* |
If the form is filed by more than one reporting person, see Instruction 5(b)(v). |
** |
Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). |
(1) |
The reporting person is co-trustee for certain trusts that may be deemed to be, for purposes of Section 16 of the Securities Exchange Act of 1934, as amended (the "Act"), or otherwise, the beneficial owner of certain securities of the Issuer, including 2,050,000 shares owned by Perot Family Trust. The reporting person, as co-trustee, may be deemed to beneficially own securities beneficially owned by Perot Family Trust. The reporting person disclaims beneficial ownership of the securities owned by Perot Family Trust, except to the extent of the pecuniary interest of such person in such securities. |
(2) |
Perot Family Trust may be deemed to be a member of a group for the purposes of Section 13(d) or 13(g) of the Act with eleven other stockholders of Issuer, as described in a Schedule 13D filed with the Securities and Exchange Commission on September 30, 2009. Each member of the group, including Perot Family Trust, entered into a Tender and Voting Agreement with the Issuer, Dell Inc. and DII - Holdings Inc. in connection with those certain tender offer and merger transactions proposed to be entered into between the Issuer, Dell Inc. and DII - Holdings Inc., whereby each member of the group agreed to tender its shares in Issuer and to vote or take such other necessary actions in support of the tender offer and merger. |
(3) |
The reporting person and each member of the group declares that neither the filing of this statement nor anything herein shall be construed as an admission that such person is, for the purposes of Section 13(d) or 13(g) of the Act or any other purpose, a member of a group with respect to the Issuer or securities of the Issuer. |