IPH GP LLC

SEC source: 0001140361-10-037019 · doc1.xml · nonDerivative · entry 3

ICAHN CARL C · CIK 0000921669 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

ICAHN PARTNERS MASTER FUND LP · CIK 0001322827 · 10% owner

ICAHN PARTNERS MASTER FUND II L.P. · CIK 0001414181 · 10% owner

ICAHN PARTNERS MASTER FUND III L.P. · CIK 0001414179 · 10% owner

ICAHN PARTNERS LP · CIK 0001313666 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see all footnotes

Disclosed balance after: 6,126,119

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,225,224 Shares, Icahn Partners LP ("Icahn Partners") directly beneficially owns 1,839,765 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 2,087,341 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 679,014 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 294,775 Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: Please reference the Form 4 filing dated September 13, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-037201 · doc1.xml · nonDerivative · entry 2

ICAHN CARL C · CIK 0000921669 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

ICAHN PARTNERS LP · CIK 0001313666 · 10% owner

ICAHN PARTNERS MASTER FUND LP · CIK 0001322827 · 10% owner

ICAHN PARTNERS MASTER FUND II L.P. · CIK 0001414181 · 10% owner

ICAHN PARTNERS MASTER FUND III L.P. · CIK 0001414179 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see footnotes

Disclosed balance after: 12,177,326

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 2,442,424 Shares, Icahn Partners LP ("Icahn Partners") directly beneficially owns 3,622,088 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 4,109,506 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 1,457,762 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 580,346 Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: Please reference the Form 4 filing dated September 14, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-037019 · doc1.xml · nonDerivative · entry 2

ICAHN CARL C · CIK 0000921669 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

ICAHN PARTNERS MASTER FUND LP · CIK 0001322827 · 10% owner

ICAHN PARTNERS MASTER FUND II L.P. · CIK 0001414181 · 10% owner

ICAHN PARTNERS MASTER FUND III L.P. · CIK 0001414179 · 10% owner

ICAHN PARTNERS LP · CIK 0001313666 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see all footnotes

Disclosed balance after: 6,056,219

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,225,224 Shares, Icahn Partners LP ("Icahn Partners") directly beneficially owns 1,839,765 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 2,087,341 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 679,014 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 294,775 Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: Please reference the Form 4 filing dated September 13, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-037201 · doc1.xml · nonDerivative · entry 1

ICAHN CARL C · CIK 0000921669 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

ICAHN PARTNERS LP · CIK 0001313666 · 10% owner

ICAHN PARTNERS MASTER FUND LP · CIK 0001322827 · 10% owner

ICAHN PARTNERS MASTER FUND II L.P. · CIK 0001414181 · 10% owner

ICAHN PARTNERS MASTER FUND III L.P. · CIK 0001414179 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see footnotes

Disclosed balance after: 11,939,226

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 2,442,424 Shares, Icahn Partners LP ("Icahn Partners") directly beneficially owns 3,622,088 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 4,109,506 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 1,457,762 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 580,346 Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: Please reference the Form 4 filing dated September 14, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-037019 · doc1.xml · nonDerivative · entry 1

ICAHN CARL C · CIK 0000921669 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

ICAHN PARTNERS MASTER FUND LP · CIK 0001322827 · 10% owner

ICAHN PARTNERS MASTER FUND II L.P. · CIK 0001414181 · 10% owner

ICAHN PARTNERS MASTER FUND III L.P. · CIK 0001414179 · 10% owner

ICAHN PARTNERS LP · CIK 0001313666 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see all footnotes

Disclosed balance after: 5,981,219

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,225,224 Shares, Icahn Partners LP ("Icahn Partners") directly beneficially owns 1,839,765 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 2,087,341 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 679,014 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 294,775 Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: Please reference the Form 4 filing dated September 13, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-036573 · doc1.xml · nonDerivative · entry 2

ICAHN CARL C · CIK 0000921669 · 10% owner

ICAHN PARTNERS LP · CIK 0001313666 · 10% owner

ICAHN PARTNERS MASTER FUND LP · CIK 0001322827 · 10% owner

ICAHN PARTNERS MASTER FUND II L.P. · CIK 0001414181 · 10% owner

ICAHN PARTNERS MASTER FUND III L.P. · CIK 0001414179 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see all footnotes

Disclosed balance after: 5,976,519

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,195,304 Shares, Icahn Partners LP ("Icahn Partners") directly beneficially owns 1,787,612 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 2,028,171 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 679,014 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 286,418 Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: Please reference the Form 4 filing dated September 8, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-036573 · doc1.xml · nonDerivative · entry 1

ICAHN CARL C · CIK 0000921669 · 10% owner

ICAHN PARTNERS LP · CIK 0001313666 · 10% owner

ICAHN PARTNERS MASTER FUND LP · CIK 0001322827 · 10% owner

ICAHN PARTNERS MASTER FUND II L.P. · CIK 0001414181 · 10% owner

ICAHN PARTNERS MASTER FUND III L.P. · CIK 0001414179 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see all footnotes

Disclosed balance after: 5,916,019

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,195,304 Shares, Icahn Partners LP ("Icahn Partners") directly beneficially owns 1,787,612 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 2,028,171 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 679,014 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 286,418 Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: Please reference the Form 4 filing dated September 8, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-035841 · doc1.xml · nonDerivative · entry 3

ICAHN CARL C · CIK 0000921669 · 10% owner

ICAHN PARTNERS LP · CIK 0001313666 · 10% owner

ICAHN PARTNERS MASTER FUND LP · CIK 0001322827 · 10% owner

ICAHN PARTNERS MASTER FUND II L.P. · CIK 0001414181 · 10% owner

ICAHN PARTNERS MASTER FUND III L.P. · CIK 0001414179 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see all footnotes

Disclosed balance after: 5,915,319

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,183,064 Shares, Icahn Partners LP ("Icahn Partners") directly beneficially owns 1,766,277 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 2,003,964 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 679,014 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 283,000 Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: Please reference the Form 4 filing dated September 1, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-035841 · doc1.xml · nonDerivative · entry 2

ICAHN CARL C · CIK 0000921669 · 10% owner

ICAHN PARTNERS LP · CIK 0001313666 · 10% owner

ICAHN PARTNERS MASTER FUND LP · CIK 0001322827 · 10% owner

ICAHN PARTNERS MASTER FUND II L.P. · CIK 0001414181 · 10% owner

ICAHN PARTNERS MASTER FUND III L.P. · CIK 0001414179 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see all footnotes

Disclosed balance after: 5,731,719

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,183,064 Shares, Icahn Partners LP ("Icahn Partners") directly beneficially owns 1,766,277 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 2,003,964 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 679,014 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 283,000 Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: Please reference the Form 4 filing dated September 1, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-035841 · doc1.xml · nonDerivative · entry 1

ICAHN CARL C · CIK 0000921669 · 10% owner

ICAHN PARTNERS LP · CIK 0001313666 · 10% owner

ICAHN PARTNERS MASTER FUND LP · CIK 0001322827 · 10% owner

ICAHN PARTNERS MASTER FUND II L.P. · CIK 0001414181 · 10% owner

ICAHN PARTNERS MASTER FUND III L.P. · CIK 0001414179 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see all footnotes

Disclosed balance after: 5,706,719

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,183,064 Shares, Icahn Partners LP ("Icahn Partners") directly beneficially owns 1,766,277 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 2,003,964 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 679,014 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 283,000 Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: Please reference the Form 4 filing dated September 1, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-032860 · doc1.xml · derivative · entry 3

ICAHN CARL C · CIK 0000921669 · 10% owner

ICAHN PARTNERS LP · CIK 0001313666 · 10% owner

ICAHN PARTNERS MASTER FUND LP · CIK 0001322827 · 10% owner

ICAHN PARTNERS MASTER FUND II L.P. · CIK 0001414181 · 10% owner

ICAHN PARTNERS MASTER FUND III L.P. · CIK 0001414179 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see all footnotes

Disclosed balance after: 0

Underlying: Common Stock · 2,025,228 shares

Expires 2012-05-07

F8 · derivative.exercise_date: The options were exercisable starting on various dates ranging from May 7, 2010 to May 25, 2010.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,130,164 Shares, Icahn Partners LP ("Icahn Partners") directly beneficially owns 1,645,815 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 1,939,644 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 679,014 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 256,182 Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: High River directly beneficially owned 405,046 call options (the "Call Options"), Icahn Partners directly beneficially owned 589,852 Call Options, Icahn Master directly beneficially owned 695,159 Call Options, Icahn Master II directly beneficially owned 243,356 Call Options, and Icahn Master III directly beneficially owned 91,815 Call Options. On August 10, 2010, each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III exercised all of their respective Call Options in their entirety, and thereby acquired 405,046 Shares, 589,852 Shares, 695,159 Shares, 243,356 Shares, 91,815 Shares, respectively.

F7 · ownership.nature: High River directly wrote 405,046 European-style put options (the "Put Options"), Icahn Partners directly wrote 589,852 Put Options, Icahn Master directly wrote 695,159 Put Options, Icahn Master II directly wrote 243,356 Put Options, and Icahn Master III directly wrote 91,815 Put Options. On August 10, 2010, upon exercise of the Call Options, all of the Put Options terminated.

F10 · ownership.nature: Please reference the Form 4 filing dated August 11, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-032860 · doc1.xml · derivative · entry 2

ICAHN CARL C · CIK 0000921669 · 10% owner

ICAHN PARTNERS LP · CIK 0001313666 · 10% owner

ICAHN PARTNERS MASTER FUND LP · CIK 0001322827 · 10% owner

ICAHN PARTNERS MASTER FUND II L.P. · CIK 0001414181 · 10% owner

ICAHN PARTNERS MASTER FUND III L.P. · CIK 0001414179 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see all footnotes

Disclosed balance after: 0

Underlying: Common Stock · 2,025,228 shares

Expires 2012-05-07

F8 · derivative.exercise_date: The options were exercisable starting on various dates ranging from May 7, 2010 to May 25, 2010.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,130,164 Shares, Icahn Partners LP ("Icahn Partners") directly beneficially owns 1,645,815 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 1,939,644 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 679,014 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 256,182 Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: High River directly beneficially owned 405,046 call options (the "Call Options"), Icahn Partners directly beneficially owned 589,852 Call Options, Icahn Master directly beneficially owned 695,159 Call Options, Icahn Master II directly beneficially owned 243,356 Call Options, and Icahn Master III directly beneficially owned 91,815 Call Options. On August 10, 2010, each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III exercised all of their respective Call Options in their entirety, and thereby acquired 405,046 Shares, 589,852 Shares, 695,159 Shares, 243,356 Shares, 91,815 Shares, respectively.

F7 · ownership.nature: High River directly wrote 405,046 European-style put options (the "Put Options"), Icahn Partners directly wrote 589,852 Put Options, Icahn Master directly wrote 695,159 Put Options, Icahn Master II directly wrote 243,356 Put Options, and Icahn Master III directly wrote 91,815 Put Options. On August 10, 2010, upon exercise of the Call Options, all of the Put Options terminated.

F10 · ownership.nature: Please reference the Form 4 filing dated August 11, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-032860 · doc1.xml · nonDerivative · entry 1

ICAHN CARL C · CIK 0000921669 · 10% owner

ICAHN PARTNERS LP · CIK 0001313666 · 10% owner

ICAHN PARTNERS MASTER FUND LP · CIK 0001322827 · 10% owner

ICAHN PARTNERS MASTER FUND II L.P. · CIK 0001414181 · 10% owner

ICAHN PARTNERS MASTER FUND III L.P. · CIK 0001414179 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see footnotes

Disclosed balance after: 5,650,819

F9 · price: The exercise price upon exercise of the call option was $11.70. In addition, the premium paid for the call option was $8.77.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,130,164 Shares, Icahn Partners LP ("Icahn Partners") directly beneficially owns 1,645,815 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 1,939,644 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 679,014 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 256,182 Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: High River directly beneficially owned 405,046 call options (the "Call Options"), Icahn Partners directly beneficially owned 589,852 Call Options, Icahn Master directly beneficially owned 695,159 Call Options, Icahn Master II directly beneficially owned 243,356 Call Options, and Icahn Master III directly beneficially owned 91,815 Call Options. On August 10, 2010, each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III exercised all of their respective Call Options in their entirety, and thereby acquired 405,046 Shares, 589,852 Shares, 695,159 Shares, 243,356 Shares, 91,815 Shares, respectively.

F7 · ownership.nature: High River directly wrote 405,046 European-style put options (the "Put Options"), Icahn Partners directly wrote 589,852 Put Options, Icahn Master directly wrote 695,159 Put Options, Icahn Master II directly wrote 243,356 Put Options, and Icahn Master III directly wrote 91,815 Put Options. On August 10, 2010, upon exercise of the Call Options, all of the Put Options terminated.

F10 · ownership.nature: Please reference the Form 4 filing dated August 11, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-023348 · doc1.xml · derivative · entry 4

ICAHN CARL C · CIK 0000921669 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

ICAHN PARTNERS LP · CIK 0001313666 · 10% owner

ICAHN PARTNERS MASTER FUND LP · CIK 0001322827 · 10% owner

ICAHN PARTNERS MASTER FUND II L.P. · CIK 0001414181 · 10% owner

ICAHN PARTNERS MASTER FUND III L.P. · CIK 0001414179 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see footnotes

Disclosed balance after: 2,025,228

Underlying: Common stock · 43,273 shares

Expires 2012-05-07

F8 · derivative.exercise_date: The Call Options reference an aggregate of 2,025,228 shares of common stock of The Hain Celestial Group Inc. and have an exercise price of $11.70, and expire on May 7, 2012. The Put Options have an exercise price of $11.70, reference an aggregate of 2,025,228 underlying Shares and expire on May 7, 2012. The Put Options provide that they settle in cash.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,130,164 Shares (including Call Options (as defined below), Icahn Partners LP ("Icahn Partners") directly beneficially owns 1,645,815 Shares (including Call Options), Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 1,939,644 Shares (including Call Options), Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 679,014 Shares (including Call Options), and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 256,182 Shares (including Call Options).

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares (including Options) except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares (including Options) except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares (including Options)except to the extent of their pecuniary interest therein.

F6 · ownership.nature: High River directly beneficially owns 405,046 call options (the "Call Options"), Icahn Partners directly beneficially owns 589,852 Call Options, Icahn Master directly beneficially owns 695,159 Call Options, Icahn Master II directly beneficially owns 243,356 Call Options, and Icahn Master III directly beneficially owns 91,815 Call Options.

