Abbott Open Records Letter Ruling OR2011

ATTORNEY GENERAL OF TEXAS
GREG ABBOTT

July 15, 2010

Mr. Timothy P. Wei

Assistant General Counsel

Teacher Retirement System of Texas

1000 Red River Street

Austin, Texas 78701-2698

OR2010-10478

Dear Mr. Wei:

You ask whether certain information is subject to required public disclosure under the Public Information Act (the "Act"), chapter 552 of the Government Code. Your request was assigned ID# 386677.

The Teacher Retirement System of Texas ("TRS") received a request for disclosure questionnaires relating to TRS's investment policies. You claim that most of the requested information is excepted from disclosure under section 552.143 of the Government Code. Although you take no position on the public availability of the rest of the requested information, you believe that the remaining information may implicate the interests of third parties.⁽¹⁾ You inform us that the third parties concerned were notified of the instant request for information and of their right to submit arguments to this office as to why the information should not be released. See Gov't Code з 552.305(d); Open Records Decision No. 542 (1990) (statutory predecessor to Gov't Code з 552.305 permitted governmental body to rely on interested third party to raise and explain applicability of exception to disclosure under certain circumstances). We received correspondence from attorneys for or representatives of AMB, Apax, Apollo, BlackRock, Brandes, Bridgepoint, Carlyle, Charterhouse, CIM, First Reserve, Gores, Knight, LaSalle, Lee, Lionstone, MacFarlane, Marathon, Morgan Creek, Nautic, New Enterprise, Squadron, Square Mile, Stratford, Teays, THL, Triton, Warburg, Westwood, and Willis.⁽²⁾ We have considered all of the submitted arguments and reviewed the submitted information.⁽³⁾

We understand some of the third parties to contend that some of the submitted information is not responsive to the instant request. We note that a governmental body that receives a request for information must make a good-faith effort to relate the request to any responsive information that is within its possession or control. See Open Records Decision No. 561 at 8-9 (1990). Thus, because TRS has submitted the information that it deems to be responsive to the instant request, we will address the public availability of all of the submitted information.

We also understand some of the third parties to contend that the information they provided to TRS is not subject to the Act. The Act is applicable to "public information," which is defined as consisting of

information that is collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business:

(1) by a governmental body; or

(2) for a governmental body and the governmental body owns the information or has a right of access to it.

Gov't Code з 552.002(a). Thus, virtually all of the information in a governmental body's physical possession constitutes public information and thus is subject to the Act. Id. з 552.002(a)(1); see Open Records Decision Nos. 549 at 4 (1990), 514 at 1-2 (1988). The Act also encompasses information that a governmental body does not physically possess, if the information is collected, assembled, or maintained for the governmental body, and the governmental body owns the information or has a right of access to it. Gov't Code з 552.002(a)(2); see Open Records Decision No. 462 at 4 (1987). In this instance, the submitted information was collected and is maintained by TRS in connection with the transaction of official business. The submitted information is therefore subject to the Act and must be released unless it falls within the scope of an exception to disclosure. See Gov't Code зз 552.002, .006, .021.

Some of the third parties also contend that it was expected or agreed that their information would be kept confidential. We note that information is not confidential under the Act simply because the party that submitted the information anticipated or requested confidentiality. See Indus. Found. v. Tex. Indus. Accident Bd., 540 S.W.2d 668, 677 (Tex. 1976). In other words, a governmental body cannot overrule or repeal provisions of the Act by agreement or contract. See Attorney General Opinion JM-672 (1987); Open Records Decision Nos. 541 at 3 (1990) ("[T]he obligations of a governmental body under [the Act] cannot be compromised simply by its decision to enter into a contract."), 203 at 1 (1978) (mere expectation of confidentiality by person supplying information did not satisfy requirements of statutory predecessor to Gov't Code з 552.110). Therefore, the submitted information must be released unless it falls within the scope of an exception to disclosure, notwithstanding any expectation or agreement to the contrary.

