X0303 4 2010-05-07 0 0001023364 AUTOBYTEL INC ABTL 0001235152 CCM MASTER QUALIFIED FUND LTD C/O MORGAN STANLEY FUND SERVICES (CAYMAN LTD CENTURY YARD CRICKET SQ HUTCHINGS DR PO BOX 2681 GEORGE TOWN E9 00000 CAYMAN ISLANDS 0 0 1 0 0001162675 COGHILL CAPITAL MANAGEMENT LLC 1 N WACKER DR STE 4350 CHICAGO IL 60606 0 0 1 0 0001235155 COGHILL CLINT D 0 0 1 0 Equity Swap 0.54 2010-05-07 4 S 1 8454 1.02 D 2009-04-30 2012-05-04 ABTL Common Stock 8454 329327 D Equity Swap 0.54 2010-05-07 4 S 1 84922 1.02 D 2009-04-30 2012-05-04 ABTL Common Stock 84922 3637465 I Indirectly by Coghill Capital Management, LLC and Clint D. Coghill The Reporting Person disclaims beneficial ownership of the securities to the extent of its pecuniary interest therein. Principal of investment manager or investment manager to the investment management entity in whose account the reported securities are held. The reported transaction relates to the sale of the subject securities by CCM SPV II, LLC, a private investment vehicle managed by Coghill Capital Management, L.L.C., and which received the subject securities in connection with certain in-kind redemptions by investors from CCM Master Qualified Fund, Ltd. CCM SPV II, LLC is not (and never has been) itself a "10% owner" subject to Section 16. Further, Coghill Capital Management, L.L.C. and Clint D. Coghill have no pecuniary interest in CCM SPV II, LLC or the subject securities. Under the terms of these total return equity swap agreements (the "Swaps") (i) CCM Master Qualified Fund, Ltd or CCM SPV II, LLC, as the case may be, will be obligated to pay to the counterparty any capital depreciation of the reference shares as of maturity, plus interest, and (ii) the counterparty will be obligated to pay to the CCM Master Qualified Fund, Ltd or CCM SPV II, LLC, as the case may be, any capital appreciation of the reference shares as of maturity. Any dividends received by the counterparty on the reference shares during the term of the Swaps will be paid to CCM Master Qualified Fund, Ltd or CCM SPV II, LLC, as the case may be. All balances will be cash settled at maturity and there will be no transfer of voting or dispositive power over the reference shares. CCM Master Qualified Fund, Ltd 2010-05-11 Coghill Capital Management, LLC 2010-05-11 Clint D. Coghill 2010-05-11