-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, VY9hRVevFrvak0+VtsvkCzFMLmmPOcux/oq7IohWgSuwozv28XaWVCoxQHVNTREE qjO2OSq78T2VpK56tTg45Q== 0001013594-09-001633.txt : 20091106 0001013594-09-001633.hdr.sgml : 20091106 20091106163352 ACCESSION NUMBER: 0001013594-09-001633 CONFORMED SUBMISSION TYPE: SC 13G PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20091106 DATE AS OF CHANGE: 20091106 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: BON TON STORES INC CENTRAL INDEX KEY: 0000878079 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-DEPARTMENT STORES [5311] IRS NUMBER: 232835229 STATE OF INCORPORATION: PA FISCAL YEAR END: 0131 FILING VALUES: FORM TYPE: SC 13G SEC ACT: 1934 Act SEC FILE NUMBER: 005-41835 FILM NUMBER: 091165171 BUSINESS ADDRESS: STREET 1: 2801 E MARKET ST CITY: YORK STATE: PA ZIP: 17402-2406 BUSINESS PHONE: 7177577660 MAIL ADDRESS: STREET 1: P O BOX 2821 CITY: YORK STATE: PA ZIP: 17405-2821 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: Troob Capital Management LLC CENTRAL INDEX KEY: 0001317574 IRS NUMBER: 421532035 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G BUSINESS ADDRESS: STREET 1: 777 WESTCHESTER AVENUE, SUITE 203 CITY: WHITE PLAINS STATE: NY ZIP: 10604 BUSINESS PHONE: (914) 694-5777 MAIL ADDRESS: STREET 1: 777 WESTCHESTER AVENUE, SUITE 203 CITY: WHITE PLAINS STATE: NY ZIP: 10604 SC 13G 1 bonton13g-110609.htm NOVEMBER 6, 2009

 


SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

SCHEDULE 13G

(RULE 13d - 102)

INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT TO 13d-1(b), (c) AND (d) AND AMENDMENTS THERETO FILED PURSUANT TO 13d-2(b)

(Amendment No. )*

The Bon-Ton Stores, Inc.

(Name of Issuer)

Common Stock, par value $ .01

(Title of Class of Securities)

09776J101

(CUSIP Number)

October 27, 2009

(Date of Event which Requires Filing of this Statement)

Check the appropriate box to designate the rule pursuant to which this Schedule is filed:

o      Rule 13d-1(b)

x      Rule 13d-1(c)

o      Rule 13d-1(d)

*The remainder of this cover page shall be filled out for a reporting person’s initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosures provided in a prior cover page.

The information required on the remainder of this cover page shall not be deemed to be “filed” for the purpose of Section 18 of the Securities Exchange Act of 1934 or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).

 

 


1.

NAMES OF REPORTING PERSONS

I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)

TCM MPS Series Fund LP – Distressed Series

2.

CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP*

(a)

x

(b)

o

3.

SEC USE ONLY

4.

CITIZENSHIP OR PLACE OF ORGANIZATION

Delaware

NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH:

5.

SOLE VOTING POWER

0

6.

SHARED VOTING POWER

411,481

7.

SOLE DISPOSITIVE POWER

0

8.

SHARED DISPOSITIVE POWER

411,481

9.

AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON

411,481

10.

CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9)

 

EXCLUDES CERTAIN SHARES*  

o

11.

PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)

2.6%

12.

TYPE OF REPORTING PERSON*

PN

*SEE INSTRUCTIONS BEFORE FILLING OUT!

 


1.

NAMES OF REPORTING PERSONS

I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)

TCM MPS Series Fund LP – Crossways Series

2.

CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP*

(a)

x

(b)

o

3.

SEC USE ONLY

4.

CITIZENSHIP OR PLACE OF ORGANIZATION

Delaware

NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH:

5.

SOLE VOTING POWER

0

6.

SHARED VOTING POWER

57,482

7.

SOLE DISPOSITIVE POWER

0

8.

SHARED DISPOSITIVE POWER

57,482

9.

AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON

57,482

10.

CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9)

 

EXCLUDES CERTAIN SHARES*  

o

11.

PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)

0.4%

12.

TYPE OF REPORTING PERSON*

PN

*SEE INSTRUCTIONS BEFORE FILLING OUT!

 


1.

NAMES OF REPORTING PERSONS

I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)

TCM MPS LTD. SPC – Distressed Segregated Portfolio

2.

CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP*

(a)

x

(b)

o

3.

SEC USE ONLY

4.