We next note that TRS did not submit some of the information at issue to this office within its fifteen-business-day deadline under section 552.301(e) of the Government Code. See Gov't Code з 552.301(a), (e)(1)(D). Therefore, that information is presumed to be subject to required public disclosure under section 552.302 of the Government Code. See id. з 552.302; Simmons v. Kuzmich, 166 S.W.3d 342, 350 (Tex. App.--Fort Worth 2005, no pet.); Hancock v. State Bd. of Ins., 797 S.W.2d 379, 381 (Tex. App.--Austin 1990, no writ). This statutory presumption can generally be overcome when information is confidential by law or third-party interests are at stake. In this instance, TRS seeks to withhold most of the information in question under section 552.143 of the Government Code, whose applicability can provide a compelling reason for non-disclosure under section 552.302. Moreover, third parties assert interests in the information in question. Accordingly, we will consider the claims of TRS and the third parties for all of the submitted information, including the information that was not timely submitted.

TRS states that some of the submitted information is subject to section 552.0225 of the Government Code. Section 552.0225(b) provides as follows:

(b) The following categories of information held by a governmental body relating to its investments are public information and not excepted from disclosure under [the Act]:

(1) the name of any fund or investment entity the governmental body is or has invested in;

(2) the date that a fund or investment entity described by Subdivision (1) was established;

(3) each date the governmental body invested in a fund or investment entity described by Subdivision (1);

(4) the amount of money, expressed in dollars, the governmental body has committed to a fund or investment entity;

(5) the amount of money, expressed in dollars, the governmental body is investing or has invested in any fund or investment entity;

(6) the total amount of money, expressed in dollars, the governmental body received from any fund or investment entity in connection with an investment;

(7) the internal rate of return or other standard used by a governmental body in connection with each fund or investment entity it is or has invested in and the date on which the return or other standard was calculated;

(8) the remaining value of any fund or investment entity the governmental body is or has invested in;

(9) the total amount of fees, including expenses, charges, and other compensation, assessed against the governmental body by, or paid by the governmental body to, any fund or investment entity or principal of any fund or investment entity in which the governmental body is or has invested;

(10) the names of the principals responsible for managing any fund or investment entity in which the governmental body is or has invested;

(11) each recusal filed by a member of the governing board in connection with a deliberation or action of the governmental body relating to an investment;

(12) a description of all of the types of businesses a governmental body is or has invested in through a fund or investment entity;

(13) the minutes and audio or video recordings of each open portion of a meeting of the governmental body at which an item described by this subsection was discussed;

(14) the governmental body's percentage ownership interest in a fund or investment entity the governmental body is or has invested in;

(15) any annual ethics disclosure report submitted to the governmental body by a fund or investment entity the governmental body is or has invested in; and

(16) the cash-on-cash return realized by the governmental body for a fund or investment entity the governmental body is or has invested in.

Gov't Code з 552.0225(b). TRS has highlighted a representative sample of two types of information that are contained in the questionnaires submitted as Exhibit 1, specifically, the fund names and the names of persons who signed the questionnaires at issue, that TRS deems to be subject to section 552.0225(b). We understand TRS to represent that these types of information are subject to sections 552.0225(b)(1) and (10), respectively. See id. We note that some of the third parties contend that section 552.0225(b) is not applicable to the names of the persons who signed the questionnaires. The question of whether section 552.0225(b) encompasses the types of information TRS has highlighted involves issues of fact. This office cannot resolve factual disputes in the opinion process. See Open Records Decision Nos. 592 at 2 (1991), 552 at 4 (1990), 435 at 4 (1986). Where fact issues cannot be resolved as a matter of law, we must rely on the facts that are represented to us by the governmental body in requesting our decision or upon those facts that are discernible from the information that was submitted for our review. See Open Records Decision No. 552 at 4 (1990). Therefore, based on TRS's representation that the types of information it has highlighted are subject to section 552.0225(b), we find that section 552.0225(b) is applicable to those types of information. We note that the exceptions to disclosure found in the Act do not apply to information that section 552.0225(b) makes public. See Open Records Decision Nos. 623 at 3 (1994), 525 at 3 (1989). We therefore conclude that the types of information TRS has highlighted must be released pursuant to section 552.0225(b) of the Government Code.

