The response to Item 3 of this Schedule 13D is incorporated by reference herein. The Reporting Persons acquired the Secured Exit Notes and the Common Shares in connection with the Issuer's emergence from bankruptcy on the Effective Date. On the Effective Date, the Issuer adopted its Fourth Amended and Restated Bylaws, which provides that the Board of Trustees (the "Board") of the Issuer shall include up to two Trustees who are initially designated for appointment to the Board by Redwood Capital, with such designation right consisting of (a) up to two Trustees so long as Redwood Capital and its affiliates beneficially own 10% or more of the outstanding Common Shares of the Issuer and (b) up to one Trustee so long as Redwood Capital and its affiliates beneficially own 5% or more of the outstanding Common Shares of the Issuer. Pursuant to the Fourth Amended and Restated Bylaws, Jonathan Kolatch was appointed to the Board, effective as of the Effective Date, as designated by Redwood Capital. Redwood Capital did not initially designate a second Trustee for appointment as of the Effective Date. In addition, as of the Effective Date, the Issuer entered into a board observation rights agreement with Redwood Capital (the "Board Observation Rights Agreement"), which provides that Redwood Capital is entitled to appoint one non-voting Board Observer so long as Redwood Capital beneficially owns 15% or more of the outstanding Common Shares of the Issuer. Redwood Capital did not initially appoint a Board Observer as of the Effective Date. The foregoing description of the Board Observation Rights Agreement is qualified in its entirety by reference to the full text of the Board Observation Rights Agreement, which is attached hereto as Exhibit 99.2 and incorporated herein by reference. In connection with strategic or other corporate transactions, the Reporting Persons have in the past engaged and expect to continue to engage in discussions with, and may exchange information with, potential strategic partners, acquirers/co-acquirers, investment professionals and potential financing sources, may participate in any related transaction as principal and/or as a provider of financing and may enter into agreements with respect to the foregoing. The Reporting Persons have in the past considered and may in the future consider a wide variety of matters and plans or proposals that could result in the occurrence of any of the matters set forth in clauses (a)-(j) of Item 4 of Schedule 13D. As a result of their ownership interest in the Issuer, the Reporting Persons exercise significant influence over the Issuer's business practices and strategy and all matters requiring action by the Issuer's shareholders, including the election of the Board of the Issuer and the ability as shareholders to approve or reject strategic or other corporate transactions. The Reporting Persons review their investment in the Issuer on a continuing basis. Depending on various factors, including, without limitation, the Issuer's financial position, results of operations, price levels of the Common Shares, conditions in the securities market and general economic and industry conditions, the Reporting Persons may in the future take or propose to take such actions with respect to their investment in the Issuer as they deem appropriate, including, without limitation, acquiring additional Common Shares (or other securities of or interests in the Issuer) and/or the entirety of the Issuer or disposing of all or a portion of the Common Shares (or other securities of or interests in the Issuer, including the Secured Exit Notes) beneficially owned by them in the public markets, in privately negotiated transactions or otherwise, and potentially entering into derivative or other transactions that increase or decrease the Reporting Persons' economic interest in or control over the Issuer.