F7 · ownership.nature: High River directly wrote 405,046 European-style put options (the "Put Options," and together with the Call Options, the "Options"), Icahn Partners directly wrote 589,852 Put Options, Icahn Master directly wrote 695,159 Put Options, Icahn Master II directly wrote 243,356 Put Options, and Icahn Master III directly wrote 91,815 Put Options.

F8 · ownership.nature: The Call Options reference an aggregate of 2,025,228 shares of common stock of The Hain Celestial Group Inc. and have an exercise price of $11.70, and expire on May 7, 2012. The Put Options have an exercise price of $11.70, reference an aggregate of 2,025,228 underlying Shares and expire on May 7, 2012. The Put Options provide that they settle in cash.

F9 · ownership.nature: Please reference the Form 4 filing dated May 27, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-023348 · doc1.xml · derivative · entry 3

ICAHN CARL C · CIK 0000921669 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

ICAHN PARTNERS LP · CIK 0001313666 · 10% owner

ICAHN PARTNERS MASTER FUND LP · CIK 0001322827 · 10% owner

ICAHN PARTNERS MASTER FUND II L.P. · CIK 0001414181 · 10% owner

ICAHN PARTNERS MASTER FUND III L.P. · CIK 0001414179 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see footnotes

Disclosed balance after: 2,025,228

Underlying: Common stock · 43,273 shares

Expires 2012-05-07

F8 · derivative.exercise_date: The Call Options reference an aggregate of 2,025,228 shares of common stock of The Hain Celestial Group Inc. and have an exercise price of $11.70, and expire on May 7, 2012. The Put Options have an exercise price of $11.70, reference an aggregate of 2,025,228 underlying Shares and expire on May 7, 2012. The Put Options provide that they settle in cash.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,130,164 Shares (including Call Options (as defined below), Icahn Partners LP ("Icahn Partners") directly beneficially owns 1,645,815 Shares (including Call Options), Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 1,939,644 Shares (including Call Options), Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 679,014 Shares (including Call Options), and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 256,182 Shares (including Call Options).

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares (including Options) except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares (including Options) except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares (including Options)except to the extent of their pecuniary interest therein.

F6 · ownership.nature: High River directly beneficially owns 405,046 call options (the "Call Options"), Icahn Partners directly beneficially owns 589,852 Call Options, Icahn Master directly beneficially owns 695,159 Call Options, Icahn Master II directly beneficially owns 243,356 Call Options, and Icahn Master III directly beneficially owns 91,815 Call Options.

F7 · ownership.nature: High River directly wrote 405,046 European-style put options (the "Put Options," and together with the Call Options, the "Options"), Icahn Partners directly wrote 589,852 Put Options, Icahn Master directly wrote 695,159 Put Options, Icahn Master II directly wrote 243,356 Put Options, and Icahn Master III directly wrote 91,815 Put Options.

F8 · ownership.nature: The Call Options reference an aggregate of 2,025,228 shares of common stock of The Hain Celestial Group Inc. and have an exercise price of $11.70, and expire on May 7, 2012. The Put Options have an exercise price of $11.70, reference an aggregate of 2,025,228 underlying Shares and expire on May 7, 2012. The Put Options provide that they settle in cash.

F9 · ownership.nature: Please reference the Form 4 filing dated May 27, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-023348 · doc1.xml · derivative · entry 2

ICAHN CARL C · CIK 0000921669 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

ICAHN PARTNERS LP · CIK 0001313666 · 10% owner

ICAHN PARTNERS MASTER FUND LP · CIK 0001322827 · 10% owner

ICAHN PARTNERS MASTER FUND II L.P. · CIK 0001414181 · 10% owner

ICAHN PARTNERS MASTER FUND III L.P. · CIK 0001414179 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see all footnotes

Disclosed balance after: 1,981,955

Underlying: Common Stock · 200,000 shares

Expires 2012-05-07

F8 · derivative.exercise_date: The Call Options reference an aggregate of 2,025,228 shares of common stock of The Hain Celestial Group Inc. and have an exercise price of $11.70, and expire on May 7, 2012. The Put Options have an exercise price of $11.70, reference an aggregate of 2,025,228 underlying Shares and expire on May 7, 2012. The Put Options provide that they settle in cash.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,130,164 Shares (including Call Options (as defined below), Icahn Partners LP ("Icahn Partners") directly beneficially owns 1,645,815 Shares (including Call Options), Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 1,939,644 Shares (including Call Options), Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 679,014 Shares (including Call Options), and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 256,182 Shares (including Call Options).

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares (including Options) except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares (including Options) except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares (including Options)except to the extent of their pecuniary interest therein.

F6 · ownership.nature: High River directly beneficially owns 405,046 call options (the "Call Options"), Icahn Partners directly beneficially owns 589,852 Call Options, Icahn Master directly beneficially owns 695,159 Call Options, Icahn Master II directly beneficially owns 243,356 Call Options, and Icahn Master III directly beneficially owns 91,815 Call Options.

F7 · ownership.nature: High River directly wrote 405,046 European-style put options (the "Put Options," and together with the Call Options, the "Options"), Icahn Partners directly wrote 589,852 Put Options, Icahn Master directly wrote 695,159 Put Options, Icahn Master II directly wrote 243,356 Put Options, and Icahn Master III directly wrote 91,815 Put Options.

F8 · ownership.nature: The Call Options reference an aggregate of 2,025,228 shares of common stock of The Hain Celestial Group Inc. and have an exercise price of $11.70, and expire on May 7, 2012. The Put Options have an exercise price of $11.70, reference an aggregate of 2,025,228 underlying Shares and expire on May 7, 2012. The Put Options provide that they settle in cash.

F9 · ownership.nature: Please reference the Form 4 filing dated May 27, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-023348 · doc1.xml · derivative · entry 1

ICAHN CARL C · CIK 0000921669 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

ICAHN PARTNERS LP · CIK 0001313666 · 10% owner

ICAHN PARTNERS MASTER FUND LP · CIK 0001322827 · 10% owner

ICAHN PARTNERS MASTER FUND II L.P. · CIK 0001414181 · 10% owner

ICAHN PARTNERS MASTER FUND III L.P. · CIK 0001414179 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see all footnotes

Disclosed balance after: 1,981,955

Underlying: Common Stock · 200,000 shares

Expires 2012-05-07

F8 · derivative.exercise_date: The Call Options reference an aggregate of 2,025,228 shares of common stock of The Hain Celestial Group Inc. and have an exercise price of $11.70, and expire on May 7, 2012. The Put Options have an exercise price of $11.70, reference an aggregate of 2,025,228 underlying Shares and expire on May 7, 2012. The Put Options provide that they settle in cash.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,130,164 Shares (including Call Options (as defined below), Icahn Partners LP ("Icahn Partners") directly beneficially owns 1,645,815 Shares (including Call Options), Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 1,939,644 Shares (including Call Options), Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 679,014 Shares (including Call Options), and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 256,182 Shares (including Call Options).

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares (including Options) except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares (including Options) except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares (including Options)except to the extent of their pecuniary interest therein.

F6 · ownership.nature: High River directly beneficially owns 405,046 call options (the "Call Options"), Icahn Partners directly beneficially owns 589,852 Call Options, Icahn Master directly beneficially owns 695,159 Call Options, Icahn Master II directly beneficially owns 243,356 Call Options, and Icahn Master III directly beneficially owns 91,815 Call Options.

F7 · ownership.nature: High River directly wrote 405,046 European-style put options (the "Put Options," and together with the Call Options, the "Options"), Icahn Partners directly wrote 589,852 Put Options, Icahn Master directly wrote 695,159 Put Options, Icahn Master II directly wrote 243,356 Put Options, and Icahn Master III directly wrote 91,815 Put Options.

F8 · ownership.nature: The Call Options reference an aggregate of 2,025,228 shares of common stock of The Hain Celestial Group Inc. and have an exercise price of $11.70, and expire on May 7, 2012. The Put Options have an exercise price of $11.70, reference an aggregate of 2,025,228 underlying Shares and expire on May 7, 2012. The Put Options provide that they settle in cash.

F9 · ownership.nature: Please reference the Form 4 filing dated May 27, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-022703 · doc1.xml · derivative · entry 2

ICAHN CARL C · CIK 0000921669 · 10% owner

ICAHN PARTNERS LP · CIK 0001313666 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

ICAHN PARTNERS MASTER FUND LP · CIK 0001322827 · 10% owner

ICAHN PARTNERS MASTER FUND II L.P. · CIK 0001414181 · 10% owner

ICAHN PARTNERS MASTER FUND III L.P. · CIK 0001414179 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see all footnotes

Disclosed balance after: 1,781,955

Underlying: Common Stock · 293,821 shares

Expires 2012-05-07

F8 · derivative.exercise_date: The Call Options reference an aggregate of 1,781,955 shares of common stock of The Hain Celestial Group Inc. and have an exercise price of $11.70, and expire on May 7, 2012. The Put Options have an exercise price of $11.70, reference an aggregate of 1,781,955 underlying Shares and expire on May 7, 2012. The Put Options provide that they settle in cash.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,081,509 Shares (including Call Options (as defined below), Icahn Partners LP ("Icahn Partners") directly beneficially owns 1,574,961 Shares (including Call Options), Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 1,856,141 Shares (including Call Options), Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 649,782 Shares (including Call Options), and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 245,153 Shares (including Call Options).

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares (including Options) except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares (including Options) except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares (including Options)except to the extent of their pecuniary interest therein.

F6 · ownership.nature: High River directly beneficially owns 356,391 call options (the "Call Options"), Icahn Partners directly beneficially owns 518,998 Call Options, Icahn Master directly beneficially owns 611,656 Call Options, Icahn Master II directly beneficially owns 214,124 Call Options, and Icahn Master III directly beneficially owns 80,786 Call Options.

F7 · ownership.nature: High River directly wrote 356,391 European-style put options (the "Put Options," and together with the Call Options, the "Options"), Icahn Partners directly wrote 518,998 Put Options, Icahn Master directly wrote 611,656 Put Options, Icahn Master II directly wrote 214,124 Put Options, and Icahn Master III directly wrote 80,786 Put Options.

F8 · ownership.nature: The Call Options reference an aggregate of 1,781,955 shares of common stock of The Hain Celestial Group Inc. and have an exercise price of $11.70, and expire on May 7, 2012. The Put Options have an exercise price of $11.70, reference an aggregate of 1,781,955 underlying Shares and expire on May 7, 2012. The Put Options provide that they settle in cash.

F9 · ownership.nature: Please reference the Form 4 filing dated May 21, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-022703 · doc1.xml · derivative · entry 1

ICAHN CARL C · CIK 0000921669 · 10% owner

ICAHN PARTNERS LP · CIK 0001313666 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

ICAHN PARTNERS MASTER FUND LP · CIK 0001322827 · 10% owner

ICAHN PARTNERS MASTER FUND II L.P. · CIK 0001414181 · 10% owner

ICAHN PARTNERS MASTER FUND III L.P. · CIK 0001414179 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see all footnotes

Disclosed balance after: 1,781,955

Underlying: Common Stock · 293,821 shares

Expires 2012-05-07

F8 · derivative.exercise_date: The Call Options reference an aggregate of 1,781,955 shares of common stock of The Hain Celestial Group Inc. and have an exercise price of $11.70, and expire on May 7, 2012. The Put Options have an exercise price of $11.70, reference an aggregate of 1,781,955 underlying Shares and expire on May 7, 2012. The Put Options provide that they settle in cash.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,081,509 Shares (including Call Options (as defined below), Icahn Partners LP ("Icahn Partners") directly beneficially owns 1,574,961 Shares (including Call Options), Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 1,856,141 Shares (including Call Options), Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 649,782 Shares (including Call Options), and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 245,153 Shares (including Call Options).

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares (including Options) except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares (including Options) except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares (including Options)except to the extent of their pecuniary interest therein.

F6 · ownership.nature: High River directly beneficially owns 356,391 call options (the "Call Options"), Icahn Partners directly beneficially owns 518,998 Call Options, Icahn Master directly beneficially owns 611,656 Call Options, Icahn Master II directly beneficially owns 214,124 Call Options, and Icahn Master III directly beneficially owns 80,786 Call Options.

F7 · ownership.nature: High River directly wrote 356,391 European-style put options (the "Put Options," and together with the Call Options, the "Options"), Icahn Partners directly wrote 518,998 Put Options, Icahn Master directly wrote 611,656 Put Options, Icahn Master II directly wrote 214,124 Put Options, and Icahn Master III directly wrote 80,786 Put Options.

F8 · ownership.nature: The Call Options reference an aggregate of 1,781,955 shares of common stock of The Hain Celestial Group Inc. and have an exercise price of $11.70, and expire on May 7, 2012. The Put Options have an exercise price of $11.70, reference an aggregate of 1,781,955 underlying Shares and expire on May 7, 2012. The Put Options provide that they settle in cash.

F9 · ownership.nature: Please reference the Form 4 filing dated May 21, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-022463 · doc1.xml · derivative · entry 4

ICAHN CARL C · CIK 0000921669 · 10% owner

ICAHN PARTNERS LP · CIK 0001313666 · 10% owner

ICAHN PARTNERS MASTER FUND LP · CIK 0001322827 · 10% owner

ICAHN PARTNERS MASTER FUND II L.P. · CIK 0001414181 · 10% owner

ICAHN PARTNERS MASTER FUND III L.P. · CIK 0001414179 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see all footnotes

Disclosed balance after: 1,488,134

Underlying: Common Stock · 179,035 shares

Expires 2012-05-07

F8 · derivative.exercise_date: The Call Options reference an aggregate of 1,488,134 shares of common stock of The Hain Celestial Group Inc. and have an exercise price of $11.70, and expire on May 7, 2012. The Put Options have an exercise price of $11.70, reference an aggregate of 1,488,134 underlying Shares and expire on May 7, 2012. The Put Options provide that they settle in cash.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,022,745 Shares (including Call Options (as defined below), Icahn Partners LP ("Icahn Partners") directly beneficially owns 1,489,385 Shares (including Call Options), Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 1,755,287 Shares (including Call Options), Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 614,475 Shares (including Call Options), and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 231,833 Shares (including Call Options).

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares (including Options) except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares (including Options) except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares (including Options)except to the extent of their pecuniary interest therein.