TRS contends that most of the remaining information at issue is excepted from disclosure under section 552.143 of the Government Code. Section 552.143 provides in part:

(a) All information prepared or provided by a private investment fund and held by a governmental body that is not listed in Section 552.0225(b) is confidential and excepted from [required public disclosure].

(b) Unless the information has been publicly released, pre-investment and post-investment diligence information, including reviews and analyses, prepared or maintained by a governmental body or a private investment fund is confidential and excepted from [required public disclosure], except to the extent it is subject to disclosure under Subsection (c).

Gov't Code з 552.143 (a)-(b). TRS states that it administers a pension trust fund under provisions of the constitution and statutes of the State of Texas. TRS explains that its board of trustees adopted an Investment Policy Statement (the "statement") to provide a formal plan for investing pension fund assets, in order to achieve defined investment objectives consistent with TRS's mission statement and applicable law. TRS informs us that effective July 1, 2009, the board adopted an addendum to the statement (the "addendum") subtitled "Political Contributions; Improper Influence; Placement Agents and Finders." TRS explains that the purpose of the addendum is to ensure the integrity of all TRS investment transactions and conformity with the highest fiduciary, ethical and legal standards by all parties involved. TRS states that the addendum requires potential investment managers, as early as reasonably possible in the due diligence process, to provide detailed, written responses to a questionnaire attached to the addendum (the "questionnaire"). TRS contends that section 552.143(a) is applicable to the remaining information in most of the questionnaires submitted as TRS's Exhibit 1. TRS states that the remaining information in most of those questionnaires was provided by private investment funds and is maintained by TRS. TRS also contends that section 552.143(b) is applicable to the remaining information in all of the questionnaires in Exhibit 1. TRS states that the remaining information in all of those questionnaires is used to ensure the integrity of its pre- and post-investment due diligence regarding TRS's investments and potential investments. TRS also states that the questionnaires in Exhibit 1 have not been publicly released. Based on these representations, we conclude that TRS must withhold the remaining information in the questionnaires in Exhibit 1 under section 552.143 of the Government Code.⁽⁴⁾

Next, we address the three questionnaires submitted as TRS's Exhibit 2. We note that TRS does not claim an exception to disclosure of the information in those questionnaires. TRS informs us that Townsend's questionnaire is being released, as Townsend does not object to its disclosure. With regard to the remaining questionnaires in Exhibit 2, we note that a third party is allowed ten business days from the date of its receipt of the governmental body's notice under section 552.305 of the Government Code to submit its reasons, if any, as to why information relating to the party should not be released. See id. з 552.305(d)(2)(B). As of the date of this decision, this office has received no correspondence from Altius and Hamilton, the third parties that completed those questionnaires. Thus, because neither Altius nor Hamilton has demonstrated that any of the information in their respective questionnaires is proprietary for the purposes of the Act, TRS may not withhold any of the information in question on the basis of any interest that either Altius or Hamilton may have in the information. See id. з 552.110(a)-(b); Open Records Decision Nos. 552 at 5 (1990), 661 at 5-6 (1999). Therefore, the remaining questionnaires in Exhibit 2 must be released.

In summary: (1) TRS must release the types of information in the questionnaires in Exhibit 1 that are subject to section 552.0225(b); and (2) TRS must withhold the rest of the information in the questionnaires in Exhibit 1 under section 552.143(b) of the Government Code. The rest of the submitted information must be released.

This letter ruling is limited to the particular information at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other information or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For more information concerning those rights and responsibilities, please visit our website at http://www.oag.state.tx.us/open/index_orl.php, or call the Office of the Attorney General's Open Government Hotline, toll free, at (877) 673-6839. Questions concerning the allowable charges for providing public information under the Act must be directed to the Cost Rules Administrator of the Office of the Attorney General, toll free, at (888) 672-6787.