CITIZENSHIP OR PLACE OF ORGANIZATION

Cayman Islands

NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH:

5.

SOLE VOTING POWER

0

6.

SHARED VOTING POWER

264,359

7.

SOLE DISPOSITIVE POWER

0

8.

SHARED DISPOSITIVE POWER

264,359

9.

AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON

264,359

10.

CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9)

 

EXCLUDES CERTAIN SHARES*  

o

11.

PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)

1.7%

12.

TYPE OF REPORTING PERSON*

CO

*SEE INSTRUCTIONS BEFORE FILLING OUT!

 


1.

NAMES OF REPORTING PERSONS

I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)

TCM MPS LTD. SPC – ORYX Segregated Portfolio

2.

CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP*

(a)

x

(b)

o

3.

SEC USE ONLY

4.

CITIZENSHIP OR PLACE OF ORGANIZATION

Cayman Islands

NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH:

5.

SOLE VOTING POWER

0

6.

SHARED VOTING POWER

150,000

7.

SOLE DISPOSITIVE POWER

0

8.

SHARED DISPOSITIVE POWER

150,000

9.

AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON

150,000

10.

CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9)

 

EXCLUDES CERTAIN SHARES*  

o

11.

PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)

1.0%

12.

TYPE OF REPORTING PERSON*

CO

*SEE INSTRUCTIONS BEFORE FILLING OUT!

 


1.

NAMES OF REPORTING PERSONS

I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)

Troob Capital Management LLC

2.

CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP*

(a)

x

(b)

o

3.

SEC USE ONLY

4.

CITIZENSHIP OR PLACE OF ORGANIZATION

Delaware

NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH:

5.

SOLE VOTING POWER

0

6.

SHARED VOTING POWER

468,963

7.

SOLE DISPOSITIVE POWER

0

8.

SHARED DISPOSITIVE POWER

468,963

9.

AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON

468,963

10.

CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9)

 

EXCLUDES CERTAIN SHARES*  

o

11.

PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)

3.0%

12.

TYPE OF REPORTING PERSON*

OO

*SEE INSTRUCTIONS BEFORE FILLING OUT!

 


1.

NAMES OF REPORTING PERSONS

I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)

Troob Capital Management (Offshore) LLC

2.

CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP*

(a)

x

(b)

o

3.

SEC USE ONLY

4.

CITIZENSHIP OR PLACE OF ORGANIZATION

Delaware

NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH:

5.

SOLE VOTING POWER

0

6.

SHARED VOTING POWER

414,359

7.

SOLE DISPOSITIVE POWER

0

8.

SHARED DISPOSITIVE POWER

414,359

9.

AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON

414,359

10.

CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9)

 

EXCLUDES CERTAIN SHARES*  

o

11.

PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)

2.7%

12.

TYPE OF REPORTING PERSON*

OO

*SEE INSTRUCTIONS BEFORE FILLING OUT!

 


1.

NAMES OF REPORTING PERSONS

I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)

Douglas M. Troob

2.

CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP*

(a)

x

(b)

o

3.

SEC USE ONLY

4.

CITIZENSHIP OR PLACE OF ORGANIZATION

United States

NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH:

5.

SOLE VOTING POWER

0

6.

SHARED VOTING POWER

883,322

7.

SOLE DISPOSITIVE POWER

0

8.

SHARED DISPOSITIVE POWER

883,322

9.

AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON

883,322

10.

CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9)

 

EXCLUDES CERTAIN SHARES*  

o

11.

PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)

5.7%

12.

TYPE OF REPORTING PERSON*

IN, HC

*SEE INSTRUCTIONS BEFORE FILLING OUT!

 


1.

NAMES OF REPORTING PERSONS

I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)

Peter J. Troob

2.

CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP*

(a)

x

(b)

o

3.

SEC USE ONLY

4.

CITIZENSHIP OR PLACE OF ORGANIZATION

United States

NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH:

5.

SOLE VOTING POWER

0

6.

SHARED VOTING POWER

883,322

7.

SOLE DISPOSITIVE POWER

0

8.

SHARED DISPOSITIVE POWER

883,322

9.

AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON

883,322

10.

CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9)

 

EXCLUDES CERTAIN SHARES*  

o

11.

PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)

5.7%

12.

TYPE OF REPORTING PERSON*

IN, HC

*SEE INSTRUCTIONS BEFORE FILLING OUT!

 


This statement is filed with respect to the shares of common stock (as defined below) beneficially owned by the Reporting Persons (as defined below) as of November 4, 2009.