F6 · ownership.nature: High River directly beneficially owns 297,627 call options (the "Call Options"), Icahn Partners directly beneficially owns 433,422 Call Options, Icahn Master directly beneficially owns 510,802 Call Options, Icahn Master II directly beneficially owns 178,817 Call Options, and Icahn Master III directly beneficially owns 67,466 Call Options.

F7 · ownership.nature: High River directly wrote 297,627 European-style put options (the "Put Options," and together with the Call Options, the "Options"), Icahn Partners directly wrote 433,422 Put Options, Icahn Master directly wrote 510,802 Put Options, Icahn Master II directly wrote 178,817 Put Options, and Icahn Master III directly wrote 67,466 Put Options.

F8 · ownership.nature: The Call Options reference an aggregate of 1,488,134 shares of common stock of The Hain Celestial Group Inc. and have an exercise price of $11.70, and expire on May 7, 2012. The Put Options have an exercise price of $11.70, reference an aggregate of 1,488,134 underlying Shares and expire on May 7, 2012. The Put Options provide that they settle in cash.

F9 · ownership.nature: Please reference the Form 4 filing dated May 20, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-022463 · doc1.xml · derivative · entry 3

ICAHN CARL C · CIK 0000921669 · 10% owner

ICAHN PARTNERS LP · CIK 0001313666 · 10% owner

ICAHN PARTNERS MASTER FUND LP · CIK 0001322827 · 10% owner

ICAHN PARTNERS MASTER FUND II L.P. · CIK 0001414181 · 10% owner

ICAHN PARTNERS MASTER FUND III L.P. · CIK 0001414179 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see footnotes

Disclosed balance after: 1,488,134

Underlying: Common Stock · 179,035 shares

Expires 2012-05-07

F8 · derivative.exercise_date: The Call Options reference an aggregate of 1,488,134 shares of common stock of The Hain Celestial Group Inc. and have an exercise price of $11.70, and expire on May 7, 2012. The Put Options have an exercise price of $11.70, reference an aggregate of 1,488,134 underlying Shares and expire on May 7, 2012. The Put Options provide that they settle in cash.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,022,745 Shares (including Call Options (as defined below), Icahn Partners LP ("Icahn Partners") directly beneficially owns 1,489,385 Shares (including Call Options), Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 1,755,287 Shares (including Call Options), Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 614,475 Shares (including Call Options), and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 231,833 Shares (including Call Options).

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares (including Options) except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares (including Options) except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares (including Options)except to the extent of their pecuniary interest therein.

F6 · ownership.nature: High River directly beneficially owns 297,627 call options (the "Call Options"), Icahn Partners directly beneficially owns 433,422 Call Options, Icahn Master directly beneficially owns 510,802 Call Options, Icahn Master II directly beneficially owns 178,817 Call Options, and Icahn Master III directly beneficially owns 67,466 Call Options.

F7 · ownership.nature: High River directly wrote 297,627 European-style put options (the "Put Options," and together with the Call Options, the "Options"), Icahn Partners directly wrote 433,422 Put Options, Icahn Master directly wrote 510,802 Put Options, Icahn Master II directly wrote 178,817 Put Options, and Icahn Master III directly wrote 67,466 Put Options.

F8 · ownership.nature: The Call Options reference an aggregate of 1,488,134 shares of common stock of The Hain Celestial Group Inc. and have an exercise price of $11.70, and expire on May 7, 2012. The Put Options have an exercise price of $11.70, reference an aggregate of 1,488,134 underlying Shares and expire on May 7, 2012. The Put Options provide that they settle in cash.

F9 · ownership.nature: Please reference the Form 4 filing dated May 20, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-022463 · doc1.xml · derivative · entry 2

ICAHN CARL C · CIK 0000921669 · 10% owner

ICAHN PARTNERS LP · CIK 0001313666 · 10% owner

ICAHN PARTNERS MASTER FUND LP · CIK 0001322827 · 10% owner

ICAHN PARTNERS MASTER FUND II L.P. · CIK 0001414181 · 10% owner

ICAHN PARTNERS MASTER FUND III L.P. · CIK 0001414179 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see all footnotes

Disclosed balance after: 1,309,099

Underlying: Common Stock · 69,475 shares

Expires 2012-05-07

F8 · derivative.exercise_date: The Call Options reference an aggregate of 1,488,134 shares of common stock of The Hain Celestial Group Inc. and have an exercise price of $11.70, and expire on May 7, 2012. The Put Options have an exercise price of $11.70, reference an aggregate of 1,488,134 underlying Shares and expire on May 7, 2012. The Put Options provide that they settle in cash.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,022,745 Shares (including Call Options (as defined below), Icahn Partners LP ("Icahn Partners") directly beneficially owns 1,489,385 Shares (including Call Options), Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 1,755,287 Shares (including Call Options), Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 614,475 Shares (including Call Options), and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 231,833 Shares (including Call Options).

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares (including Options) except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares (including Options) except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares (including Options)except to the extent of their pecuniary interest therein.

F6 · ownership.nature: High River directly beneficially owns 297,627 call options (the "Call Options"), Icahn Partners directly beneficially owns 433,422 Call Options, Icahn Master directly beneficially owns 510,802 Call Options, Icahn Master II directly beneficially owns 178,817 Call Options, and Icahn Master III directly beneficially owns 67,466 Call Options.

F7 · ownership.nature: High River directly wrote 297,627 European-style put options (the "Put Options," and together with the Call Options, the "Options"), Icahn Partners directly wrote 433,422 Put Options, Icahn Master directly wrote 510,802 Put Options, Icahn Master II directly wrote 178,817 Put Options, and Icahn Master III directly wrote 67,466 Put Options.

F8 · ownership.nature: The Call Options reference an aggregate of 1,488,134 shares of common stock of The Hain Celestial Group Inc. and have an exercise price of $11.70, and expire on May 7, 2012. The Put Options have an exercise price of $11.70, reference an aggregate of 1,488,134 underlying Shares and expire on May 7, 2012. The Put Options provide that they settle in cash.

F9 · ownership.nature: Please reference the Form 4 filing dated May 20, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-022463 · doc1.xml · derivative · entry 1

ICAHN CARL C · CIK 0000921669 · 10% owner

ICAHN PARTNERS LP · CIK 0001313666 · 10% owner

ICAHN PARTNERS MASTER FUND LP · CIK 0001322827 · 10% owner

ICAHN PARTNERS MASTER FUND II L.P. · CIK 0001414181 · 10% owner

ICAHN PARTNERS MASTER FUND III L.P. · CIK 0001414179 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see all footnotes

Disclosed balance after: 1,309,099

Underlying: Common Stock · 69,475 shares

Expires 2012-05-07

F8 · derivative.exercise_date: The Call Options reference an aggregate of 1,488,134 shares of common stock of The Hain Celestial Group Inc. and have an exercise price of $11.70, and expire on May 7, 2012. The Put Options have an exercise price of $11.70, reference an aggregate of 1,488,134 underlying Shares and expire on May 7, 2012. The Put Options provide that they settle in cash.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,022,745 Shares (including Call Options (as defined below), Icahn Partners LP ("Icahn Partners") directly beneficially owns 1,489,385 Shares (including Call Options), Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 1,755,287 Shares (including Call Options), Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 614,475 Shares (including Call Options), and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 231,833 Shares (including Call Options).

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares (including Options) except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares (including Options) except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares (including Options) which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares (including Options)except to the extent of their pecuniary interest therein.

F6 · ownership.nature: High River directly beneficially owns 297,627 call options (the "Call Options"), Icahn Partners directly beneficially owns 433,422 Call Options, Icahn Master directly beneficially owns 510,802 Call Options, Icahn Master II directly beneficially owns 178,817 Call Options, and Icahn Master III directly beneficially owns 67,466 Call Options.

F7 · ownership.nature: High River directly wrote 297,627 European-style put options (the "Put Options," and together with the Call Options, the "Options"), Icahn Partners directly wrote 433,422 Put Options, Icahn Master directly wrote 510,802 Put Options, Icahn Master II directly wrote 178,817 Put Options, and Icahn Master III directly wrote 67,466 Put Options.

F8 · ownership.nature: The Call Options reference an aggregate of 1,488,134 shares of common stock of The Hain Celestial Group Inc. and have an exercise price of $11.70, and expire on May 7, 2012. The Put Options have an exercise price of $11.70, reference an aggregate of 1,488,134 underlying Shares and expire on May 7, 2012. The Put Options provide that they settle in cash.

F9 · ownership.nature: Please reference the Form 4 filing dated May 20, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-017006 · doc1.xml · nonDerivative · entry 1

ICAHN CARL C · CIK 0000921669 · Director · 10% owner

ICAHN PARTNERS LP · CIK 0001313666 · 10% owner

ICAHN PARTNERS MASTER FUND LP · CIK 0001322827 · 10% owner

ICAHN PARTNERS MASTER FUND II L.P. · CIK 0001414181 · 10% owner

ICAHN PARTNERS MASTER FUND III L.P. · CIK 0001414179 · 10% owner

BECKTON CORP · CIK 0001080113 · 10% owner

ICAHN ENTERPRISES HOLDINGS L.P. · CIK 0001034563 · 10% owner

ICAHN ENTERPRISES G.P. INC. · CIK 0001257324 · 10% owner

ICAHN CAPITAL LP · CIK 0001412093 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see footnotes

Disclosed balance after: 12,870,446

F1 · ownership.direct: Icahn Partners LP ("Icahn Partners") directly beneficially owns 4,864,562 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 5,157,722 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 2,064,794 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 783,368 Shares.

F2 · ownership.direct: Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.direct: Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III.

F4 · ownership.direct: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.direct: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.direct: Please reference the Form 4 filing, dated April 20, 2010, filed separately by Mr. Icahn, Icahn Offshore, and Icahn Onshore.

F1 · ownership.nature: Icahn Partners LP ("Icahn Partners") directly beneficially owns 4,864,562 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 5,157,722 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 2,064,794 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 783,368 Shares.

F2 · ownership.nature: Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: Please reference the Form 4 filing, dated April 20, 2010, filed separately by Mr. Icahn, Icahn Offshore, and Icahn Onshore.

SEC source: 0001140361-10-015385 · doc1.xml · nonDerivative · entry 1

ICAHN CARL C · CIK 0000921669 · 10% owner

ICAHN ENTERPRISES HOLDINGS L.P. · CIK 0001034563 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

ICAHN CAPITAL LP · CIK 0001412093 · 10% owner

ICAHN OFFSHORE LP · CIK 0001322825 · 10% owner

ICAHN ONSHORE LP · CIK 0001322826 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see footnotes

Disclosed balance after: 11,789,226

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 2,357,844 Shares, Icahn Partners LP ("Icahn Partners") directly beneficially owns 3,460,783 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,962,063 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 1,457,762 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 550,774 Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: Please reference the Form 4 filing dated April 5, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-014210 · doc1.xml · nonDerivative · entry 9

ICAHN CARL C · CIK 0000921669 · 10% owner

HIGH RIVER LIMITED PARTNERSHIP · CIK 0000928464 · 10% owner

Hopper Investments LLC · CIK 0001322824 · 10% owner

BARBERRY CORP. · CIK 0000860851 · 10% owner

ICAHN OFFSHORE LP · CIK 0001322825 · 10% owner

ICAHN CAPITAL LP · CIK 0001412093 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

ICAHN ENTERPRISES HOLDINGS L.P. · CIK 0001034563 · 10% owner

ICAHN ENTERPRISES G.P. INC. · CIK 0001257324 · 10% owner

BECKTON CORP · CIK 0001080113 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see footnotes

Disclosed balance after: 4,358,223

F1 · balance_after: High River Limited Partnership ("High River") directly beneficially owns 1,475,728 Class A Shares and 530,738 Class B Shares; Barberry Corp. (?Barberry?) directly beneficially owns 340,906 Class B Shares; Icahn Partners LP ("Icahn Partners") directly beneficially owns 2,597,282 Class A Shares and 1,640,430 Class B Shares; Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,305,631 Class A Shares and 1,846,149 Class B Shares and Mr. Icahn directly beneficially owns 71,749 Class A Shares.

F2 · balance_after: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III. Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn.

F3 · balance_after: As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of Barberry, High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. The foregoing entities, together with Mr. Icahn are collectively referred to as the ?Reporting Persons.?

F4 · balance_after: The number of Class A Shares assume the conversion of Preferred Shares held by all of the applicable Reporting Persons into 7,378,641 Class A Shares as further described in the Form 4 filing made by the Reporting Person on November 15, 2005. Mr. Icahn disclaims beneficial ownership of such shares for all purposes, except to the extent of his pecuniary interest therein. (Class A, Class B and Preferred Shares, collectively, the ?Shares?)

F5 · balance_after: Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Barberry owns. Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of his pecuniary interest therein. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns.

F6 · balance_after: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F7 · balance_after: Please reference the Form 4 filing dated March 26, 2010, filed separately by certain other related Reporting Persons.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,475,728 Class A Shares and 530,738 Class B Shares; Barberry Corp. (?Barberry?) directly beneficially owns 340,906 Class B Shares; Icahn Partners LP ("Icahn Partners") directly beneficially owns 2,597,282 Class A Shares and 1,640,430 Class B Shares; Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,305,631 Class A Shares and 1,846,149 Class B Shares and Mr. Icahn directly beneficially owns 71,749 Class A Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III. Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn.

F3 · ownership.nature: As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of Barberry, High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. The foregoing entities, together with Mr. Icahn are collectively referred to as the ?Reporting Persons.?

F4 · ownership.nature: The number of Class A Shares assume the conversion of Preferred Shares held by all of the applicable Reporting Persons into 7,378,641 Class A Shares as further described in the Form 4 filing made by the Reporting Person on November 15, 2005. Mr. Icahn disclaims beneficial ownership of such shares for all purposes, except to the extent of his pecuniary interest therein. (Class A, Class B and Preferred Shares, collectively, the ?Shares?)

F5 · ownership.nature: Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Barberry owns. Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of his pecuniary interest therein. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns.