Sincerely,

James W. Morris, III

Assistant Attorney General

Open Records Division

JWM/tp

Ref: ID# 386677

Enc: Submitted documents

c: Requestor

(w/o enclosures)

All Third Parties

(w/o enclosures)

Ms. Norene M. Lew

Coblentz, Patch, Duffy & Bass LLP

One Ferry Building, Suite 200

San Francisco, California 94111-4213

(w/o enclosures)

Mr. Patrick F. Thompson

Graves Dougherty Hearon & Moody

401 Congress Avenue, Suite 2200

Austin, Texas 78701

(w/o enclosures)

Ms. Adrienne Atkinson

Willkie Farr & Gallagher LLP

787 Seventh Avenue

New York, New York 10019-6099

(w/o enclosures)

BlackRock, Inc.

c/o Mr. Jason Bloom

Haynes Boone

2323 Victory Avenue, Suite 700

Dallas, Texas 75219

(w/o enclosures)

Mr. Ian N. Rose

Brandes Investment Partners, L.P.

P.O. Box 919048

San Diego, California 92191-9048

(w/o enclosures)

Ms. Nikki Grant

Bridgepoint Capital Limited

30 Warwick Street

London W1B 5AL

(w/o enclosures)

Mr. Nicholas V. Morosoff

CIM Group, L.P.

6922 Hollywood Boulevard

Los Angeles, California 90028-6117

(w/o enclosures)

Mr. Kevin T. Rover

Morgan, Lewis & Bockius LLP

101 Park Avenue

New York, New York 10178-0060

(w/o enclosures)

Mr. Jeffrey Ferguson

The Carlyle Group

1001 Pennsylvania Avenue, NW

Washington, D.C. 20004-2505

(w/o enclosures)

Mr. Duncan Aldred

Charterhouse Development Capital Limited

Warwick Court

Paternoster Square

London EC4M 7DX

(w/o enclosures)

Mr. Robert J. Gallagher

First Reserve Corporation

One Lafayette Place

Greenwich, Connecticut 06830

(w/o enclosures)

Mr. Steven G. Eisner

The Gores Group

10877 Wilshire Boulevard, 18^th Floor

Los Angeles, California 90024

(w/o enclosures)

Mr. Paul E. Gorman

Knight Vinke

489 Fifth Avenue

New York, New York 10017

(w/o enclosures)

Mr. Gordon G. Repp

LaSalle Investment Management

200 East Randolph Drive

Chicago, Illinois 60601

(w/o enclosures)

Mr. Joseph B. Rotberg

Lee Equity Partners, LLC

650 Madison Avenue

New York, New York 10022

(w/o enclosures)

Mr. John Enerson

The Lionstone Group

100 Waugh Drive, Suite 600

Houston, Texas 77007

(w/o enclosures)

Ms. Sylvia Melikian

MacFarlane Partners

201 Spear Street, 14^th Floor

San Francisco, California 94105

(w/o enclosures)

Mr. Andrew Rabinowitz

Marathon Asset Management

One Bryant Park, 38^th Floor

New York, New York 10036

(w/o enclosures)

Mr. Paulo J. Marnoto

Ropes & Gray LLP

One International Place

Boston, Massachusetts 02110-2624

(w/o enclosures)

Ms. Cynthia L. Balasco

Nautic Partners LLC

50 Kennedy Plaza

Providence, Rhode Island 02903

(w/o enclosures)

NEA 13 GP, LTD

New Enterprise Associates, Inc.

1954 Greenspring Drive, Suite 600

Timonium, Maryland 21093

(w/o enclosures)

Ms. Joyce Chiong

Squadron Emerging Asia Fund (Offshore), L.P.

