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Well <br />46. In accordance with the Meetings Order, Paul Bishop, an officer of FTI, acted as <br />the chair (the "Chair ") of the Meetings. Pamela Luthra of FTI acted as secretary (the <br />"Secretary ") and scrutineer (the "Scrutineer ") of the Meetings. <br />47. The Chair held 2 proxies from the WARN Act Plaintiffs Class, thereby satisfying <br />the requirement that a quorum of at least one WARN Act Plaintiff was present either in person or <br />by proxy. Accordingly the Chair declared that the Meeting of the WARN Act Plaintiffs Class <br />was properly constituted. The Scrutineer's report with respect to attendance at the WARN Act <br />Plaintiffs Class Meeting is attached hereto as Appendix "D ". <br />48. The Chair held 4 proxies from Affected Unsecured Creditors. Additionally, Jay <br />A. Swartz of Davies Ward Philips & Vineberg LLP attended and acted on behalf of the Secured <br />Noteholders for the Secured Noteholders Allowed Unsecured Claim, as per the Secured <br />Noteholder Proxy, thereby satisfying the requirement that a quorum of at least one Affected <br />Unsecured Creditor was present either in person or by proxy. Accordingly the Chair declared <br />that the Meeting of the Affected Unsecured Creditors Class was properly constituted. The <br />Scrutineer's report with respect to attendance at the Unsecured Creditors Class Meeting is <br />attached hereto as Appendix "D ". <br />49. Jay A. Swartz attended and acted on behalf of the Secured Noteholders at the <br />Secured Noteholders Meeting, as per the Secured Noteholder Proxy, thereby satisfying the <br />requirement that a quorum of at least one Secured Noteholder was present either in person or by <br />proxy. Accordingly the Chair declared that the Meeting of the Secured Noteholders Class was <br />properly constituted. The Scrutineer's report with respect to attendance at the Secured <br />Noteholders Class Meeting is attached hereto as Appendix "D ". <br />