ITEM 1(a).

NAME OF ISSUER:

The Bon-Ton Stores, Inc. (“Issuer”)

ITEM 1(b).

ADDRESS OF ISSUER’S PRINCIPAL EXECUTIVE OFFICES:

2801 East Market Street

York, Pennsylvania 17402

ITEM 2(a).

NAME OF PERSON FILING:

The names of the persons filing this statement on Schedule 13G are (collectively, the “Reporting Persons”):

 

TCM MPS Series Fund LP – Distressed Series (the “DS Fund”),

 

TCM MPS Series Fund LP – Crossways Series (the “Crossways Fund”),

 

TCM MPS Ltd. SPC - Distressed Segregated Portfolio (the “Distressed Segregated Portfolio”),

 

TCM MPS Ltd. SPC - ORYX Segregated Portfolio (the “ORYX Portfolio”),

 

Troob Capital Management LLC (“Management LLC”),

 

Troob Capital Management (Offshore) LLC (“Offshore Management LLC”),

 

Douglas M. Troob and

 

Peter J. Troob.

Management LLC is the general partner of each of the DS Fund and the Crossways Fund. Offshore Management LLC is the investment manager of each of the Distressed Segregated Portfolio and ORYX Portfolio. Douglas Troob and Peter Troob are the managing members of each of Management LLC and Offshore Management LLC.

ITEM 2(b).

ADDRESS OF PRINCIPAL BUSINESS OFFICE OR, IF NONE, RESIDENCE:

The principal business address for each of the DS Fund, Crossways Fund, Management LLC, Offshore Management LLC, Douglas Troob and Peter Troob is 777 Westchester Avenue, Suite 203, White Plains, New York 10604.

The principal business address of each of the Distressed Segregated Portfolio and ORYX Portfolio is Appleby Trust (Cayman) Ltd., Clifton House, 75 Fort Street, P.O. Box 1350, Grand Cayman KY1-1108, Cayman Islands.

ITEM 2(c).

CITIZENSHIP:

Each of DS Fund and Crossways Fund is a Delaware limited partnership.

Each of the Distressed Segregated Portfolio and ORYX Portfolio is a Cayman Islands exempted company.

Each of Management LLC and Offshore Management LLC is a Delaware limited liability company.

 


Each of Douglas Troob and Peter Troob is a citizen of the United States.

ITEM 2(d).

TITLE OF CLASS OF SECURITIES:

Common Stock, par value $.01 per share (the “Common Stock”)

ITEM 2(e).

CUSIP NUMBER:

09776J101

ITEM 3.

IF THIS STATEMENT IS FILED PURSUANT TO RULE 13d-1(b), OR 13d-2(b) OR (c), CHECK WHETHER THE PERSON FILING IS A:

 

(a)

o

Broker or dealer registered under Section 15 of the Exchange Act.

(b)

o

Bank as defined in Section 3(a)(6) of the Exchange Act.

(c)

o

Insurance company defined in Section 3(a)(19) of the Exchange Act.

(d)

o

Investment company registered under Section 8 of the Investment Company Act.

(e)

o

An investment adviser in accordance with Rule 13d-1(b)(1)(ii)(E).

(f)

o

An employee benefit plan or endowment fund in accordance with Rule 13d-1(b)(1)(ii)(F).

(g)

o

A parent holding company or control person in accordance with Rule 13d-1(b)(1)(ii)(G).

(h)

o

A savings association as defined in Section 3(b) of the Federal Deposit Insurance Act.

(i)

o

A church plan that is excluded from the definition of an investment company under Section 3(c)(14) of the Investment Company Act;

(j)

o

Group, in accordance with Rule 13d-1(b)(1)(ii)(J).

 

If this statement is filed pursuant to Rule 13d-1(c), check this box x

ITEM 4.

OWNERSHIP.

Provide the following information regarding the aggregate number and percentage of the class of securities of the issuer identified in Item 1.

 

(a)

Amount beneficially owned:

Collectively, the Reporting Persons beneficially own 883,322 shares of Common Stock.

The DS Fund individually beneficially owns 411,481 shares of Common Stock, consisting of: (i) 114,681 shares of Common Stock and (ii) call options exercisable for an additional 296,800 shares of Common Stock.

 


The Crossways Fund individually beneficially owns 57,482 shares of Common Stock, consisting of: (i) 33,882 shares of Common Stock and (ii) call options exercisable for an additional 23,600 shares of Common Stock.