46/F Cheung Kong Center

2 Queen's Road

Hong Kong

(w/o enclosures)

Mr. John S. Linger

Square Mile Capital Management LLC

450 Park Avenue

New York, New York 10022

(w/o enclosures)

Ms. Carolyn Rupprath

Winstead PC

401 Congress Avenue, Suite 2100

Austin, Texas 78701

(w/o enclosures)

Mr. Richard R. Halderman

Teays River Investments LLC

111 Congressional Boulevard, Suite 115

Carmel, Indiana 46032

(w/o enclosures)

Mr. Charles P. Holden

Thomas H. Lee Partners, L.P.

100 Federal Street

Boston, Massachusetts 02110

(w/o enclosures)

Ms. Julie K. Gerron

Westwood Holdings Group, Inc.

200 Crescent Court, Suite 1200

Dallas, Texas 75201

(w/o enclosures)

Mr. David Mills

Willis Stein & Partners, L.L.C.

One North Wacker Drive, Suite 4800

Chicago, Illinois 60606

(w/o enclosures)

Mr. Anand Parkeh

Alveska Group LLC

77 West Wacker, Suite 700

Chicago, Illinois 60601

(w/o enclosures)

Mr. Robert Bartowiak

D.E. Shaw Investment Management LLC

120 West 45^th Street, 39^th Floor

New York, New York 10036

(w/o enclosures)

Mr. Michael Lewkonia

D.E. Shaw Investment Management LLC

120 West 45^th Street, 39^th Floor

New York, New York 10036

(w/o enclosures)

Ms. Daria Natan

Fore Research and Management

280 Park Avenue, 43^rd Floor

New York, New York 10017

(w/o enclosures)

Ms. Mary Lynn Eubanks

GSO Capital Partners

280 Park Avenue, 11^th Floor

New York, New York 10017

(w/o enclosures)

Mr. Lofton Holder

Investcorp LLC

280 Park Avenue, 38^th Floor

New York, New York 10017

(w/o enclosures)

Ms. Ana Johnson

King Street Capital Management LP

65 East 55^th Street, 30^th Floor

New York, New York 10022

(w/o enclosures)

Mr. Andy Simpkin

Lansdowne Partners Limited

15 Davies Street

London W1K 3AG

(w/o enclosures)

Mr. Mark Smith

Northwest Investment Management Company

Kinwick Centre

32 Hollywood Road, Suites 2005-2006

Central Hong Kong

(w/o enclosures)

Mr. Patrick White

Stephens Investment Management Group

3700 Buffalo Speedway, Suite 900

Houston, Texas 77098

(w/o enclosures)

Mr. Alberto Fassinotti

The Rock Creek Group

1133 Connecticut Avenue NW, Suite 810

Washington, D.C. 20036

(w/o enclosures)

Mr. Casey Herren

Vaughan Nelson Investment Management

600 Travis, Suite 6300

Houston, Texas 77002

(w/o enclosures)

Mr. Sean Clifford

Zais Group LLC

The Galleria, Building Three

2 Bridge Avenue, 2^nd Floor

Redbank, New Jersey 07701

(w/o enclosures)

Mr. Jim O'Brien

Cantillon Capital Management LLC

40 West 57^th Street, 27^th Floor

New York, New York 10019

(w/o enclosures)

Mr. Doug Keith

GMO, LLC

40 Rowes Wharf

Boston, Massachusetts 02110

(w/o enclosures)

Mr. Joseph Carrabes

Jennison Associates

466 Lexington Avenue

New York, New York 10017

(w/o enclosures)

Ms. Amy Morse

Wellington Capital Management

75 State Street

Boston, Massachusetts 02109

(w/o enclosures)

Mr. James Hannigan

Willkie Farr & Gallagher LLP

787 Seventh Avenue

New York, New York 10019

(w/o enclosures)

Ms. Johanna Reineke

Advent International

111 Buckingham Palace Road

London UK SW1W 0SR

(w/o enclosures)

