EX-99 4 mm01-2208_sc13de3.txt EXHIBIT 3 --------- AGREEMENT AS TO JOINT FILING OF SCHEDULE 13D Dated: January 22, 2008 The undersigned acknowledge and agree that the foregoing statement on Schedule 13D is filed on behalf of each of the undersigned and that all subsequent amendments to this statement shall be filed on behalf of each of the undersigned without the necessity of filing additional joint filing agreements. The undersigned acknowledge that each shall be responsible for the timely filing of such amendments, and for the completeness and accuracy of the information concerning it contained therein, but shall not be responsible for the completeness and accuracy of the information concerning the others, except to the extent that it knows or has reason to believe that such information is inaccurate. This Agreement may be executed in counterparts and each of such counterparts taken together shall constitute one and the same instrument. LEUCADIA NATIONAL CORPORATION By: /s/ Joseph A. Orlando ---------------------------------------- Name: Joseph A. Orlando Title: Vice President and Chief Financial Officer PHLCORP, INC. By: /s/ Joseph A. Orlando ---------------------------------------- Name: Joseph A. Orlando Title: Vice President BALDWIN ENTERPRISES, INC. By: /s/ Joseph A. Orlando ---------------------------------------- Name: Joseph A. Orlando Title: Vice President RCG BALDWIN, L.P. By: Ramius Advisors, LLC Its General Partner By: Baldwin Enterprises, Inc. As Attorney-In-Fact By: /s/ Joseph A. Orlando ---------------------------------------- Name: Joseph A. Orlando Title: Vice President RCG PB, LTD By: Ramius Advisors, L.L.C. Its Investment Advisor By: Ramius Capital Group, L.L.C. As Sole Member By: C4S & Co., L.L.C. As Managing Member RCG SEXTANT MASTER FUND, LTD. By: Ramius Capital Group, L.L.C. Its Investment Manager By: C4S & Co., L.L.C. As Managing Member RAMIUS ADVISORS, LLC By: Ramius Capital Group, L.L.C. As Sole Member By: C4S & Co., L.L.C. As Managing Member RCG ENTERPRISE, LTD By: Ramius Capital Group, L.L.C. Its Investment Manager By: C4S & Co., L.L.C. As Managing Member RAMIUS CAPITAL GROUP, LLC By: C4S & Co., L.L.C. As Managing Member C4S & CO., LLC By: /s/ Jeffrey M. Solomon ---------------------------------------- Name: Jeffrey M. Solomon Title: Authorized Signatory /s/ Jeffrey M. Solomon ------------------------------------------ JEFFREY M. SOLOMON Individually and as attorney-in-fact for Peter A. Cohen, Morgan B. Stark and Thomas W. Strauss