EFTA00731279.txt

"Gruss was a partner in the Company from January 1, 2006 to October 4, 2006... as Chief Financial Officer and Chief Administrative Officer"

"Gruss held the position, responsibilities and title of Chief Financial Officer of the Company from July 2002 to October 4, 2006."

"Gruss also held the position, responsibilities and title of Chief Administrative Officer of the Company from approximately April 2005 to October 4, 20"

"Gruss was also a partner in the Company and a member of DBZLLC from January 1, 2006 to October 4, 2006."

"Gruss was also a partner in the Company and a member of DBZLLC from January 1, 2006 to October 4, 2006."

"In 2002, Highbridge Capital Management, LLC and Zwirn formed Highbridge/Zwim Capital Management, LLC"

"In 2002, Highbridge Capital Management, LLC and Zwirn formed Highbridge/Zwim Capital Management, LLC"

"Throughout the relevant period, Gruss was the Chief Financial Officer of the Company"

"the general partner of the Company was DBZ GP, LLC, an entity controlled by Zwim."

"the managing member of DBZLLC was Zwirn Holdings, LLC, an entity controlled by Zwirn."

"Plaintiff and Counterclaim-Defendant Gruss is a... former member of DBZLLC."

"the results of the Gibson Dunn investigation were provided to the SEC as part of the Company's cooperation with the SEC's investigation."

"Through his misconduct, Gruss violated his duties... and caused the Company to spend over $43 million on investigations and remediation."

"defendant Daniel B. Zwirn ("Zwirn") was the managing member of Zwirn Holdings, LLC"

"Zwirn Holdings, LLC, which was the managing member of DBZ GP, LLC"

"DBZ GP, LLC, which was the general partner of the Company"

"Zwirn Holdings, LLC was also the managing member of DBZLLC"

"Defendants D.B. Zwim & Co., L.P... by their attorneys Cooley Godward ICronish LLP"

"Plaintiff Perry A. Gruss ("Gruss") was a partner in the Company... and was the Chief Financial Officer and Chief Administrative Officer of the Company"

"Plaintiff Perry A. Gruss ("Gruss") was... a member of DBZLLC"

"Harold Kahn ("Kahn") was hired in April 2005 to serve as the Company's Chief Operating Officer"

"Gruss was hired by Highbridge Capital Management, LLC to be the Chief Financial Officer of Highbridge/Zwirn Capital Management, LLC"

"Zwim had conversations with Gruss about Gruss's responsibility to ensure that the investments made by the Managed Funds were properly financed"

"Zwim held meetings to discuss the Company's finances and that these meetings were at times attended by Kahn, Tim Wong, Christopher Suan, and Gruss"

"Zwim held meetings to discuss the Company's finances and that these meetings were at times attended by Kahn, Tim Wong, Christopher Suan, and Gruss"

"Zwim held meetings to discuss the Company's finances and that these meetings were at times attended by Kahn, Tim Wong, Christopher Suan, and Gruss"

"admit that there was a time when Zwim owned a Gulfstream IV jet used for business purposes"

"the Company immediately brought these issues to the attention of its outside counsel Schulte for review"

"the Company retained Gibson Dunn & Crutcher LLP ("Gibson Dunn") to conduct an independent review"

"Zwim chaired the management committee of the Company"

"Gruss was the Company's Chief Financial Officer until on or about October 4, 2006"

"In July 2002, Gruss was hired by Highbridge Capital Management, LLC"

"Silvia Wu and Li Anne Law, who were financial controllers for the Funds, reported to Gruss"

"Silvia Wu and Li Anne Law, who were financial controllers for the Funds, reported to Gruss"

"her successor, Alisa Butchkowski (who also reported to Gruss)"

"Jason Pecora, a Company employee who reported to Gruss"

"Gruss directed and approved numerous improper transfers of money between the Managed Funds"

"In an April 18, 2005 email... Li Anne Law suggested that Gruss 'get all the partners/top mgmt in the loop'"

"Gruss held the position, responsibilities and title of Chief Financial Officer of the Company from July 2002 to October 4, 2006"

"Gruss also held the position, responsibilities and title of Chief Administrative Officer of the Company from approximately April 2005 to October 4, 20"

"Gruss was also a partner in the Company and a member of DBZLLC from January 1, 2006 to October 4, 2006"

"Attorneys for Defendants D.B. Zwirn & Co., LP. and D.B. Zwirn 'Farmers, LLC"

"Gruss has damaged the Company in an amount to be determined at trial, but believed to be in excess of $43.3 million"

"Harold Kahn, the Company's Chief Operating Officer"

"Company Controller Tim Wong brought this issue to the Company's attention"

"Gruss was aware of and approved the use of investor money to fund the purchase of an airplane."

"Gruss authorized the $1.9 million payment from the HCM/Z account to Citibank"

"Gruss signed a wire transfer form authorizing $80,250 to be wired from the HCM/Z account"

"Gruss instructed Law to decrease the Offshore Fund's monthly expenses by $500,000."

"Kahn emailed Li Anne Law, copying Gruss"