F6 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F7 · ownership.nature: Please reference the Form 4 filing dated March 26, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-014210 · doc1.xml · nonDerivative · entry 8

ICAHN CARL C · CIK 0000921669 · 10% owner

HIGH RIVER LIMITED PARTNERSHIP · CIK 0000928464 · 10% owner

Hopper Investments LLC · CIK 0001322824 · 10% owner

BARBERRY CORP. · CIK 0000860851 · 10% owner

ICAHN OFFSHORE LP · CIK 0001322825 · 10% owner

ICAHN CAPITAL LP · CIK 0001412093 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

ICAHN ENTERPRISES HOLDINGS L.P. · CIK 0001034563 · 10% owner

ICAHN ENTERPRISES G.P. INC. · CIK 0001257324 · 10% owner

BECKTON CORP · CIK 0001080113 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see footnotes

Disclosed balance after: 4,681,123

F1 · balance_after: High River Limited Partnership ("High River") directly beneficially owns 1,475,728 Class A Shares and 530,738 Class B Shares; Barberry Corp. (?Barberry?) directly beneficially owns 340,906 Class B Shares; Icahn Partners LP ("Icahn Partners") directly beneficially owns 2,597,282 Class A Shares and 1,640,430 Class B Shares; Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,305,631 Class A Shares and 1,846,149 Class B Shares and Mr. Icahn directly beneficially owns 71,749 Class A Shares.

F2 · balance_after: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III. Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn.

F3 · balance_after: As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of Barberry, High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. The foregoing entities, together with Mr. Icahn are collectively referred to as the ?Reporting Persons.?

F4 · balance_after: The number of Class A Shares assume the conversion of Preferred Shares held by all of the applicable Reporting Persons into 7,378,641 Class A Shares as further described in the Form 4 filing made by the Reporting Person on November 15, 2005. Mr. Icahn disclaims beneficial ownership of such shares for all purposes, except to the extent of his pecuniary interest therein. (Class A, Class B and Preferred Shares, collectively, the ?Shares?)

F5 · balance_after: Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Barberry owns. Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of his pecuniary interest therein. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns.

F6 · balance_after: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F7 · balance_after: Please reference the Form 4 filing dated March 26, 2010, filed separately by certain other related Reporting Persons.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,475,728 Class A Shares and 530,738 Class B Shares; Barberry Corp. (?Barberry?) directly beneficially owns 340,906 Class B Shares; Icahn Partners LP ("Icahn Partners") directly beneficially owns 2,597,282 Class A Shares and 1,640,430 Class B Shares; Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,305,631 Class A Shares and 1,846,149 Class B Shares and Mr. Icahn directly beneficially owns 71,749 Class A Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III. Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn.

F3 · ownership.nature: As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of Barberry, High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. The foregoing entities, together with Mr. Icahn are collectively referred to as the ?Reporting Persons.?

F4 · ownership.nature: The number of Class A Shares assume the conversion of Preferred Shares held by all of the applicable Reporting Persons into 7,378,641 Class A Shares as further described in the Form 4 filing made by the Reporting Person on November 15, 2005. Mr. Icahn disclaims beneficial ownership of such shares for all purposes, except to the extent of his pecuniary interest therein. (Class A, Class B and Preferred Shares, collectively, the ?Shares?)

F5 · ownership.nature: Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Barberry owns. Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of his pecuniary interest therein. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns.

F6 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F7 · ownership.nature: Please reference the Form 4 filing dated March 26, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-014210 · doc1.xml · nonDerivative · entry 5

ICAHN CARL C · CIK 0000921669 · 10% owner

HIGH RIVER LIMITED PARTNERSHIP · CIK 0000928464 · 10% owner

Hopper Investments LLC · CIK 0001322824 · 10% owner

BARBERRY CORP. · CIK 0000860851 · 10% owner

ICAHN OFFSHORE LP · CIK 0001322825 · 10% owner

ICAHN CAPITAL LP · CIK 0001412093 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

ICAHN ENTERPRISES HOLDINGS L.P. · CIK 0001034563 · 10% owner

ICAHN ENTERPRISES G.P. INC. · CIK 0001257324 · 10% owner

BECKTON CORP · CIK 0001080113 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see footnotes

Disclosed balance after: 7,450,390

F1 · balance_after: High River Limited Partnership ("High River") directly beneficially owns 1,475,728 Class A Shares and 530,738 Class B Shares; Barberry Corp. (?Barberry?) directly beneficially owns 340,906 Class B Shares; Icahn Partners LP ("Icahn Partners") directly beneficially owns 2,597,282 Class A Shares and 1,640,430 Class B Shares; Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,305,631 Class A Shares and 1,846,149 Class B Shares and Mr. Icahn directly beneficially owns 71,749 Class A Shares.

F2 · balance_after: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III. Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn.

F3 · balance_after: As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of Barberry, High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. The foregoing entities, together with Mr. Icahn are collectively referred to as the ?Reporting Persons.?

F4 · balance_after: The number of Class A Shares assume the conversion of Preferred Shares held by all of the applicable Reporting Persons into 7,378,641 Class A Shares as further described in the Form 4 filing made by the Reporting Person on November 15, 2005. Mr. Icahn disclaims beneficial ownership of such shares for all purposes, except to the extent of his pecuniary interest therein. (Class A, Class B and Preferred Shares, collectively, the ?Shares?)

F5 · balance_after: Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Barberry owns. Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of his pecuniary interest therein. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns.

F6 · balance_after: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F7 · balance_after: Please reference the Form 4 filing dated March 26, 2010, filed separately by certain other related Reporting Persons.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,475,728 Class A Shares and 530,738 Class B Shares; Barberry Corp. (?Barberry?) directly beneficially owns 340,906 Class B Shares; Icahn Partners LP ("Icahn Partners") directly beneficially owns 2,597,282 Class A Shares and 1,640,430 Class B Shares; Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,305,631 Class A Shares and 1,846,149 Class B Shares and Mr. Icahn directly beneficially owns 71,749 Class A Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III. Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn.

F3 · ownership.nature: As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of Barberry, High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. The foregoing entities, together with Mr. Icahn are collectively referred to as the ?Reporting Persons.?

F4 · ownership.nature: The number of Class A Shares assume the conversion of Preferred Shares held by all of the applicable Reporting Persons into 7,378,641 Class A Shares as further described in the Form 4 filing made by the Reporting Person on November 15, 2005. Mr. Icahn disclaims beneficial ownership of such shares for all purposes, except to the extent of his pecuniary interest therein. (Class A, Class B and Preferred Shares, collectively, the ?Shares?)

F5 · ownership.nature: Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Barberry owns. Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of his pecuniary interest therein. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns.

F6 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F7 · ownership.nature: Please reference the Form 4 filing dated March 26, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-014210 · doc1.xml · nonDerivative · entry 4

ICAHN CARL C · CIK 0000921669 · 10% owner

HIGH RIVER LIMITED PARTNERSHIP · CIK 0000928464 · 10% owner

Hopper Investments LLC · CIK 0001322824 · 10% owner

BARBERRY CORP. · CIK 0000860851 · 10% owner

ICAHN OFFSHORE LP · CIK 0001322825 · 10% owner

ICAHN CAPITAL LP · CIK 0001412093 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

ICAHN ENTERPRISES HOLDINGS L.P. · CIK 0001034563 · 10% owner

ICAHN ENTERPRISES G.P. INC. · CIK 0001257324 · 10% owner

BECKTON CORP · CIK 0001080113 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see footnotes

Disclosed balance after: 10,432,190

F1 · balance_after: High River Limited Partnership ("High River") directly beneficially owns 1,475,728 Class A Shares and 530,738 Class B Shares; Barberry Corp. (?Barberry?) directly beneficially owns 340,906 Class B Shares; Icahn Partners LP ("Icahn Partners") directly beneficially owns 2,597,282 Class A Shares and 1,640,430 Class B Shares; Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,305,631 Class A Shares and 1,846,149 Class B Shares and Mr. Icahn directly beneficially owns 71,749 Class A Shares.

F2 · balance_after: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III. Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn.

F3 · balance_after: As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of Barberry, High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. The foregoing entities, together with Mr. Icahn are collectively referred to as the ?Reporting Persons.?

F4 · balance_after: The number of Class A Shares assume the conversion of Preferred Shares held by all of the applicable Reporting Persons into 7,378,641 Class A Shares as further described in the Form 4 filing made by the Reporting Person on November 15, 2005. Mr. Icahn disclaims beneficial ownership of such shares for all purposes, except to the extent of his pecuniary interest therein. (Class A, Class B and Preferred Shares, collectively, the ?Shares?)

F5 · balance_after: Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Barberry owns. Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of his pecuniary interest therein. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns.

F6 · balance_after: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F7 · balance_after: Please reference the Form 4 filing dated March 26, 2010, filed separately by certain other related Reporting Persons.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,475,728 Class A Shares and 530,738 Class B Shares; Barberry Corp. (?Barberry?) directly beneficially owns 340,906 Class B Shares; Icahn Partners LP ("Icahn Partners") directly beneficially owns 2,597,282 Class A Shares and 1,640,430 Class B Shares; Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,305,631 Class A Shares and 1,846,149 Class B Shares and Mr. Icahn directly beneficially owns 71,749 Class A Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III. Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn.

F3 · ownership.nature: As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of Barberry, High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. The foregoing entities, together with Mr. Icahn are collectively referred to as the ?Reporting Persons.?

F4 · ownership.nature: The number of Class A Shares assume the conversion of Preferred Shares held by all of the applicable Reporting Persons into 7,378,641 Class A Shares as further described in the Form 4 filing made by the Reporting Person on November 15, 2005. Mr. Icahn disclaims beneficial ownership of such shares for all purposes, except to the extent of his pecuniary interest therein. (Class A, Class B and Preferred Shares, collectively, the ?Shares?)

F5 · ownership.nature: Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Barberry owns. Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of his pecuniary interest therein. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns.

F6 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F7 · ownership.nature: Please reference the Form 4 filing dated March 26, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-014210 · doc1.xml · nonDerivative · entry 3

ICAHN CARL C · CIK 0000921669 · 10% owner

HIGH RIVER LIMITED PARTNERSHIP · CIK 0000928464 · 10% owner

Hopper Investments LLC · CIK 0001322824 · 10% owner

BARBERRY CORP. · CIK 0000860851 · 10% owner

ICAHN OFFSHORE LP · CIK 0001322825 · 10% owner

ICAHN CAPITAL LP · CIK 0001412093 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

ICAHN ENTERPRISES HOLDINGS L.P. · CIK 0001034563 · 10% owner

ICAHN ENTERPRISES G.P. INC. · CIK 0001257324 · 10% owner

BECKTON CORP · CIK 0001080113 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see footnotes

Disclosed balance after: 12,932,190

F1 · balance_after: High River Limited Partnership ("High River") directly beneficially owns 1,475,728 Class A Shares and 530,738 Class B Shares; Barberry Corp. (?Barberry?) directly beneficially owns 340,906 Class B Shares; Icahn Partners LP ("Icahn Partners") directly beneficially owns 2,597,282 Class A Shares and 1,640,430 Class B Shares; Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,305,631 Class A Shares and 1,846,149 Class B Shares and Mr. Icahn directly beneficially owns 71,749 Class A Shares.

F2 · balance_after: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III. Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn.

F3 · balance_after: As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of Barberry, High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. The foregoing entities, together with Mr. Icahn are collectively referred to as the ?Reporting Persons.?

F4 · balance_after: The number of Class A Shares assume the conversion of Preferred Shares held by all of the applicable Reporting Persons into 7,378,641 Class A Shares as further described in the Form 4 filing made by the Reporting Person on November 15, 2005. Mr. Icahn disclaims beneficial ownership of such shares for all purposes, except to the extent of his pecuniary interest therein. (Class A, Class B and Preferred Shares, collectively, the ?Shares?)

F5 · balance_after: Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Barberry owns. Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of his pecuniary interest therein. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns.

F6 · balance_after: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F7 · balance_after: Please reference the Form 4 filing dated March 26, 2010, filed separately by certain other related Reporting Persons.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,475,728 Class A Shares and 530,738 Class B Shares; Barberry Corp. (?Barberry?) directly beneficially owns 340,906 Class B Shares; Icahn Partners LP ("Icahn Partners") directly beneficially owns 2,597,282 Class A Shares and 1,640,430 Class B Shares; Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,305,631 Class A Shares and 1,846,149 Class B Shares and Mr. Icahn directly beneficially owns 71,749 Class A Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III. Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn.

F3 · ownership.nature: As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of Barberry, High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. The foregoing entities, together with Mr. Icahn are collectively referred to as the ?Reporting Persons.?

F4 · ownership.nature: The number of Class A Shares assume the conversion of Preferred Shares held by all of the applicable Reporting Persons into 7,378,641 Class A Shares as further described in the Form 4 filing made by the Reporting Person on November 15, 2005. Mr. Icahn disclaims beneficial ownership of such shares for all purposes, except to the extent of his pecuniary interest therein. (Class A, Class B and Preferred Shares, collectively, the ?Shares?)

F5 · ownership.nature: Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Barberry owns. Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of his pecuniary interest therein. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns.

F6 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F7 · ownership.nature: Please reference the Form 4 filing dated March 26, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-014210 · doc1.xml · nonDerivative · entry 7

ICAHN CARL C · CIK 0000921669 · 10% owner

HIGH RIVER LIMITED PARTNERSHIP · CIK 0000928464 · 10% owner

Hopper Investments LLC · CIK 0001322824 · 10% owner

BARBERRY CORP. · CIK 0000860851 · 10% owner

ICAHN OFFSHORE LP · CIK 0001322825 · 10% owner

ICAHN CAPITAL LP · CIK 0001412093 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

ICAHN ENTERPRISES HOLDINGS L.P. · CIK 0001034563 · 10% owner

ICAHN ENTERPRISES G.P. INC. · CIK 0001257324 · 10% owner

BECKTON CORP · CIK 0001080113 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see footnotes

Disclosed balance after: 4,981,123

F1 · balance_after: High River Limited Partnership ("High River") directly beneficially owns 1,475,728 Class A Shares and 530,738 Class B Shares; Barberry Corp. (?Barberry?) directly beneficially owns 340,906 Class B Shares; Icahn Partners LP ("Icahn Partners") directly beneficially owns 2,597,282 Class A Shares and 1,640,430 Class B Shares; Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,305,631 Class A Shares and 1,846,149 Class B Shares and Mr. Icahn directly beneficially owns 71,749 Class A Shares.

F2 · balance_after: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III. Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn.

F3 · balance_after: As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of Barberry, High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. The foregoing entities, together with Mr. Icahn are collectively referred to as the ?Reporting Persons.?

