by Such Locked-Up Holder: 0 LOCKED-UP HOLDER THIRD POINT LLC By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Title: Chief Administrative Officer Address: ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇/▇▇▇▇▇/▇▇▇: ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Country: USA Telecopy: ▇▇▇ ▇▇▇ ▇▇▇▇ Preferred Shares Beneficially Owned by Such Locked-Up Holder: 216,000 Common Shares Beneficially Owned by Such Locked-Up Holder: N/A LOCKED-UP HOLDER LKCM PRIVATE DISCIPLINE MASTER FUND, SPC By: /s/ J. ▇▇▇▇▇ ▇▇▇▇ Name: J. ▇▇▇▇▇ ▇▇▇▇ Title: Vice President of LKCM Alternative Management, LLC, general partner of LKCM Private Discipline Management, L.P., general partner of LKCM Private Discipline Master Fund, SPC Address: ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇. ▇▇▇▇▇ ▇▇▇▇ City/State/Zip: ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ Country: USA Telecopy: ▇▇▇-▇▇▇-▇▇▇▇ Preferred Shares Beneficially Owned by Such Locked-Up Holder: 100,000 Common Shares Beneficially Owned by Such Locked-Up Holder: N/A

Appears in 1 contract

Sources: Lock Up Agreement (Emmis Communications Corp)

Further Acknowledgement. The parties to this Agreement agree and acknowledge that certain Locked-Up Holders are executing this Agreement as investment advisors for, and on behalf of, certain investment funds identified on such Locked-Up Holders’ signature pages. Notwithstanding the foregoing, by executing this Agreement, each such Locked-Up Holder executing this Agreement in such capacity further represents and warrants to the other Locked-Up Holders that (i) it has the requisite power and authority to agree to all of the matters set forth in this Agreement with respect to the Company Emmis securities such Locked-Up Holder beneficially owns (including those set forth on its signature page), (ii) it has the full authority on behalf of all such funds to vote, transfer and hold all the Company Emmis securities such Locked-Up Holder beneficially owns, and (iii) it has all requisite power and authority to enter into this Agreement and to perform its respective obligations under, this Agreement, on behalf of each such fund. * * * * * In Witness Whereof, each of the parties hereto has caused this Agreement to be executed and delivered by its duly authorized officer as of the date first above written. LOCKED-UP HOLDER DJD GROUP By: /s/ Don DeFos▇▇▇ Name: Don DeFos▇▇▇ Title: General Partner Address: City3203 Bays▇▇▇▇ ▇▇▇▇ #▇▇▇ ▇▇▇▇/State▇▇▇▇▇/Zip▇▇▇: Country▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇: USA Telecopy: Convertible Notes 813 902 9▇▇▇ ▇▇▇▇▇▇▇ed Shares Beneficially Owned by Such Locked-Up Holder: 101,210 Common Shares Beneficially Owned by Such Locked-Up Holder: 0 LOCKED-UP HOLDER DOUBLE DIAMOND PARTNERS By: /s/ Kevan A. ▇▇▇▇▇ Name: Kevan A. ▇▇▇▇▇ Title: General Partner Address: 6787 Walt▇▇ ▇▇▇▇▇ ▇▇. ▇▇▇▇/State/Zip: Brecksville, OH 44141 Country: US Telecopy: Preferred Shares Beneficially Owned by Such Locked-Up Holder: 51,000 Common Shares Beneficially Owned by Such Locked-Up Holder:: LOCKED-UP HOLDER RADOFF FA▇▇▇▇ ▇OUNDATION By: /s/ Bradley L. ▇▇▇▇▇▇ Name: Bradley L. ▇▇▇▇▇▇ Title: President Address: 1177 West ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇/▇▇▇te/Zip: Houston, TX 77027 Country: United States Telecopy: 832 202 0▇▇▇ ▇▇▇▇▇▇▇ed Shares Beneficially Owned by Such Locked-Up Holder: 10,000 Common Shares Beneficially Owned by Such Locked-Up Holder: N/A LOCKED-UP HOLDER BRADLEY L. ▇▇▇▇▇▇ ▇y: /s/ Bradley L. ▇▇▇▇▇▇ Name: Bradley L. ▇▇▇▇▇▇ Title: Address: 1177 West ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇/▇▇▇te/Zip: Houston, TX 77027 Country: United States Telecopy: 832 202 0▇▇▇ ▇▇▇▇▇▇▇ed Shares Beneficially Owned by Such Locked-Up Holder: 37,500 Common Shares Beneficially Owned by Such Locked-Up Holder: N/A LOCKED-UP HOLDER R2 INVESTMENTS, LDC By: Amalgamated Gadget, L.P, its Investment Manager By: Scepter Holdings, Inc., its General Partner By: /s/ Noel Ness▇▇ Name: Noel Ness▇▇ Title: CFO & Treasurer Address: 301 Comme▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇/▇▇▇▇▇/▇▇▇: ▇▇. ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇: USA Telecopy: 817 332 7▇▇▇ ▇▇▇▇▇▇▇ed Shares Beneficially Owned by Such Locked-Up Holder: 337,050 Common Shares Beneficially Owned by Such Locked-Up Holder: zero LOCKED-UP HOLDER ZAZOVE AGGRESSIVE GROWTH FUND, L.P. By: Zazove Associates LLC, its General Partner By: /s/ Steven M. ▇▇▇▇▇▇▇ Name: Steven M. ▇▇▇▇▇▇▇ Title: Chief Operating Officer Address: 1001 Taho▇ ▇▇▇▇. ▇▇▇▇/▇▇▇▇▇/▇▇▇: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇: USA Telecopy: 847 239 7▇▇▇ ▇▇▇▇▇▇▇ed Shares Beneficially Owned by Such Locked-Up Holder: 117,098 Common Shares Beneficially Owned by Such Locked-Up Holder: 0 LOCKED-UP HOLDER THIRD POINT LLC By: /s/ James P. ▇▇▇▇▇▇▇▇▇ Name: James P. ▇▇▇▇▇▇▇▇▇ Title: Chief Administrative Officer Address: 390 Park ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇/▇▇▇▇▇/▇▇▇: ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇: USA Telecopy: 212 318 3▇▇▇ ▇▇▇▇▇▇▇ed Shares Beneficially Owned by Such Locked-Up Holder: 216,000 Common Shares Beneficially Owned by Such Locked-Up Holder: N/A LOCKED-UP HOLDER LKCM PRIVATE DISCIPLINE MASTER FUND, SPC By: /s/ J. Bryan Kin▇ Name: J. Bryan Kin▇ Title: Vice President of LKCM Alternative Management, LLC, general partner of LKCM Private Discipline Management, L.P., general partner of LKCM Private Discipline Master Fund, SPC Address: 301 Comme▇▇▇ ▇▇▇▇▇▇. ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇/▇▇▇te/Zip: Fort Wort▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇: USA Telecopy: 817-332-4▇▇▇ ▇▇▇▇▇▇▇ed Shares Beneficially Owned by Such Locked-Up Holder: 100,000 Common Shares Beneficially Owned by Such Locked-Up Holder: N/A

