(c)
Plans. Except as described above and in the sections of the Prospectus/Offer to Exchange titled "Risk Factors" and "The Offer and Consent Solicitation," which are incorporated herein by reference, neither the Company, nor any of its directors, executive officers, or controlling persons, or any executive officers, directors, managers, or partners of its controlling persons, has any plans, proposals, or negotiations that relate to or would result in: (1) any extraordinary transaction, such as a merger, reorganization, or liquidation, involving the Company or any of its subsidiaries; (2) any purchase, sale, or transfer of a material amount of assets of the Company or any of its subsidiaries; (3) any material change in the present dividend rate or policy, or indebtedness or capitalization of the Company; (4) any change in the present board of directors or management of the Company, including, but not limited to, any plans or proposals to change the number or the term of directors or to fill any existing vacancies on the board or to change any material term of the employment contract of any executive officer; (5) any other material change in the Company's corporate structure or business; (6) any class of equity securities of the Company to be delisted from The Nasdaq Global Market; (7) any class of equity securities of the Company becoming eligible for termination of registration under Section 12(g)(4) of the Securities Exchange Act of 1934, as amended (the "Exchange Act"); (8) the suspension of the Company's obligation to file reports under Section 15(d) of the Exchange Act; (9) the acquisition by any person of additional securities of the Company, or the disposition of securities of the Company; or (10) any changes in the Company's charter, bylaws, or other governing instruments or other actions that could impede the acquisition of control of the Company.
Item 7. Source and Amount of Funds or Other Consideration.
(a)
Source of Funds. The information set forth in the section of the Prospectus/Offer to Exchange titled "Market Information, Dividends, and Related Stockholder Matters - Source and Amount of Funds" is incorporated herein by reference.
(b)
Conditions. Not applicable.
(c)
Borrowed Funds. Not applicable.
Item 8. Interest in Securities of the Subject Company.
(a)
Securities Ownership. The information set forth in the section of the Prospectus/Offer to Exchange titled "The Offer and Consent Solicitation - Interests of Directors, Executive Officers, and Others" is incorporated herein by reference.
(b)
Securities Transactions. Except as set forth in the section of the Prospectus/Offer to Exchange titled "Market Information, Dividends, and Related Stockholder Matters - Transactions and Agreements Concerning Our Securities," which is incorporated herein by reference, neither the Company, nor any of its directors, executive officers, or controlling persons, or any executive officers, directors, managers, or partners of any of its controlling persons, has engaged in any transactions in the Company's warrants in the last 60 days.
Item 9. Persons/Assets, Retained, Employed, Compensated, or Used.
(a)
Solicitations or Recommendations. The information set forth in the section of the Prospectus/Offer to Exchange titled "Market Information, Dividends, and Related Stockholder Matters - Fees and Expenses" is incorporated herein by reference. None of the Company, its management, its board of directors, or the dealer manager, the information agent, or the exchange agent for the Offer is making any recommendation as to whether holders of warrants should tender warrants for exchange in the Offer.
Item 10. Financial Statements.
(a)
Financial Information. The financial statements and other financial information of the Company included in the Prospectus/Offer to Exchange are incorporated herein by reference. The full text of such financial statements and other financial information, as well as the other documents the Company has filed with the U.S. Securities and Exchange Commission (the "SEC") prior to, or will