F4 · balance_after: The number of Class A Shares assume the conversion of Preferred Shares held by all of the applicable Reporting Persons into 7,378,641 Class A Shares as further described in the Form 4 filing made by the Reporting Person on November 15, 2005. Mr. Icahn disclaims beneficial ownership of such shares for all purposes, except to the extent of his pecuniary interest therein. (Class A, Class B and Preferred Shares, collectively, the ?Shares?)

F5 · balance_after: Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Barberry owns. Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of his pecuniary interest therein. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns.

F6 · balance_after: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F7 · balance_after: Please reference the Form 4 filing dated March 26, 2010, filed separately by certain other related Reporting Persons.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,475,728 Class A Shares and 530,738 Class B Shares; Barberry Corp. (?Barberry?) directly beneficially owns 340,906 Class B Shares; Icahn Partners LP ("Icahn Partners") directly beneficially owns 2,597,282 Class A Shares and 1,640,430 Class B Shares; Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,305,631 Class A Shares and 1,846,149 Class B Shares and Mr. Icahn directly beneficially owns 71,749 Class A Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III. Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn.

F3 · ownership.nature: As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of Barberry, High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. The foregoing entities, together with Mr. Icahn are collectively referred to as the ?Reporting Persons.?

F4 · ownership.nature: The number of Class A Shares assume the conversion of Preferred Shares held by all of the applicable Reporting Persons into 7,378,641 Class A Shares as further described in the Form 4 filing made by the Reporting Person on November 15, 2005. Mr. Icahn disclaims beneficial ownership of such shares for all purposes, except to the extent of his pecuniary interest therein. (Class A, Class B and Preferred Shares, collectively, the ?Shares?)

F5 · ownership.nature: Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Barberry owns. Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of his pecuniary interest therein. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns.

F6 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F7 · ownership.nature: Please reference the Form 4 filing dated March 26, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-014210 · doc1.xml · nonDerivative · entry 2

ICAHN CARL C · CIK 0000921669 · 10% owner

HIGH RIVER LIMITED PARTNERSHIP · CIK 0000928464 · 10% owner

Hopper Investments LLC · CIK 0001322824 · 10% owner

BARBERRY CORP. · CIK 0000860851 · 10% owner

ICAHN OFFSHORE LP · CIK 0001322825 · 10% owner

ICAHN CAPITAL LP · CIK 0001412093 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

ICAHN ENTERPRISES HOLDINGS L.P. · CIK 0001034563 · 10% owner

ICAHN ENTERPRISES G.P. INC. · CIK 0001257324 · 10% owner

BECKTON CORP · CIK 0001080113 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see footnotes

Disclosed balance after: 16,422,190

F1 · balance_after: High River Limited Partnership ("High River") directly beneficially owns 1,475,728 Class A Shares and 530,738 Class B Shares; Barberry Corp. (?Barberry?) directly beneficially owns 340,906 Class B Shares; Icahn Partners LP ("Icahn Partners") directly beneficially owns 2,597,282 Class A Shares and 1,640,430 Class B Shares; Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,305,631 Class A Shares and 1,846,149 Class B Shares and Mr. Icahn directly beneficially owns 71,749 Class A Shares.

F2 · balance_after: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III. Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn.

F3 · balance_after: As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of Barberry, High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. The foregoing entities, together with Mr. Icahn are collectively referred to as the ?Reporting Persons.?

F4 · balance_after: The number of Class A Shares assume the conversion of Preferred Shares held by all of the applicable Reporting Persons into 7,378,641 Class A Shares as further described in the Form 4 filing made by the Reporting Person on November 15, 2005. Mr. Icahn disclaims beneficial ownership of such shares for all purposes, except to the extent of his pecuniary interest therein. (Class A, Class B and Preferred Shares, collectively, the ?Shares?)

F5 · balance_after: Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Barberry owns. Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of his pecuniary interest therein. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns.

F6 · balance_after: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F7 · balance_after: Please reference the Form 4 filing dated March 26, 2010, filed separately by certain other related Reporting Persons.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,475,728 Class A Shares and 530,738 Class B Shares; Barberry Corp. (?Barberry?) directly beneficially owns 340,906 Class B Shares; Icahn Partners LP ("Icahn Partners") directly beneficially owns 2,597,282 Class A Shares and 1,640,430 Class B Shares; Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,305,631 Class A Shares and 1,846,149 Class B Shares and Mr. Icahn directly beneficially owns 71,749 Class A Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III. Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn.

F3 · ownership.nature: As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of Barberry, High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. The foregoing entities, together with Mr. Icahn are collectively referred to as the ?Reporting Persons.?

F4 · ownership.nature: The number of Class A Shares assume the conversion of Preferred Shares held by all of the applicable Reporting Persons into 7,378,641 Class A Shares as further described in the Form 4 filing made by the Reporting Person on November 15, 2005. Mr. Icahn disclaims beneficial ownership of such shares for all purposes, except to the extent of his pecuniary interest therein. (Class A, Class B and Preferred Shares, collectively, the ?Shares?)

F5 · ownership.nature: Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Barberry owns. Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of his pecuniary interest therein. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns.

F6 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F7 · ownership.nature: Please reference the Form 4 filing dated March 26, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-014210 · doc1.xml · nonDerivative · entry 6

ICAHN CARL C · CIK 0000921669 · 10% owner

HIGH RIVER LIMITED PARTNERSHIP · CIK 0000928464 · 10% owner

Hopper Investments LLC · CIK 0001322824 · 10% owner

BARBERRY CORP. · CIK 0000860851 · 10% owner

ICAHN OFFSHORE LP · CIK 0001322825 · 10% owner

ICAHN CAPITAL LP · CIK 0001412093 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

ICAHN ENTERPRISES HOLDINGS L.P. · CIK 0001034563 · 10% owner

ICAHN ENTERPRISES G.P. INC. · CIK 0001257324 · 10% owner

BECKTON CORP · CIK 0001080113 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see footnotes

Disclosed balance after: 5,298,236

F1 · balance_after: High River Limited Partnership ("High River") directly beneficially owns 1,475,728 Class A Shares and 530,738 Class B Shares; Barberry Corp. (?Barberry?) directly beneficially owns 340,906 Class B Shares; Icahn Partners LP ("Icahn Partners") directly beneficially owns 2,597,282 Class A Shares and 1,640,430 Class B Shares; Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,305,631 Class A Shares and 1,846,149 Class B Shares and Mr. Icahn directly beneficially owns 71,749 Class A Shares.

F2 · balance_after: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III. Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn.

F3 · balance_after: As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of Barberry, High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. The foregoing entities, together with Mr. Icahn are collectively referred to as the ?Reporting Persons.?

F4 · balance_after: The number of Class A Shares assume the conversion of Preferred Shares held by all of the applicable Reporting Persons into 7,378,641 Class A Shares as further described in the Form 4 filing made by the Reporting Person on November 15, 2005. Mr. Icahn disclaims beneficial ownership of such shares for all purposes, except to the extent of his pecuniary interest therein. (Class A, Class B and Preferred Shares, collectively, the ?Shares?)

F5 · balance_after: Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Barberry owns. Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of his pecuniary interest therein. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns.

F6 · balance_after: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F7 · balance_after: Please reference the Form 4 filing dated March 26, 2010, filed separately by certain other related Reporting Persons.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,475,728 Class A Shares and 530,738 Class B Shares; Barberry Corp. (?Barberry?) directly beneficially owns 340,906 Class B Shares; Icahn Partners LP ("Icahn Partners") directly beneficially owns 2,597,282 Class A Shares and 1,640,430 Class B Shares; Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,305,631 Class A Shares and 1,846,149 Class B Shares and Mr. Icahn directly beneficially owns 71,749 Class A Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III. Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn.

F3 · ownership.nature: As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of Barberry, High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. The foregoing entities, together with Mr. Icahn are collectively referred to as the ?Reporting Persons.?

F4 · ownership.nature: The number of Class A Shares assume the conversion of Preferred Shares held by all of the applicable Reporting Persons into 7,378,641 Class A Shares as further described in the Form 4 filing made by the Reporting Person on November 15, 2005. Mr. Icahn disclaims beneficial ownership of such shares for all purposes, except to the extent of his pecuniary interest therein. (Class A, Class B and Preferred Shares, collectively, the ?Shares?)

F5 · ownership.nature: Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Barberry owns. Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of his pecuniary interest therein. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns.

F6 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F7 · ownership.nature: Please reference the Form 4 filing dated March 26, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-014210 · doc1.xml · nonDerivative · entry 1

ICAHN CARL C · CIK 0000921669 · 10% owner

HIGH RIVER LIMITED PARTNERSHIP · CIK 0000928464 · 10% owner

Hopper Investments LLC · CIK 0001322824 · 10% owner

BARBERRY CORP. · CIK 0000860851 · 10% owner

ICAHN OFFSHORE LP · CIK 0001322825 · 10% owner

ICAHN CAPITAL LP · CIK 0001412093 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

ICAHN ENTERPRISES HOLDINGS L.P. · CIK 0001034563 · 10% owner

ICAHN ENTERPRISES G.P. INC. · CIK 0001257324 · 10% owner

BECKTON CORP · CIK 0001080113 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see footnotes

Disclosed balance after: 19,905,190

F1 · balance_after: High River Limited Partnership ("High River") directly beneficially owns 1,475,728 Class A Shares and 530,738 Class B Shares; Barberry Corp. (?Barberry?) directly beneficially owns 340,906 Class B Shares; Icahn Partners LP ("Icahn Partners") directly beneficially owns 2,597,282 Class A Shares and 1,640,430 Class B Shares; Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,305,631 Class A Shares and 1,846,149 Class B Shares and Mr. Icahn directly beneficially owns 71,749 Class A Shares.

F2 · balance_after: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III. Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn.

F3 · balance_after: As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of Barberry, High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. The foregoing entities, together with Mr. Icahn are collectively referred to as the ?Reporting Persons.?

F4 · balance_after: The number of Class A Shares assume the conversion of Preferred Shares held by all of the applicable Reporting Persons into 7,378,641 Class A Shares as further described in the Form 4 filing made by the Reporting Person on November 15, 2005. Mr. Icahn disclaims beneficial ownership of such shares for all purposes, except to the extent of his pecuniary interest therein. (Class A, Class B and Preferred Shares, collectively, the ?Shares?)

F5 · balance_after: Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Barberry owns. Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of his pecuniary interest therein. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns.

F6 · balance_after: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F7 · balance_after: Please reference the Form 4 filing dated March 26, 2010, filed separately by certain other related Reporting Persons.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,475,728 Class A Shares and 530,738 Class B Shares; Barberry Corp. (?Barberry?) directly beneficially owns 340,906 Class B Shares; Icahn Partners LP ("Icahn Partners") directly beneficially owns 2,597,282 Class A Shares and 1,640,430 Class B Shares; Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,305,631 Class A Shares and 1,846,149 Class B Shares and Mr. Icahn directly beneficially owns 71,749 Class A Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III. Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn.

F3 · ownership.nature: As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of Barberry, High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. The foregoing entities, together with Mr. Icahn are collectively referred to as the ?Reporting Persons.?

F4 · ownership.nature: The number of Class A Shares assume the conversion of Preferred Shares held by all of the applicable Reporting Persons into 7,378,641 Class A Shares as further described in the Form 4 filing made by the Reporting Person on November 15, 2005. Mr. Icahn disclaims beneficial ownership of such shares for all purposes, except to the extent of his pecuniary interest therein. (Class A, Class B and Preferred Shares, collectively, the ?Shares?)

F5 · ownership.nature: Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Barberry owns. Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of his pecuniary interest therein. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns.

F6 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F7 · ownership.nature: Please reference the Form 4 filing dated March 26, 2010, filed separately by certain other related Reporting Persons.

SEC source: 0001140361-10-011439 · doc1.xml · derivative · entry 2

ICAHN CARL C · CIK 0000921669 · Director · 10% owner

ICAHN PARTNERS LP · CIK 0001313666 · please see all foonotes

ICAHN PARTNERS MASTER FUND LP · CIK 0001322827 · 10% owner

ICAHN PARTNERS MASTER FUND II L.P. · CIK 0001414181 · 10% owner

ICAHN PARTNERS MASTER FUND III L.P. · CIK 0001414179 · 10% owner

BECKTON CORP · CIK 0001080113 · 10% owner

ICAHN ENTERPRISES G.P. INC. · CIK 0001257324 · 10% owner

ICAHN ENTERPRISES HOLDINGS L.P. · CIK 0001034563 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

ICAHN CAPITAL LP · CIK 0001412093 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see footnotes

Disclosed balance after: 0

Underlying: Common Stock · 784,158 shares

Expires 2010-06-05

F1 · ownership.direct: Icahn Partners LP ("Icahn Partners") directly beneficially owns 4,864,562 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 4,951,455 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 2,064,794 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 783,368 Shares.

F2 · ownership.direct: Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.direct: Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III.

F4 · ownership.direct: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.direct: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.direct: On March 9, 2010, each of Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III exercised Warrants referencing an aggregate of 784,158 underlying Shares. As a result of exercising the Warrants, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III acquired in the aggregate 784,158 Shares, which are included in the 12,664,179 Shares reported in this Form 4.

F7 · ownership.direct: Please reference the Form 4 filing, dated March 11 2010, filed separately by Mr. Icahn, Icahn Offshore, and Icahn Onshore.

F1 · ownership.nature: Icahn Partners LP ("Icahn Partners") directly beneficially owns 4,864,562 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 4,951,455 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 2,064,794 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 783,368 Shares.

F2 · ownership.nature: Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: On March 9, 2010, each of Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III exercised Warrants referencing an aggregate of 784,158 underlying Shares. As a result of exercising the Warrants, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III acquired in the aggregate 784,158 Shares, which are included in the 12,664,179 Shares reported in this Form 4.

F7 · ownership.nature: Please reference the Form 4 filing, dated March 11 2010, filed separately by Mr. Icahn, Icahn Offshore, and Icahn Onshore.

SEC source: 0001140361-10-011439 · doc1.xml · nonDerivative · entry 1

ICAHN CARL C · CIK 0000921669 · Director · 10% owner

ICAHN PARTNERS LP · CIK 0001313666 · please see all foonotes

ICAHN PARTNERS MASTER FUND LP · CIK 0001322827 · 10% owner

ICAHN PARTNERS MASTER FUND II L.P. · CIK 0001414181 · 10% owner

ICAHN PARTNERS MASTER FUND III L.P. · CIK 0001414179 · 10% owner

BECKTON CORP · CIK 0001080113 · 10% owner

ICAHN ENTERPRISES G.P. INC. · CIK 0001257324 · 10% owner

ICAHN ENTERPRISES HOLDINGS L.P. · CIK 0001034563 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

ICAHN CAPITAL LP · CIK 0001412093 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see footnotes

Disclosed balance after: 12,664,179

F1 · ownership.direct: Icahn Partners LP ("Icahn Partners") directly beneficially owns 4,864,562 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 4,951,455 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 2,064,794 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 783,368 Shares.

