WEB SITE USE TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS OF USE”) CAREFULLY.  BY ACCESSING OR VIEWING THIS WEB SITE (“SITE”) AND ANY PAGES THEREOF, YOU/USER AGREE TO BE BOUND BY THE TERMS OF USE.  MATLINPATTERSON GLOBAL ADVISERS LLC, ITS AFFILIATED MANAGEMENT COMPANIES AND/OR THEIR RESPECTIVE AFFILIATES (COLLECTIVELY, “MATLINPATTERSON”) EXPRESSLY RESERVES THE RIGHT TO MODIFY THESE TERMS OF USE AND/OR SITE AT ANY TIME.  IT IS YOUR RESPONSIBILITY TO REVIEW THE TERMS OF USE; AND YOUR CONTINUED USE OF THIS SITE SHALL CONCLUSIVELY CONSTITUTE YOUR ACCEPTANCE OF THE TERMS OF USE AND ANY MODIFICATIONS THEREOF.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS THIS SITE, OR ANY PAGES THEREOF.

General

Access to certain areas of this Site shall be permitted only to authorized individuals who have valid login information and a password.  You are responsible for the use of your login and password, and therefore, you must take appropriate steps to protect them from unauthorized disclosure.  If you become aware of any unauthorized disclosure or access, you must immediately advise MatlinPatterson.  Further, by using or accessing this Site, you are representing that you are permitted to view and use such materials as provided in this Site.  You may not violate or attempt to violate the security of the Site.  Tampering with any portion of the Site, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Site, whether or not through the use of agents, are prohibited and constitute a breach of these Terms of Use.

This site is intended to provide general information regarding the services and/or products offered by MatlinPatterson and does not constitute advisement with respect to any particular investment services, funds, or securities.  Further, this Site and the information contained herein shall not be construed as any offer to sell or solicitation to buy any securities or related financial instruments in any jurisdiction.  In addition, it should not be assumed that any information concerning past performances of any investment products is any indication of future performance in any way as there is always a risk of loss.  Certain investment strategies are subject to significant risks and therefore, not suitable for all investors.

Unless otherwise specified, the information and other materials provided in this Site are intended solely for users that are permitted to view and use such information and materials pursuant to laws and regulations in their respective jurisdictions.  All responses or information which may include personalized or customized investment-related advice shall not be made except pursuant to compliance with applicable laws and regulations.  Offerings are made only to qualified persons, including those who are “accredited investors” as defined in Rule 501(a) under the Securities Act of 1933, as amended.  MatlinPatterson makes no representation that the information and material accessible through the Site is appropriate or available for use in all jurisdictions.  The information and materials provided through the Site are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would violate any laws or regulations.  You, by accessing and using this Site, are using the information and materials at your own risk and shall comply with all applicable laws and regulations.

Intellectual Property

This Site and all its content, including all trademarks, service marks, trade names, logos, text, materials, and other information (“Intellectual Property”), are the exclusive property of MatlinPatterson and/or their respective owners.  Any other third party Intellectual Property used in this Site is owned by their respective owners, and MatlinPatterson makes no representations of any kind with respect to such third party Intellectual Property.  Nothing in this Site shall be deemed to convey upon you any right, title, or interest in any Intellectual Property except for the right to view and/or use the same pursuant to these Terms and of Use.  Any unauthorized use of any Intellectual Property may constitute an infringement under applicable laws for which you shall be solely liable.

Except as expressly permitted in writing, no information or materials provided on the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way to third parties.  You may, for your own internal use only, download any information or materials displayed on this Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials.  You may not distribute, modify, transmit, reuse, report or use the content of this Site for public or commercial purposes, including the text, images, and/or audio and video, without MatlinPatterson’s prior written permission.

This Site may contain links to other websites and/or other third party content.  This is provided solely for your convenience and MatlinPatterson does not review or monitor any third party websites linked from or to the Site and does not make any representations or warranties with respect to such third party websites and/or information.  If you decide to access the linked third party website, you do so at your own risk.  MatlinPatterson shall not be responsible for any information, materials or services obtained on or from such other websites and will not be liable in any respect for any damages arising from your access of such websites.  The inclusion of these links does not imply any endorsement, representation or warranty by MatlinPatterson with respect to any such website or the content or services contained through such websites. Furthermore, you agree not to link any websites to this Site without the express prior written consent of MatlinPatterson.

