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EFTA01118417

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FTC Investments into DBZ 4/29/2002 10,000,000 8/30/2002 10,000,000 12/2/2002 30,000,000 6/2/2003 10,000,000 1/3/2005 20,000,000 Total 80,000,000 A) partnership agreement (Dated May 1,2003) see attached: can withdraw upon 120 days notice, at end of quarter ending at least 2 years after LP initial purchase and as of the second anniversary of that date thereof Based on this a notice given on 11/13/06 would be as of quarter endind March 31, 2007 . Therefore we should be entitled to 100% on March 31, 2008 8) partnership agreement (Dated May 1, 2005) see attached: can withdraw upon 120 days notice, at end of quarter ending at least 2 years after LP purchases such interest and as of the second anniversary of that date thereof ( for the investment after 1/1/05 it's a 3 year roll) --- See attached schedules from DB2 : 1) using value 9/30/06 $127,451,286 2) using value 12/31/06 $133,401,752 (note DBZ revised 12/31/06 value to $130,909,177 This is DBZ's claim. They claim that the roll is based on each capital contribution Look at para 9.6 - reduce withdrawal if more than 10% of partnerships assets , the GP can reduce withdrawals so only 10% is paid out. The unfulfilled amounts will be paid in the next withdrawal date, (in the 2003 agreement it was 20%) EFTA01118417

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