F2 · ownership.direct: Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.direct: Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III.

F4 · ownership.direct: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.direct: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.direct: On March 9, 2010, each of Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III exercised Warrants referencing an aggregate of 784,158 underlying Shares. As a result of exercising the Warrants, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III acquired in the aggregate 784,158 Shares, which are included in the 12,664,179 Shares reported in this Form 4.

F7 · ownership.direct: Please reference the Form 4 filing, dated March 11 2010, filed separately by Mr. Icahn, Icahn Offshore, and Icahn Onshore.

F1 · ownership.nature: Icahn Partners LP ("Icahn Partners") directly beneficially owns 4,864,562 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 4,951,455 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 2,064,794 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 783,368 Shares.

F2 · ownership.nature: Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: On March 9, 2010, each of Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III exercised Warrants referencing an aggregate of 784,158 underlying Shares. As a result of exercising the Warrants, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III acquired in the aggregate 784,158 Shares, which are included in the 12,664,179 Shares reported in this Form 4.

F7 · ownership.nature: Please reference the Form 4 filing, dated March 11 2010, filed separately by Mr. Icahn, Icahn Offshore, and Icahn Onshore.

SEC source: 0001140361-10-005112 · doc1.xml · nonDerivative · entry 2

ICAHN CARL C · CIK 0000921669 · 10% owner

ICAHN ENTERPRISES HOLDINGS L.P. · CIK 0001034563 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

ICAHN CAPITAL LP · CIK 0001412093 · 10% owner

ICAHN OFFSHORE LP · CIK 0001322825 · 10% owner

ICAHN ONSHORE LP · CIK 0001322826 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see footnotes

Disclosed balance after: 10,873,033

F1 · ownership.direct: High River Limited Partnership ("High River") directly beneficially owns 2,174,605 Shares, Icahn Partners LP ("Icahn Partners") directly beneficially owns 3,214,621 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,617,793 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 1,353,896 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 512,118 Shares.

F2 · ownership.direct: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.direct: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F4 · ownership.direct: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.direct: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.direct: Please reference the Form 4 filing dated February 9, 2010, filed separately by Mr. Icahn, High River, Barberry, Hopper, Icahn Partners, Icahn Master, Icahn Master II, Icahn Master III, Beckton, and Icahn Enterprises GP.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 2,174,605 Shares, Icahn Partners LP ("Icahn Partners") directly beneficially owns 3,214,621 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,617,793 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 1,353,896 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 512,118 Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: Please reference the Form 4 filing dated February 9, 2010, filed separately by Mr. Icahn, High River, Barberry, Hopper, Icahn Partners, Icahn Master, Icahn Master II, Icahn Master III, Beckton, and Icahn Enterprises GP.

SEC source: 0001140361-10-005112 · doc1.xml · nonDerivative · entry 1

ICAHN CARL C · CIK 0000921669 · 10% owner

ICAHN ENTERPRISES HOLDINGS L.P. · CIK 0001034563 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

ICAHN CAPITAL LP · CIK 0001412093 · 10% owner

ICAHN OFFSHORE LP · CIK 0001322825 · 10% owner

ICAHN ONSHORE LP · CIK 0001322826 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see footnotes

Disclosed balance after: 10,872,233

F1 · ownership.direct: High River Limited Partnership ("High River") directly beneficially owns 2,174,605 Shares, Icahn Partners LP ("Icahn Partners") directly beneficially owns 3,214,621 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,617,793 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 1,353,896 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 512,118 Shares.

F2 · ownership.direct: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.direct: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F4 · ownership.direct: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.direct: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.direct: Please reference the Form 4 filing dated February 9, 2010, filed separately by Mr. Icahn, High River, Barberry, Hopper, Icahn Partners, Icahn Master, Icahn Master II, Icahn Master III, Beckton, and Icahn Enterprises GP.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 2,174,605 Shares, Icahn Partners LP ("Icahn Partners") directly beneficially owns 3,214,621 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,617,793 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 1,353,896 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 512,118 Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: Please reference the Form 4 filing dated February 9, 2010, filed separately by Mr. Icahn, High River, Barberry, Hopper, Icahn Partners, Icahn Master, Icahn Master II, Icahn Master III, Beckton, and Icahn Enterprises GP.

SEC source: 0001140361-10-004227 · doc1.xml · nonDerivative · entry 2

ICAHN CARL C · CIK 0000921669 · 10% owner

ICAHN ENTERPRISES HOLDINGS L.P. · CIK 0001034563 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

ICAHN CAPITAL LP · CIK 0001412093 · 10% owner

ICAHN OFFSHORE LP · CIK 0001322825 · 10% owner

ICAHN ONSHORE LP · CIK 0001322826 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see footnotes

Disclosed balance after: 10,572,233

F1 · ownership.direct: High River Limited Partnership ("High River") directly beneficially owns 2,114,445 Shares, Icahn Partners LP ("Icahn Partners") directly beneficially owns 3,101,401 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,490,373 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 1,353,896 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 512,118 Shares.

F2 · ownership.direct: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.direct: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F4 · ownership.direct: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.direct: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.direct: Please reference the Form 4 filing dated February 4, 2010, filed separately by Mr. Icahn, High River, Barberry, Hopper, Icahn Partners, Icahn Master, Icahn Master II, Icahn Master III, Beckton, and Icahn Enterprises GP.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 2,114,445 Shares, Icahn Partners LP ("Icahn Partners") directly beneficially owns 3,101,401 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,490,373 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 1,353,896 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 512,118 Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: Please reference the Form 4 filing dated February 4, 2010, filed separately by Mr. Icahn, High River, Barberry, Hopper, Icahn Partners, Icahn Master, Icahn Master II, Icahn Master III, Beckton, and Icahn Enterprises GP.

SEC source: 0001140361-10-004227 · doc1.xml · nonDerivative · entry 1

ICAHN CARL C · CIK 0000921669 · 10% owner

ICAHN ENTERPRISES HOLDINGS L.P. · CIK 0001034563 · 10% owner

IPH GP LLC · CIK 0001412091 · 10% owner

ICAHN CAPITAL LP · CIK 0001412093 · 10% owner

ICAHN OFFSHORE LP · CIK 0001322825 · 10% owner

ICAHN ONSHORE LP · CIK 0001322826 · 10% owner

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see footnotes

Disclosed balance after: 10,292,233

F1 · ownership.direct: High River Limited Partnership ("High River") directly beneficially owns 2,114,445 Shares, Icahn Partners LP ("Icahn Partners") directly beneficially owns 3,101,401 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,490,373 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 1,353,896 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 512,118 Shares.

F2 · ownership.direct: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.direct: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F4 · ownership.direct: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.direct: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.direct: Please reference the Form 4 filing dated February 4, 2010, filed separately by Mr. Icahn, High River, Barberry, Hopper, Icahn Partners, Icahn Master, Icahn Master II, Icahn Master III, Beckton, and Icahn Enterprises GP.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 2,114,445 Shares, Icahn Partners LP ("Icahn Partners") directly beneficially owns 3,101,401 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,490,373 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 1,353,896 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 512,118 Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: Please reference the Form 4 filing dated February 4, 2010, filed separately by Mr. Icahn, High River, Barberry, Hopper, Icahn Partners, Icahn Master, Icahn Master II, Icahn Master III, Beckton, and Icahn Enterprises GP.

SEC source: 0001140361-10-002614 · doc1.xml · derivative · entry 3

ICAHN CARL C · CIK 0000921669 · 10% owner

ICAHN ENTERPRISES HOLDINGS L.P. · CIK 0001034563 · please see footnotes

IPH GP LLC · CIK 0001412091 · please see footnotes

ICAHN CAPITAL LP · CIK 0001412093 · please see footnotes

ICAHN OFFSHORE LP · CIK 0001322825 · please see footnotes

ICAHN ONSHORE LP · CIK 0001322826 · please see footnotes

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see footnotes

Disclosed balance after: 0

Underlying: Common Stock · 783,479 shares

Expires 2011-12-16

F1 · ownership.direct: High River Limited Partnership ("High River") directly beneficially owns 1,831,695 Shares, Icahn Partners LP ("Icahn Partners") directly beneficially owns 2,636,815 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,135,434 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 1,127,017 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 427,518 Shares.

F2 · ownership.direct: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.direct: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F4 · ownership.direct: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.direct: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.direct: On January 21, 2010, each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III exercised American-style call options (the " Call Options") referencing an aggregate of 783,479 underlying Shares. As a result of exercising the Call Options, High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III acquired in the aggregate 783,479 Shares, which are included in the 9,158,479 Shares reported in this Form 4.

F7 · ownership.direct: Please reference the Form 4 filing dated January 25, 2010, filed separately by Mr. Icahn, Barberry, Beckton, High River, Hopper, Icahn Enterprises G.P., Icahn Partners, Icahn Master, Icahn Master II, and Icahn Master III.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,831,695 Shares, Icahn Partners LP ("Icahn Partners") directly beneficially owns 2,636,815 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,135,434 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 1,127,017 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 427,518 Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: On January 21, 2010, each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III exercised American-style call options (the " Call Options") referencing an aggregate of 783,479 underlying Shares. As a result of exercising the Call Options, High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III acquired in the aggregate 783,479 Shares, which are included in the 9,158,479 Shares reported in this Form 4.

F7 · ownership.nature: Please reference the Form 4 filing dated January 25, 2010, filed separately by Mr. Icahn, Barberry, Beckton, High River, Hopper, Icahn Enterprises G.P., Icahn Partners, Icahn Master, Icahn Master II, and Icahn Master III.

SEC source: 0001140361-10-002614 · doc1.xml · derivative · entry 2

ICAHN CARL C · CIK 0000921669 · 10% owner

ICAHN ENTERPRISES HOLDINGS L.P. · CIK 0001034563 · please see footnotes

IPH GP LLC · CIK 0001412091 · please see footnotes

ICAHN CAPITAL LP · CIK 0001412093 · please see footnotes

ICAHN OFFSHORE LP · CIK 0001322825 · please see footnotes

ICAHN ONSHORE LP · CIK 0001322826 · please see footnotes

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see footnotes

Disclosed balance after: 0

Underlying: Common Stock · 783,479 shares

Expires 2011-12-16

F1 · ownership.direct: High River Limited Partnership ("High River") directly beneficially owns 1,831,695 Shares, Icahn Partners LP ("Icahn Partners") directly beneficially owns 2,636,815 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,135,434 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 1,127,017 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 427,518 Shares.

F2 · ownership.direct: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.direct: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F4 · ownership.direct: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.direct: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.direct: On January 21, 2010, each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III exercised American-style call options (the " Call Options") referencing an aggregate of 783,479 underlying Shares. As a result of exercising the Call Options, High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III acquired in the aggregate 783,479 Shares, which are included in the 9,158,479 Shares reported in this Form 4.

F7 · ownership.direct: Please reference the Form 4 filing dated January 25, 2010, filed separately by Mr. Icahn, Barberry, Beckton, High River, Hopper, Icahn Enterprises G.P., Icahn Partners, Icahn Master, Icahn Master II, and Icahn Master III.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,831,695 Shares, Icahn Partners LP ("Icahn Partners") directly beneficially owns 2,636,815 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,135,434 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 1,127,017 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 427,518 Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: On January 21, 2010, each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III exercised American-style call options (the " Call Options") referencing an aggregate of 783,479 underlying Shares. As a result of exercising the Call Options, High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III acquired in the aggregate 783,479 Shares, which are included in the 9,158,479 Shares reported in this Form 4.

F7 · ownership.nature: Please reference the Form 4 filing dated January 25, 2010, filed separately by Mr. Icahn, Barberry, Beckton, High River, Hopper, Icahn Enterprises G.P., Icahn Partners, Icahn Master, Icahn Master II, and Icahn Master III.

SEC source: 0001140361-10-002614 · doc1.xml · nonDerivative · entry 1

ICAHN CARL C · CIK 0000921669 · 10% owner

ICAHN ENTERPRISES HOLDINGS L.P. · CIK 0001034563 · please see footnotes

IPH GP LLC · CIK 0001412091 · please see footnotes

ICAHN CAPITAL LP · CIK 0001412093 · please see footnotes

ICAHN OFFSHORE LP · CIK 0001322825 · please see footnotes

ICAHN ONSHORE LP · CIK 0001322826 · please see footnotes

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · please see footnotes

Disclosed balance after: 9,158,479

F1 · ownership.direct: High River Limited Partnership ("High River") directly beneficially owns 1,831,695 Shares, Icahn Partners LP ("Icahn Partners") directly beneficially owns 2,636,815 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,135,434 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 1,127,017 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 427,518 Shares.

F2 · ownership.direct: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.direct: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F4 · ownership.direct: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.direct: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.direct: On January 21, 2010, each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III exercised American-style call options (the " Call Options") referencing an aggregate of 783,479 underlying Shares. As a result of exercising the Call Options, High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III acquired in the aggregate 783,479 Shares, which are included in the 9,158,479 Shares reported in this Form 4.

F7 · ownership.direct: Please reference the Form 4 filing dated January 25, 2010, filed separately by Mr. Icahn, Barberry, Beckton, High River, Hopper, Icahn Enterprises G.P., Icahn Partners, Icahn Master, Icahn Master II, and Icahn Master III.

F1 · ownership.nature: High River Limited Partnership ("High River") directly beneficially owns 1,831,695 Shares, Icahn Partners LP ("Icahn Partners") directly beneficially owns 2,636,815 Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 3,135,434 Shares, Icahn Partners Master Fund II LP ("Icahn Master II") directly beneficially owns 1,127,017 Shares, and Icahn Partners Master Fund III LP ("Icahn Master III") directly beneficially owns 427,518 Shares.

F2 · ownership.nature: Barberry Corp. ("Barberry"), is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises Holdings"). Icahn Enterprises Holdings is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore LP ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of each of Icahn Master, Icahn Master II and Icahn Master III.