The Distressed Segregated Portfolio individually beneficially owns 264,359 shares of Common Stock, consisting of: (i) 74,659 shares of Common Stock and (ii) call options exercisable for an additional 189,700 shares of Common Stock.

The ORYX Segregated Portfolio individually beneficially owns call options exercisable for 150,000 shares of Common Stock.

Management LLC is deemed to beneficially own the shares of Common Stock beneficially owned by the DS Fund and the Crossways Fund.

Offshore Management LLC is deemed to beneficially own the shares of Common Stock beneficially owned by the Distressed Segregated Portfolio and ORYX Portfolio.

Douglas Troob and Peter Troob are deemed to beneficially own the shares of Common Stock beneficially owned by Management LLC and Offshore Management LLC.

 

(b)

Percent of Class:

Collectively, the Reporting Persons’ beneficial ownership of 883,322 shares of Common Stock represents 5.7% of the outstanding shares of Common Stock.

The DS Fund’s individual beneficial ownership of 411,481 shares of Common Stock represents 2.6% of all the outstanding shares of Common Stock.

The Crossways Fund’s individual beneficial ownership of 57,482 shares of Common Stock represents 0.4% of all the outstanding shares of Common Stock.

The Distressed Segregated Portfolio’s individual beneficial ownership of 264,359 shares of Common Stock represents 1.7% of all the outstanding shares of Common Stock.

The ORYX Portfolio’s individual beneficial ownership of 150,000 shares of Common Stock represents 1.0% of all the outstanding shares of Common Stock.

Management LLC’s individual beneficial ownership of 468,963 shares of Common Stock represents 3.0% of all the outstanding shares of Common Stock.

Offshore Management LLC’s individual beneficial ownership of 414,359 shares of Common Stock represents 2.7% of all the outstanding shares of Common Stock.

 


Each of Douglas Troob’s and Peter Troob’s individual beneficial ownership of 883,322 shares of Common Stock represents 5.7% of the outstanding shares of Common Stock.

 

(c)

Number of shares as to which such person has:

 

(i)

Sole power to vote or to direct the vote

Not applicable.

 

(ii)

Shared power to vote or to direct the vote of shares of Common Stock:

The DS Fund, Management LLC, Douglas Troob and Peter Troob have the shared power to vote or direct the vote of the 411,481 shares of Common Stock individually beneficially owned by the DS Fund.

The Crossways Fund, Management LLC, Douglas Troob and Peter Troob have the shared power to vote or direct the vote of the 57,482 shares of Common Stock individually beneficially owned by the Crossways Fund.

The Distressed Segregated Portfolio, Offshore Management LLC, Douglas Troob and Peter Troob have the shared power to vote or direct the vote of the 264,359 shares of Common Stock individually beneficially owned by the Distressed Segregated Portfolio.

The ORYX Portfolio, Offshore Management LLC, Douglas Troob and Peter Troob have the shared power to vote or direct the vote of the 150,000 shares of Common Stock individually beneficially owned by the ORYX Portfolio.

 

(iii)

Sole power to dispose or to direct the disposition of shares of Common Stock:

Not applicable.

 

(iv)

Shared power to dispose or to direct the disposition of shares of Common Stock:

The DS Fund, Management LLC, Douglas Troob and Peter Troob have the shared power to dispose or to direct the disposition of the 411,481 shares of Common Stock individually beneficially owned by the DS Fund.

The Crossways Fund, Management LLC, Douglas Troob and Peter Troob have the shared power to dispose or to direct the disposition of the 57,482 shares of Common Stock individually beneficially owned by the Crossways Fund.

The Distressed Segregated Portfolio, Offshore Management LLC, Douglas Troob and Peter Troob have the shared power to dispose or to direct the disposition of the 264,359 shares of Common Stock individually beneficially owned by the Distressed Segregated Portfolio.

 


The ORYX Portfolio, Offshore Management LLC, Douglas Troob and Peter Troob have the shared power to dispose or to direct the disposition of the 150,000 shares of Common Stock individually beneficially owned by the ORYX Portfolio.

ITEM 5.

OWNERSHIP OF FIVE PERCENT OR LESS OF A CLASS.

Not applicable.

ITEM 6.

OWNERSHIP OF MORE THAN FIVE PERCENT ON BEHALF OF ANOTHER PERSON.

Not applicable.

ITEM 7.

IDENTIFICATION AND CLASSIFICATION OF THE SUBSIDIARY WHICH ACQUIRED THE SECURITY BEING REPORTED ON BY THE PARENT HOLDING COMPANY.

Not applicable.

ITEM 8.