Mr. David MacWhorter

AEW Capital Management

World Trade Center East, 2 Seaport Lane

Boston MA 02210

(w/o enclosures)

Ms. Pamela Herbst

AEW Capital Management

World Trade Center East, 2 Seaport Lane

Boston MA 02210

(w/o enclosures)

Ms. Patricia Desquesnes

Alpha Group

49 Avenue Hoche, F-75008

Paris France 75002

(w/o enclosures)

Mr. Eric Press

Alterna Capital Partners

15 River Road, Suite 320

Wilton CT 06897-4057

(w/o enclosures)

Mr. Harry Toll

Alterna Capital Partners

15 River Road, Suite 320

Wilton CT 06897-4057

(w/o enclosures)

Mr. Robert Bransfield

AMB Property Corporation

Pier 1, Bay 1

San Francisco CA 94111

(w/o enclosures)

Mr. Emilio Voli

Apax Partners

33 Jermyn Street

London UK SW1Y 6DN

(w/o enclosures)

Mr. Leon Black

Apollo Management

9 West 57th Street

New York NY 10019

(w/o enclosures)

Ms. Stephanie Drescher

Apollo Management

9 West 57th Street

New York NY 10019

(w/o enclosures)

Mr. Anthony Ang

ARA

6 Temasek Boulevard, Suntec Tower Four, #16-02

Singapore 038986

(w/o enclosures)

Mr. Alexander Wolfman

Avenue Capital Group

535 Madison Avenue

New York NY 10022

(w/o enclosures)

Mr. Bear Richard Albright

Bain Capital

111 Huntington Avenue

Boston MA 02119

(w/o enclosures)

Mr. Stephen Pagliuca

Bain Capital

111 Huntington Avenue

Boston MA 02119

(w/o enclosures)

Mr. Stephen Kelly

BlackRock Private Equity Partners

40 East 52 Street

New York NY 10022

(w/o enclosures)

Mr. Barry Ziering

BlackRock Realty

300 Campus Drive

Florham Park NJ 07932

(w/o enclosures)

Mr. Peter McNally

BlackRock Realty

300 Campus Drive

Florham Park NJ 07932

(w/o enclosures)

Mr. Obie McKenzie

BlackRock Realty

40 East 52 Street

New York NY 10022

(w/o enclosures)

Mr. Tom Scibetta

Blackstone Group

345 Park Avenue

New York NY 10154

(w/o enclosures)

Mr. Ken Whitney

Blackstone Group

345 Park Avenue

New York NY 10154

(w/o enclosures)

Mr. Chad Pike

Blackstone Group

40 Berkeley Square

London UK W1J 5AL

(w/o enclosures)

Mr. Michael Casey

Blackstone Group

345 Park Avenue

New York NY 10154

(w/o enclosures)

Mr. William Jackson

Bridgepoint Capital

30 Warwick Street

London UK W1B 5AL

(w/o enclosures)

Mr. John Barber

Bridgepoint Capital

30 Warwick Street

London UK W1B 5AL

(w/o enclosures)

Mr. Alex Jesset

Camden Property Trust

3 Greenway Plaza, Suite 1300

Houston TX 77046

(w/o enclosures)

Mr. Piers Dennison

Candover

20 Old Bailey

London UK EC4M 7LN

(w/o enclosures)

Ms. Lynne LoVasco

Canyon Capital

2000 Avenue of the Stars, 11th Floor

Los Angeles CA 90067

(w/o enclosures)

Mr. Robert Fabiszewski

Capmark

116 Welsh Road

Horsham PA 19044

(w/o enclosures)

Ms. Jacqueline Brady

Capmark

630 West Gernmantown Pike, Suite 300

Plymouth Meeting PA 19462

(w/o enclosures)

Mr. Martin Alston

Capri

875 North Michigan Ave

Chicago IL 03430

(w/o enclosures)

Mr. Jim McGee

Carlyle Group

520 Madison Avenue

New York NY 10022

(w/o enclosures)