F3 · ownership.nature: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. As such, Mr. Icahn is in a position indirectly to determine the investment and voting decisions made by each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III. Each of Hopper, Barberry and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which each of Icahn Master, Icahn Master II and Icahn Master III owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises Holdings, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: On January 21, 2010, each of High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III exercised American-style call options (the " Call Options") referencing an aggregate of 783,479 underlying Shares. As a result of exercising the Call Options, High River, Icahn Partners, Icahn Master, Icahn Master II and Icahn Master III acquired in the aggregate 783,479 Shares, which are included in the 9,158,479 Shares reported in this Form 4.

F7 · ownership.nature: Please reference the Form 4 filing dated January 25, 2010, filed separately by Mr. Icahn, Barberry, Beckton, High River, Hopper, Icahn Enterprises G.P., Icahn Partners, Icahn Master, Icahn Master II, and Icahn Master III.

SEC source: 0000928475-08-000463 · form4120408ccib_ex.xml · nonDerivative · entry 1

ICAHN CARL C · CIK 0000921669 · Director · 10% owner

IPH GP LLC · CIK 0001412091 · please see all footnotes

ICAHN ENTERPRISES HOLDINGS L.P. · CIK 0001034563 · please see all footnotes

ICAHN ENTERPRISES G.P. INC. · CIK 0001257324 · please see all footnotes

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Direct

Disclosed balance after: 3,848

F1 · shares: Of these shares of Common Stock of WCI Communities, Inc. (the "Shares"), 1,279,725 Shares were sold by High River Limited Partnership ("High River"), 2,901,892 Shares were sold by Icahn Partners LP ("Icahn Partners"), and 1,914,558 Shares were sold by Icahn Partners Master Fund LP ("Icahn Master").

F2 · shares: Barberry Corp. ("Barberry) is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises"). Icahn Enterprises is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore L.P. ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of Icahn Master.

F3 · shares: Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. The foregoing entities, together with Mr. Icahn, are sometimes referred to collectively in this Form 4 as the "Reporting Persons." As a result of the transaction being reported by this Form 4, none of the Reporting Persons (other than Carl Icahn) beneficially own any Shares.

F6 · shares: Please reference the Form 4 filing dated December 5, 2008, filed separately by Mr. Icahn, High River, Hopper, Barberry, Beckton, Icahn Partners, Icahn Onshore, Icahn Master, Icahn Offshore, and Icahn Capital.

F5 · price: Please note that the purchase price was $0.000000003 per share.

F4 · balance_after: These Shares are directly beneficially owned by Carl Icahn.

F6 · balance_after: Please reference the Form 4 filing dated December 5, 2008, filed separately by Mr. Icahn, High River, Hopper, Barberry, Beckton, Icahn Partners, Icahn Onshore, Icahn Master, Icahn Offshore, and Icahn Capital.

SEC source: 0000928475-08-000363 · form4101008ccib_ex.xml · derivative · entry 9

ICAHN CARL C · CIK 0000921669 · Director · 10% owner

IPH GP LLC · CIK 0001412091 · see all footnotes

ICAHN ENTERPRISES HOLDINGS L.P. · CIK 0001034563 · see all footnotes

ICAHN ENTERPRISES G.P. INC. · CIK 0001257324 · see all footnotes

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · see footnotes

Disclosed balance after: 0

Underlying: Common Stock · 2,645,786 shares

Expires 2010-01-15

F11 · kind: On October 9, 2008, Icahn Master and the applicable counterparty settled a Swap entered into by such parties on December 11, 2007. In accordance with the terms of such Swap, Icahn Master paid to the applicable counterparty an amount representing, for each of the 2,645,786 Shares subject to this Swap, the decrease between $3.83 (the initial reference price) and $0.00 (the final valuation price). Pursuant to Rule 16a-4(b) under the Exchange Act, the termination of this Swap is being reported as a simultaneous purchase (which is exempt from the operation of Section 16(b) of the Exchange Act pursuant to Rule 16(b)-6(b) under the Exchange Act) and sale of the reference shares.

F11 · price: On October 9, 2008, Icahn Master and the applicable counterparty settled a Swap entered into by such parties on December 11, 2007. In accordance with the terms of such Swap, Icahn Master paid to the applicable counterparty an amount representing, for each of the 2,645,786 Shares subject to this Swap, the decrease between $3.83 (the initial reference price) and $0.00 (the final valuation price). Pursuant to Rule 16a-4(b) under the Exchange Act, the termination of this Swap is being reported as a simultaneous purchase (which is exempt from the operation of Section 16(b) of the Exchange Act pursuant to Rule 16(b)-6(b) under the Exchange Act) and sale of the reference shares.

F11 · derivative.exercise_date: On October 9, 2008, Icahn Master and the applicable counterparty settled a Swap entered into by such parties on December 11, 2007. In accordance with the terms of such Swap, Icahn Master paid to the applicable counterparty an amount representing, for each of the 2,645,786 Shares subject to this Swap, the decrease between $3.83 (the initial reference price) and $0.00 (the final valuation price). Pursuant to Rule 16a-4(b) under the Exchange Act, the termination of this Swap is being reported as a simultaneous purchase (which is exempt from the operation of Section 16(b) of the Exchange Act pursuant to Rule 16(b)-6(b) under the Exchange Act) and sale of the reference shares.

F3 · ownership.nature: Barberry Corp. ("Barberry) is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises"). Icahn Enterprises is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore L.P. ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of Icahn Master. Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. The foregoing entities, together with Mr. Icahn, are sometimes referred to collectively in this Form 4 as the "Reporting Persons."

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises, Icahn Enterprises GP, Beckton and Mr. Icahn, by virtue of their relationships to Icahn Partners, are deemed to beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners directly beneficially owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Hopper, Barberry and Mr. Icahn, by virtue of its relationship to High River, is deemed to beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River directly beneficially owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises, Icahn Enterprises GP, Beckton and Mr. Icahn, by virtue of their relationships to Icahn Master is deemed to beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Master directly beneficially owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: Each of High River, Icahn Partners and Icahn Master has entered into various cash-settled total return swap agreements (each a "Swap") with fixed termination dates and with respect to a notional number of shares of Common Stock ("reference shares") of WCI as set forth in Table II of the Form 4 filed by the Reporting Persons on December 13, 2007, and the applicable footnotes thereto (the "Original Forms").

F7 · ownership.nature: Under each Swap, at termination, the counterparty is obligated to pay to High River, Icahn Partners or Icahn Master, as applicable, in cash, amounts that are determined in part by reference to any increase between an initial reference price per reference share as set forth in Table II of the Original Forms and the market value of such reference shares on the applicable termination date.

F8 · ownership.nature: In addition, under each Swap, each of High River, Icahn Partners or Icahn Master, as applicable, is obligated to pay to the counterparty, in cash, amounts that are determined in part by reference to any decrease between the initial reference price per reference share set forth in Table II of the Original Forms and the market value of such reference shares on the applicable termination date. None of the Swaps provides for any of the Reporting Persons to have direct or indirect voting, investment or dispositive control over any reference shares and, accordingly, the Reporting Persons disclaim any beneficial ownership in any reference shares or other securities, if any, which may be owned by the counterparties to such Swaps.

F12 · ownership.nature: Please reference the Form 4 filing dated October 10, 2008, filed separately by Mr. Icahn, High River, Hopper, Barberry, Beckton, Icahn Partners, Icahn Onshore, Icahn Master, Icahn Offshore, and Icahn Capital.

SEC source: 0000928475-08-000363 · form4101008ccib_ex.xml · derivative · entry 8

ICAHN CARL C · CIK 0000921669 · Director · 10% owner

IPH GP LLC · CIK 0001412091 · see all footnotes

ICAHN ENTERPRISES HOLDINGS L.P. · CIK 0001034563 · see all footnotes

ICAHN ENTERPRISES G.P. INC. · CIK 0001257324 · see all footnotes

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · see footnotes

Disclosed balance after: 0

Underlying: Common Stock · 1,756,407 shares

Expires 2010-01-15

F10 · kind: On October 9, 2008, Icahn Partners and the applicable counterparty settled a Swap entered into by such parties on December 11, 2007. In accordance with the terms of such Swap, Icahn Partners paid to the applicable counterparty an amount representing, for each of the 1,756,407 Shares subject to this Swap, the decrease between $3.83 (the initial reference price) and $0.00 (the final valuation price). Pursuant to Rule 16a-4(b) under the Exchange Act, the termination of this Swap is being reported as a simultaneous purchase (which is exempt from the operation of Section 16(b) of the Exchange Act pursuant to Rule 16(b)-6(b) under the Exchange Act) and sale of the reference shares.

F10 · price: On October 9, 2008, Icahn Partners and the applicable counterparty settled a Swap entered into by such parties on December 11, 2007. In accordance with the terms of such Swap, Icahn Partners paid to the applicable counterparty an amount representing, for each of the 1,756,407 Shares subject to this Swap, the decrease between $3.83 (the initial reference price) and $0.00 (the final valuation price). Pursuant to Rule 16a-4(b) under the Exchange Act, the termination of this Swap is being reported as a simultaneous purchase (which is exempt from the operation of Section 16(b) of the Exchange Act pursuant to Rule 16(b)-6(b) under the Exchange Act) and sale of the reference shares.

F10 · derivative.exercise_date: On October 9, 2008, Icahn Partners and the applicable counterparty settled a Swap entered into by such parties on December 11, 2007. In accordance with the terms of such Swap, Icahn Partners paid to the applicable counterparty an amount representing, for each of the 1,756,407 Shares subject to this Swap, the decrease between $3.83 (the initial reference price) and $0.00 (the final valuation price). Pursuant to Rule 16a-4(b) under the Exchange Act, the termination of this Swap is being reported as a simultaneous purchase (which is exempt from the operation of Section 16(b) of the Exchange Act pursuant to Rule 16(b)-6(b) under the Exchange Act) and sale of the reference shares.

F3 · ownership.nature: Barberry Corp. ("Barberry) is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises"). Icahn Enterprises is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore L.P. ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of Icahn Master. Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. The foregoing entities, together with Mr. Icahn, are sometimes referred to collectively in this Form 4 as the "Reporting Persons."

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises, Icahn Enterprises GP, Beckton and Mr. Icahn, by virtue of their relationships to Icahn Partners, are deemed to beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners directly beneficially owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Hopper, Barberry and Mr. Icahn, by virtue of its relationship to High River, is deemed to beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River directly beneficially owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises, Icahn Enterprises GP, Beckton and Mr. Icahn, by virtue of their relationships to Icahn Master is deemed to beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Master directly beneficially owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: Each of High River, Icahn Partners and Icahn Master has entered into various cash-settled total return swap agreements (each a "Swap") with fixed termination dates and with respect to a notional number of shares of Common Stock ("reference shares") of WCI as set forth in Table II of the Form 4 filed by the Reporting Persons on December 13, 2007, and the applicable footnotes thereto (the "Original Forms").

F7 · ownership.nature: Under each Swap, at termination, the counterparty is obligated to pay to High River, Icahn Partners or Icahn Master, as applicable, in cash, amounts that are determined in part by reference to any increase between an initial reference price per reference share as set forth in Table II of the Original Forms and the market value of such reference shares on the applicable termination date.

F8 · ownership.nature: In addition, under each Swap, each of High River, Icahn Partners or Icahn Master, as applicable, is obligated to pay to the counterparty, in cash, amounts that are determined in part by reference to any decrease between the initial reference price per reference share set forth in Table II of the Original Forms and the market value of such reference shares on the applicable termination date. None of the Swaps provides for any of the Reporting Persons to have direct or indirect voting, investment or dispositive control over any reference shares and, accordingly, the Reporting Persons disclaim any beneficial ownership in any reference shares or other securities, if any, which may be owned by the counterparties to such Swaps.

F12 · ownership.nature: Please reference the Form 4 filing dated October 10, 2008, filed separately by Mr. Icahn, High River, Hopper, Barberry, Beckton, Icahn Partners, Icahn Onshore, Icahn Master, Icahn Offshore, and Icahn Capital.

SEC source: 0000928475-08-000363 · form4101008ccib_ex.xml · derivative · entry 7

ICAHN CARL C · CIK 0000921669 · Director · 10% owner

IPH GP LLC · CIK 0001412091 · see all footnotes

ICAHN ENTERPRISES HOLDINGS L.P. · CIK 0001034563 · see all footnotes

ICAHN ENTERPRISES G.P. INC. · CIK 0001257324 · see all footnotes

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · see footnotes

Disclosed balance after: 0

Underlying: Common Stock · 1,024,920 shares

Expires 2010-01-15

F9 · kind: On October 9, 2008, High River and the applicable counterparty settled a Swap entered into by such parties on December 11, 2007. In accordance with the terms of such Swap, High River paid to the applicable counterparty an amount representing, for each of the 1,024,920 Shares subject to this Swap, the decrease between $3.83 (the initial reference price) and $0.00 (the final valuation price). Pursuant to Rule 16a-4(b) under the Exchange Act, the termination of this Swap is being reported as a simultaneous purchase (which is exempt from the operation of Section 16(b) of the Exchange Act pursuant to Rule 16(b)-6(b) under the Exchange Act) and sale of the reference shares.

F9 · price: On October 9, 2008, High River and the applicable counterparty settled a Swap entered into by such parties on December 11, 2007. In accordance with the terms of such Swap, High River paid to the applicable counterparty an amount representing, for each of the 1,024,920 Shares subject to this Swap, the decrease between $3.83 (the initial reference price) and $0.00 (the final valuation price). Pursuant to Rule 16a-4(b) under the Exchange Act, the termination of this Swap is being reported as a simultaneous purchase (which is exempt from the operation of Section 16(b) of the Exchange Act pursuant to Rule 16(b)-6(b) under the Exchange Act) and sale of the reference shares.

F9 · derivative.exercise_date: On October 9, 2008, High River and the applicable counterparty settled a Swap entered into by such parties on December 11, 2007. In accordance with the terms of such Swap, High River paid to the applicable counterparty an amount representing, for each of the 1,024,920 Shares subject to this Swap, the decrease between $3.83 (the initial reference price) and $0.00 (the final valuation price). Pursuant to Rule 16a-4(b) under the Exchange Act, the termination of this Swap is being reported as a simultaneous purchase (which is exempt from the operation of Section 16(b) of the Exchange Act pursuant to Rule 16(b)-6(b) under the Exchange Act) and sale of the reference shares.