IDENTIFICATION AND CLASSIFICATION OF MEMBERS OF THE GROUP.

See Exhibit B attached hereto.

ITEM 9.

NOTICE OF DISSOLUTION OF GROUP.

Not applicable.

ITEM 10. CERTIFICATION.

By signing below the undersigned certifies that, to the best of its or his knowledge and belief, the securities referred to above were not acquired and are not held for the purpose of or with the effect of changing or influencing the control of the issuer of the securities and were not acquired and are not held in connection with or as a participant in any transaction having that purpose or effect.

 


SIGNATURE

After reasonable inquiry and to the best of its knowledge and belief, the undersigned certifies that the information set forth in this statement is true, complete, and correct.

Dated:  

November 6, 2009

 

TCM MPS SERIES FUND LP – DISTRESSED SERIES

By:         Troob Capital Management LLC, as General Partner

 

By:  /s/  Douglas M. Troob

Douglas M. Troob, Managing Member

 

 

TCM MPS SERIES FUND LP – CROSSWAYS SERIES

By:         Troob Capital Management LLC, as General Partner

 

By:  /s/  Douglas M. Troob

Douglas M. Troob, Managing Member

 

 

TCM MPS LTD. SPC – DISTRESSED SEGREGATED PORTFOLIO

By its sole director Troob Directors LLC

 

By:  /s/  Douglas M. Troob

Name:   Douglas M. Troob

Title:     Managing Member

 

 

TCM MPS LTD. SPC – ORYX SEGREGATED PORTFOLIO

By its sole director Troob Directors LLC

 

By:  /s/  Douglas M. Troob

Name:   Douglas M. Troob

Title:     Managing Member

 

 

TROOB CAPITAL MANAGEMENT LLC

 

By:  /s/  Douglas M. Troob

Douglas M. Troob, Managing Member

 

 

 


 

TROOB CAPITAL MANAGEMENT (OFFSHORE) LLC

 

By:  /s/  Douglas M. Troob

Douglas M. Troob, Managing Member

 

 

/s/  Douglas M. Troob

Douglas M. Troob

 

 

/s/  Peter J. Troob

Peter J. Troob

 

 

 

 


EXHIBIT A

JOINT FILING AGREEMENT

The undersigned hereby agree that the statement on Schedule 13G with respect to the Common Stock of The Bon-Ton Stores, Inc. dated as of November 6, 2009 is, and any further amendments thereto signed by each of the undersigned shall be, filed on behalf of each of the undersigned pursuant to and in accordance with the provisions of Rule 13d-1(k) under the Securities Exchange Act of 1934, as amended.

Dated:  

November 6, 2009

 

TCM MPS SERIES FUND LP – DISTRESSED SERIES

By:         Troob Capital Management LLC, as General Partner

 

By:  /s/  Douglas M. Troob

Douglas M. Troob, Managing Member

 

 

TCM MPS SERIES FUND LP – CROSSWAYS SERIES

By:         Troob Capital Management LLC, as General Partner

 

By:  /s/  Douglas M. Troob

Douglas M. Troob, Managing Member

 

 

TCM MPS LTD. SPC – DISTRESSED SEGREGATED PORTFOLIO

By its sole director Troob Directors LLC

 

By:  /s/  Douglas M. Troob

Name:   Douglas M. Troob

Title:     Managing Member

 

 

TCM MPS LTD. SPC – ORYX SEGREGATED PORTFOLIO

By its sole director Troob Directors LLC

 

By:  /s/  Douglas M. Troob

Name:   Douglas M. Troob

Title:     Managing Member

 

 

TROOB CAPITAL MANAGEMENT LLC

 

By:  /s/  Douglas M. Troob

Douglas M. Troob, Managing Member

 

 

 


 

TROOB CAPITAL MANAGEMENT (OFFSHORE) LLC

 

By:  /s/  Douglas M. Troob

Douglas M. Troob, Managing Member

 

 

/s/  Douglas M. Troob

Douglas M. Troob

 

 

/s/  Peter J. Troob

Peter J. Troob

 

 

 


EXHIBIT B

IDENTIFICATION OF MEMBERS OF THE GROUP

TCM MPS Series Fund LP – Distressed Series

TCM MPS Series Fund LP – Crossways Series

TCM MPS Ltd. SPC - Distressed Segregated Portfolio

TCM MPS Ltd. SPC - ORYX Portfolio

Troob Capital Management LLC

Troob Capital Management (Offshore) LLC

Douglas M. Troob

Peter J. Troob.

 

 

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