Mr. Robert Stuckey

Carlyle Group

1001 Pennsylvancia Avenue, NY

Washington DC 20004

(w/o enclosures)

Mr. Vance Maddocks

CBRE

515 South Flower Street, 31st Floor

Los Angeles CA 90071

(w/o enclosures)

Mr. Seth Plattus

Cerberus Capital Management

299 Park Avenue, 22nd Floor

New York NY 10171

(w/o enclosures)

Mr. Duncan Aldred

Charterhouse Group

5 Paternoster Square

London UK EC 4M 7DX

(w/o enclosures)

Mr. Gordon Bonnyman

Charterhouse Group

5 Paternoster Square

London UK EC 4M 7DX

(w/o enclosures)

Ms. Lanhee Yung

CIM Group

6922 Hollywood Blvd, Suite 900

Los Angeles CA 90028

(w/o enclosures)

Mr. Nick Morosoff

CIM Group

6922 Hollywood Blvd, Suite 900

Los Angeles CA 90028

(w/o enclosures)

Mr. Roger Orf

Citigroup

Ground Floor Stirling Square 5-7 Carlton Gardens

London UK SW1Y5AD

(w/o enclosures)

Mr. Thomas Franco

Clayton Dubilier and Rice

375 Park Avenue, 18th Floor

New York NY 10152

(w/o enclosures)

Ms. Angel Li

CLSA Capital Partners

18/F, One Pacific Place, 88 Queensway

Hong Kong

(w/o enclosures)

Mr. Kevin Traenkle

Colony Capital

2450 Broadway, 6th Floor

Santa Monica CA 90404

(w/o enclosures)

Mr. Scott Hamner

Credit Suisse-First Boston

Eleven Madison Avenue, 16th Floor

New York NY 10010-3629

(w/o enclosures)

Mr. Michael Arpey

Credit Suisse-First Boston

Eleven Madison Avenue, 16th Floor

New York NY 10010-3630

(w/o enclosures)

Mr. Barry Volpert

Crestview Advisors

667 Madison Avenue, 10th Floor

New York NY 10021

(w/o enclosures)

Mr. Marc St John

CVC Capital Partners

111 Strand

London UK WC2R 0AG

(w/o enclosures)

Mr. Bobby Haier Jr

EnCap Investments

1100 Louisiana, Suite 3150

Houston TX 77002

(w/o enclosures)

Ms. Cathleen Ellsworth

First Reserve Corporation

One Lafayette Place

Greenwich CT 06830

(w/o enclosures)

Mr. Mark Florian

First Reserve Corporation

One Lafayette Place

Greenwich CT 06830

(w/o enclosures)

Ms. Michelle Muniz

First Reserve Corporation

One Lafayette Place

Greenwich CT 06830

(w/o enclosures)

Mr. James Glasgow Jr

Five Mile Capital Partners

Three Stamford Plaza, 9th Floor

Stamford CT 66901

(w/o enclosures)

Ms. Caroline McBride

Forum Partners

1700 E. Putnam, Suite 205

Old Greenwich CT 06870-1366

(w/o enclosures)

Mr. Scott Honour

Gores Group

10877 Wilshire Boulevard, 18th Floor

Los Angeles CA 90024

(w/o enclosures)

Ms. Annie Chau

Gores Group

10877 Wilshire Boulevard

Los Angeles CA 90024

(w/o enclosures)

Ms. Katherine Sandstrom

Heitman Capital Management

191 North Wacker Drive, Ste 2500

Chicago IL 60606

(w/o enclosures)

Ms. Susanna Daniels

Hellman and Friedman

One Maritime Plaza, 12 Floor

San Francisco CA 94111

(w/o enclosures)

Mr. Craig Donaldson

HgCapital

2 More London Riverside

London UK SE1 2AP

(w/o enclosures)

Ms. Kathy Barry

Highland Capital Partners

92 Hayden Avenue

Lexington MA 02421

(w/o enclosures)

Mr. Max Swango

Invesco Real Estate