F3 · ownership.nature: Barberry Corp. ("Barberry) is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises"). Icahn Enterprises is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore L.P. ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of Icahn Master. Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. The foregoing entities, together with Mr. Icahn, are sometimes referred to collectively in this Form 4 as the "Reporting Persons."

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises, Icahn Enterprises GP, Beckton and Mr. Icahn, by virtue of their relationships to Icahn Partners, are deemed to beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners directly beneficially owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Hopper, Barberry and Mr. Icahn, by virtue of its relationship to High River, is deemed to beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River directly beneficially owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises, Icahn Enterprises GP, Beckton and Mr. Icahn, by virtue of their relationships to Icahn Master is deemed to beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Master directly beneficially owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: Each of High River, Icahn Partners and Icahn Master has entered into various cash-settled total return swap agreements (each a "Swap") with fixed termination dates and with respect to a notional number of shares of Common Stock ("reference shares") of WCI as set forth in Table II of the Form 4 filed by the Reporting Persons on December 13, 2007, and the applicable footnotes thereto (the "Original Forms").

F7 · ownership.nature: Under each Swap, at termination, the counterparty is obligated to pay to High River, Icahn Partners or Icahn Master, as applicable, in cash, amounts that are determined in part by reference to any increase between an initial reference price per reference share as set forth in Table II of the Original Forms and the market value of such reference shares on the applicable termination date.

F8 · ownership.nature: In addition, under each Swap, each of High River, Icahn Partners or Icahn Master, as applicable, is obligated to pay to the counterparty, in cash, amounts that are determined in part by reference to any decrease between the initial reference price per reference share set forth in Table II of the Original Forms and the market value of such reference shares on the applicable termination date. None of the Swaps provides for any of the Reporting Persons to have direct or indirect voting, investment or dispositive control over any reference shares and, accordingly, the Reporting Persons disclaim any beneficial ownership in any reference shares or other securities, if any, which may be owned by the counterparties to such Swaps.

F12 · ownership.nature: Please reference the Form 4 filing dated October 10, 2008, filed separately by Mr. Icahn, High River, Hopper, Barberry, Beckton, Icahn Partners, Icahn Onshore, Icahn Master, Icahn Offshore, and Icahn Capital.

SEC source: 0000928475-08-000363 · form4101008ccib_ex.xml · nonDerivative · entry 6

ICAHN CARL C · CIK 0000921669 · Director · 10% owner

IPH GP LLC · CIK 0001412091 · see all footnotes

ICAHN ENTERPRISES HOLDINGS L.P. · CIK 0001034563 · see all footnotes

ICAHN ENTERPRISES G.P. INC. · CIK 0001257324 · see all footnotes

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · see footnotes

Disclosed balance after: 6,100,023

F11 · price: On October 9, 2008, Icahn Master and the applicable counterparty settled a Swap entered into by such parties on December 11, 2007. In accordance with the terms of such Swap, Icahn Master paid to the applicable counterparty an amount representing, for each of the 2,645,786 Shares subject to this Swap, the decrease between $3.83 (the initial reference price) and $0.00 (the final valuation price). Pursuant to Rule 16a-4(b) under the Exchange Act, the termination of this Swap is being reported as a simultaneous purchase (which is exempt from the operation of Section 16(b) of the Exchange Act pursuant to Rule 16(b)-6(b) under the Exchange Act) and sale of the reference shares.

F1 · ownership.nature: Of these shares of Common Stock, par value $0.01 per share ("Shares"), of WCI Communities, Inc. ("WCI"), Carl C. Icahn directly beneficially owns 3,848 shares, High River Limited Partnership ("High River") directly beneficially owns 1,279,725 Shares and Icahn Partners LP ("Icahn Partners") directly beneficially owns 2,901,892 Shares.

F2 · ownership.nature: Of these Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 1,914,558 Shares.

F3 · ownership.nature: Barberry Corp. ("Barberry) is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises"). Icahn Enterprises is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore L.P. ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of Icahn Master. Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. The foregoing entities, together with Mr. Icahn, are sometimes referred to collectively in this Form 4 as the "Reporting Persons."

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises, Icahn Enterprises GP, Beckton and Mr. Icahn, by virtue of their relationships to Icahn Partners, are deemed to beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners directly beneficially owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Hopper, Barberry and Mr. Icahn, by virtue of its relationship to High River, is deemed to beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River directly beneficially owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises, Icahn Enterprises GP, Beckton and Mr. Icahn, by virtue of their relationships to Icahn Master is deemed to beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Master directly beneficially owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: Each of High River, Icahn Partners and Icahn Master has entered into various cash-settled total return swap agreements (each a "Swap") with fixed termination dates and with respect to a notional number of shares of Common Stock ("reference shares") of WCI as set forth in Table II of the Form 4 filed by the Reporting Persons on December 13, 2007, and the applicable footnotes thereto (the "Original Forms").

F7 · ownership.nature: Under each Swap, at termination, the counterparty is obligated to pay to High River, Icahn Partners or Icahn Master, as applicable, in cash, amounts that are determined in part by reference to any increase between an initial reference price per reference share as set forth in Table II of the Original Forms and the market value of such reference shares on the applicable termination date.

F8 · ownership.nature: In addition, under each Swap, each of High River, Icahn Partners or Icahn Master, as applicable, is obligated to pay to the counterparty, in cash, amounts that are determined in part by reference to any decrease between the initial reference price per reference share set forth in Table II of the Original Forms and the market value of such reference shares on the applicable termination date. None of the Swaps provides for any of the Reporting Persons to have direct or indirect voting, investment or dispositive control over any reference shares and, accordingly, the Reporting Persons disclaim any beneficial ownership in any reference shares or other securities, if any, which may be owned by the counterparties to such Swaps.

F12 · ownership.nature: Please reference the Form 4 filing dated October 10, 2008, filed separately by Mr. Icahn, High River, Hopper, Barberry, Beckton, Icahn Partners, Icahn Onshore, Icahn Master, Icahn Offshore, and Icahn Capital.

SEC source: 0000928475-08-000363 · form4101008ccib_ex.xml · nonDerivative · entry 5

ICAHN CARL C · CIK 0000921669 · Director · 10% owner

IPH GP LLC · CIK 0001412091 · see all footnotes

ICAHN ENTERPRISES HOLDINGS L.P. · CIK 0001034563 · see all footnotes

ICAHN ENTERPRISES G.P. INC. · CIK 0001257324 · see all footnotes

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · see footnotes

Disclosed balance after: 8,745,809

F11 · price: On October 9, 2008, Icahn Master and the applicable counterparty settled a Swap entered into by such parties on December 11, 2007. In accordance with the terms of such Swap, Icahn Master paid to the applicable counterparty an amount representing, for each of the 2,645,786 Shares subject to this Swap, the decrease between $3.83 (the initial reference price) and $0.00 (the final valuation price). Pursuant to Rule 16a-4(b) under the Exchange Act, the termination of this Swap is being reported as a simultaneous purchase (which is exempt from the operation of Section 16(b) of the Exchange Act pursuant to Rule 16(b)-6(b) under the Exchange Act) and sale of the reference shares.

F3 · ownership.nature: Barberry Corp. ("Barberry) is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises"). Icahn Enterprises is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore L.P. ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of Icahn Master. Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. The foregoing entities, together with Mr. Icahn, are sometimes referred to collectively in this Form 4 as the "Reporting Persons."

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises, Icahn Enterprises GP, Beckton and Mr. Icahn, by virtue of their relationships to Icahn Partners, are deemed to beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners directly beneficially owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Hopper, Barberry and Mr. Icahn, by virtue of its relationship to High River, is deemed to beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River directly beneficially owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises, Icahn Enterprises GP, Beckton and Mr. Icahn, by virtue of their relationships to Icahn Master is deemed to beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Master directly beneficially owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: Each of High River, Icahn Partners and Icahn Master has entered into various cash-settled total return swap agreements (each a "Swap") with fixed termination dates and with respect to a notional number of shares of Common Stock ("reference shares") of WCI as set forth in Table II of the Form 4 filed by the Reporting Persons on December 13, 2007, and the applicable footnotes thereto (the "Original Forms").

F7 · ownership.nature: Under each Swap, at termination, the counterparty is obligated to pay to High River, Icahn Partners or Icahn Master, as applicable, in cash, amounts that are determined in part by reference to any increase between an initial reference price per reference share as set forth in Table II of the Original Forms and the market value of such reference shares on the applicable termination date.

F8 · ownership.nature: In addition, under each Swap, each of High River, Icahn Partners or Icahn Master, as applicable, is obligated to pay to the counterparty, in cash, amounts that are determined in part by reference to any decrease between the initial reference price per reference share set forth in Table II of the Original Forms and the market value of such reference shares on the applicable termination date. None of the Swaps provides for any of the Reporting Persons to have direct or indirect voting, investment or dispositive control over any reference shares and, accordingly, the Reporting Persons disclaim any beneficial ownership in any reference shares or other securities, if any, which may be owned by the counterparties to such Swaps.

F12 · ownership.nature: Please reference the Form 4 filing dated October 10, 2008, filed separately by Mr. Icahn, High River, Hopper, Barberry, Beckton, Icahn Partners, Icahn Onshore, Icahn Master, Icahn Offshore, and Icahn Capital.

SEC source: 0000928475-08-000363 · form4101008ccib_ex.xml · nonDerivative · entry 4

ICAHN CARL C · CIK 0000921669 · Director · 10% owner

IPH GP LLC · CIK 0001412091 · see all footnotes

ICAHN ENTERPRISES HOLDINGS L.P. · CIK 0001034563 · see all footnotes

ICAHN ENTERPRISES G.P. INC. · CIK 0001257324 · see all footnotes

Joint disclosure: these amounts are not allocated separately to each reporting owner.

10b5-1 filing: Not disclosed

Ownership: Indirect · see footnotes

Disclosed balance after: 6,100,023

F10 · price: On October 9, 2008, Icahn Partners and the applicable counterparty settled a Swap entered into by such parties on December 11, 2007. In accordance with the terms of such Swap, Icahn Partners paid to the applicable counterparty an amount representing, for each of the 1,756,407 Shares subject to this Swap, the decrease between $3.83 (the initial reference price) and $0.00 (the final valuation price). Pursuant to Rule 16a-4(b) under the Exchange Act, the termination of this Swap is being reported as a simultaneous purchase (which is exempt from the operation of Section 16(b) of the Exchange Act pursuant to Rule 16(b)-6(b) under the Exchange Act) and sale of the reference shares.

F1 · ownership.nature: Of these shares of Common Stock, par value $0.01 per share ("Shares"), of WCI Communities, Inc. ("WCI"), Carl C. Icahn directly beneficially owns 3,848 shares, High River Limited Partnership ("High River") directly beneficially owns 1,279,725 Shares and Icahn Partners LP ("Icahn Partners") directly beneficially owns 2,901,892 Shares.

F2 · ownership.nature: Of these Shares, Icahn Partners Master Fund LP ("Icahn Master") directly beneficially owns 1,914,558 Shares.

F3 · ownership.nature: Barberry Corp. ("Barberry) is the sole member of Hopper Investments LLC ("Hopper"), which is the general partner of High River. Beckton Corp. ("Beckton") is the sole stockholder of Icahn Enterprises G.P. Inc. ("Icahn Enterprises GP"), which is the general partner of Icahn Enterprises Holdings L.P. ("Icahn Enterprises"). Icahn Enterprises is the sole member of IPH GP LLC ("IPH"), which is the general partner of Icahn Capital LP ("Icahn Capital"). Icahn Capital is the general partner of each of Icahn Onshore L.P. ("Icahn Onshore") and Icahn Offshore LP ("Icahn Offshore"). Icahn Onshore is the general partner of Icahn Partners. Icahn Offshore is the general partner of Icahn Master. Each of Barberry and Beckton is 100 percent owned by Carl C. Icahn. The foregoing entities, together with Mr. Icahn, are sometimes referred to collectively in this Form 4 as the "Reporting Persons."

F4 · ownership.nature: Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises, Icahn Enterprises GP, Beckton and Mr. Icahn, by virtue of their relationships to Icahn Partners, are deemed to beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Partners directly beneficially owns. Each of Icahn Onshore, Icahn Capital, IPH, Icahn Enterprises, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F5 · ownership.nature: Each of Hopper, Barberry and Mr. Icahn, by virtue of its relationship to High River, is deemed to beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which High River directly beneficially owns. Each of Hopper, Barberry and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises, Icahn Enterprises GP, Beckton and Mr. Icahn, by virtue of their relationships to Icahn Master is deemed to beneficially own (as that term is defined in Rule 13d-3 under the Act) the Shares which Icahn Master directly beneficially owns. Each of Icahn Offshore, Icahn Capital, IPH, Icahn Enterprises, Icahn Enterprises GP, Beckton and Mr. Icahn disclaims beneficial ownership of such Shares except to the extent of their pecuniary interest therein.

F6 · ownership.nature: Each of High River, Icahn Partners and Icahn Master has entered into various cash-settled total return swap agreements (each a "Swap") with fixed termination dates and with respect to a notional number of shares of Common Stock ("reference shares") of WCI as set forth in Table II of the Form 4 filed by the Reporting Persons on December 13, 2007, and the applicable footnotes thereto (the "Original Forms").

F7 · ownership.nature: Under each Swap, at termination, the counterparty is obligated to pay to High River, Icahn Partners or Icahn Master, as applicable, in cash, amounts that are determined in part by reference to any increase between an initial reference price per reference share as set forth in Table II of the Original Forms and the market value of such reference shares on the applicable termination date.

F8 · ownership.nature: In addition, under each Swap, each of High River, Icahn Partners or Icahn Master, as applicable, is obligated to pay to the counterparty, in cash, amounts that are determined in part by reference to any decrease between the initial reference price per reference share set forth in Table II of the Original Forms and the market value of such reference shares on the applicable termination date. None of the Swaps provides for any of the Reporting Persons to have direct or indirect voting, investment or dispositive control over any reference shares and, accordingly, the Reporting Persons disclaim any beneficial ownership in any reference shares or other securities, if any, which may be owned by the counterparties to such Swaps.

F12 · ownership.nature: Please reference the Form 4 filing dated October 10, 2008, filed separately by Mr. Icahn, High River, Hopper, Barberry, Beckton, Icahn Partners, Icahn Onshore, Icahn Master, Icahn Offshore, and Icahn Capital.