Appears in 1 contract

Sources: Lock Up Agreement (Emmis Communications Corp)

Further Acknowledgement. The parties to this Agreement agree and acknowledge that certain Locked-Up Holders are executing this Agreement as investment advisors for, and on behalf of, certain investment funds identified on such Locked-Up Holders’ signature pages. Notwithstanding the foregoing, by executing this Agreement, each such Locked-Up Holder executing this Agreement in such capacity further represents and warrants to the other Locked-Up Holders that (i) it has the requisite power and authority to agree to all of the matters set forth in this Agreement with respect to the Company Emmis securities such Locked-Up Holder beneficially owns (including those set forth on its signature page), (ii) it has the full authority on behalf of all such funds to vote, transfer and hold all the Company Emmis securities such Locked-Up Holder beneficially owns, and (iii) it has all requisite power and authority to enter into this Agreement and to perform its respective obligations under, this Agreement, on behalf of each such fund. In Witness Whereof, each of the parties hereto has caused this Agreement to be executed and delivered by its duly authorized officer as of the date first above written. LOCKED-UP HOLDER DJD GROUP By: /s/ ▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇ ▇▇▇▇▇▇▇▇ Title: General Partner Address: City▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ #▇▇▇ ▇▇▇▇/State▇▇▇▇▇/Zip▇▇▇: ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Country: USA Telecopy: Convertible Notes Beneficially Owned by Such Locked-Up Holder: ▇▇▇ ▇▇▇ ▇▇▇▇ Preferred Shares Beneficially Owned by Such Locked-Up Holder: 101,210 Common Shares Beneficially Owned by Such Locked-Up Holder:: 0 LOCKED-UP HOLDER DOUBLE DIAMOND PARTNERS By: /s/ ▇▇▇▇▇ ▇. Fight Name: ▇▇▇▇▇ ▇. Fight Title: General Partner Address: ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Ct. City/State/Zip: Brecksville, OH 44141 Country: US Telecopy: _____________________________ Preferred Shares Beneficially Owned by Such Locked-Up Holder: 51,000 Common Shares Beneficially Owned by Such Locked-Up Holder: ___________________________ LOCKED-UP HOLDER ▇▇▇▇▇▇ FAMILY FOUNDATION By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: President Address: ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ City/State/Zip: Houston, TX 77027 Country: United States Telecopy: ▇▇▇ ▇▇▇ ▇▇▇▇ Preferred Shares Beneficially Owned by Such Locked-Up Holder: 10,000 Common Shares Beneficially Owned by Such Locked-Up Holder: N/A LOCKED-UP HOLDER ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Address: ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ City/State/Zip: Houston, TX 77027 Country: United States Telecopy: ▇▇▇ ▇▇▇ ▇▇▇▇ Preferred Shares Beneficially Owned by Such Locked-Up Holder: 37,500 Common Shares Beneficially Owned by Such Locked-Up Holder: N/A LOCKED-UP HOLDER R2 INVESTMENTS, LDC By: Amalgamated Gadget, L.P, its Investment Manager By: Scepter Holdings, Inc., its General Partner By: /s/ ▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇ Title: CFO & Treasurer Address: ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇/▇▇▇▇▇/▇▇▇: ▇▇. ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Country: USA Telecopy: ▇▇▇ ▇▇▇ ▇▇▇▇ Preferred Shares Beneficially Owned by Such Locked-Up Holder: 337,050 Common Shares Beneficially Owned by Such Locked-Up Holder: zero LOCKED-UP HOLDER

Appears in 1 contract

Sources: Lock Up Agreement (King Luther Capital Management Corp)