Disclaimers and Limitation of Liability

MatlinPatterson makes no warranties or representations as to the accuracy of this Site or any information or materials provided herein.  Under no circumstances shall MatlinPatterson, its officers, directors, managers, employees, contractors, or any party involved in creating, producing, or delivering the Site be liable to you or any third party for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this Site, even if an MatlinPatterson authorized representative has been advised of the possibility of such damages.  Further, MatlinPatterson shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images, video, or audio from this Site.

THE SITE AND ALL OF ITS CONTENTS ARE MADE AVAILABLE BY MatlinPatterson “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED.  ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND EXPRESSLY DISCLAIMED.  MatlinPatterson MAKES NO WARRANTY THAT THE SITE WILL MEET ANY USER’S REQUIREMENTS.  USERS OF THE SITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THE SITE AND ITS CONTENTS AND ACKNOWLEDGE THAT THE SITE AND ITS CONTENTS MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO TIME IN THE SOLE DISCRETION OF MatlinPatterson. MatlinPatterson DOES NOT REPRESENT OR WARRANT THAT ANY SITE CONTENT WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY SITE REFERRED OR LINKED TO HEREIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MatlinPatterson ASSUMES NO LIABILITY FOR LOSS OR DAMAGE RESULTING FROM ANY USE OF OR RELIANCE UPON THE SITE OR ITS CONTENTS. IN NO EVENT WILL MatlinPatterson BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE SITE, ITS CONTENTS, THE USE THEREOF, OR THE INABILITY TO USE THE SITE, EVEN IF MatlinPatterson HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

Indemnification

You agree to defend, indemnify and hold MatlinPatterson and its directors, officers, members, partners, principals, employees, agents and representatives harmless from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising in any way from (i) your use of the Site, or (ii) your breach or violation of law or any of these Terms of Use.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense at your own cost and risk.

Miscellaneous

MatlinPatterson may collect certain aggregate and non-personal information when you visit the Site. We may collect this information through “cookie” technology.  Cookies may enhance your online experience by saving your preferences while you are visiting a particular site.

These Terms of Use shall be governed by and construed in accordance with the laws of the state of New York.  You agree that any dispute or action at law or inequity arising out of or relating to these Terms of Use or your use of the Site shall be commenced only in the state or federal courts located in New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such dispute or action.

Nothing contained in these Terms of Use is intended to modify or amend any other written agreement you may have with MatlinPatterson, if any, that may currently be in effect. In the event of any inconsistency between these Terms of Use and any Other Agreements, the other Agreements will govern.

No waiver by MatlinPatterson of any right under or term or provision of these Terms of Use will be deemed a waiver of any other right, term or provision of these Terms of Use at that time or a waiver of that or any other right, term or provision of these Terms of Use at any other time.  If any provision of these Terms of Use is found to be invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use represent and constitute the entire agreement between MatlinPatterson and you relating to the subject matter discussed herein.

If you have any questions about this Site or these Terms of Use, you may contact MatlinPatterson at the following address:

MatlinPatterson Global Advisers L.L.C.

520 Madison Avenue

New York, NY 10022-4213

Phone: 212.651.9500

Fax: 212.651.4010

Email: weiss@mpasset.com

Contact Person: Robert Weiss

Termination

These Terms of Use are effective until terminated by MatlinPatterson, provided that you may terminate the Terms of Use at any time by destroying all information and materials obtained by you or on your behalf from the Site and all related documentation, copies, and installations whether made under these terms or otherwise. Such termination by you will not be effective if MatlinPatterson, in its sole discretion and without notice to you, determines that you failed to comply with any term or condition stated herein. Upon termination of these terms you must destroy all information and materials obtained by you or on your behalf from the Site and all associated documentation, copies, and installation whether made under these terms or otherwise.