EX-99 3 exi-sc13da2_nyt.htm EXHIBIT I

 

CUSIP No. 650111107

 

 

EXHIBIT I

TRANSACTIONS IN THE CLASS A COMMON STOCK OF THE ISSUER

TRANSACTIONS BY HARBINGER CAPITAL PARTNERS NY, LLC

 

Date of

 

Number of Shares

 

Price per Share

 

 

Transaction

 

Purchase (Sold)

 

 

 

 

 

 

 

 

 

 

 

2/19/2008

 

  60,000

 

$19.0303

 

 

2/19/2008

 

803,520

 

$19.4242

 

 

2/19/2008

 

142,098

 

$19.4501

 

 

2/19/2008

 

363,766

 

$19.3655

 

 

2/19/2008

 

521,596

 

$19.5785

 

 

2/19/2008

 

  40,000

 

$19.0303

 

 

2/19/2008

 

535,680

 

$19.4242

 

 

2/19/2008

 

  94,732

 

$19.4501

 

 

2/19/2008

 

242,511

 

$19.3655

 

 

2/19/2008

 

347,731

 

$19.5785

 

 

2/20/2008

 

157,800

 

$20.2926

 

 

2/20/2008

 

300,000

 

$20.4845

 

 

2/20/2008

 

846,000

 

$20.6946

 

 

2/20/2008

 

  57,300

 

$20.4398

 

 

2/20/2008

 

  38,200

 

$20.4398

 

 

2/20/2008

 

105,200

 

$20.2926

 

 

2/20/2008

 

200,000

 

$20.4845

 

 

2/20/2008

 

564,000

 

$20.6946

 

 

 

Since the date of the filing of Amendment No. 1, the Master Fund contributed 2,433,422 previously owned Shares to Master Fund’s capital account in Harbinger NY. Such Shares were previously reported as deemed beneficially owned by Master Fund, Harbinger Manager, HMC Investors, HMC and Messrs. Falcone, Harbert and Luce. Such Shares may continue to be deemed beneficially owned by such Reporting Persons following the contribution and may also be deemed to be owned by Harbinger NY.

Since the date of the filing of Amendment No. 1, the Special Fund contributed 1,216,661 previously owned Shares to Special Fund’s capital account in Harbinger NY. Such Shares were previously reported as deemed beneficially owned by Special Fund, HCPSS, HMCNY, HMC and Messrs. Falcone, Harbert and Luce. Such Shares may continue to be deemed beneficially owned by such Reporting Persons following the contribution and may also be deemed to be owned by Harbinger NY.

 

 

 

 

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