UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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DWIGHT E. WININGER, On Behalf of |
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Case No.: C-97-1622 CW DECLARATION OF JEFFREY |
I, JEFFREY EVANS, DECLARE:
If called upon, I could and would competently testify to the following:
1. I am a Limited Partner in Synthetic Industries, L.P.
2. On October 14, 1997, I received a letter from Synthetic Industries, L.P., which was dated October 10, 1997 ("the October 10 letter"). Attached hereto as Exhibit A is a true and correct copy thereof.
3. A Proxy and a Withdrawal Election Agreement were enclosed with the October 10 Letter.
4. Attached hereto as Exhibit B is a true and correct copy of the Proxy which was enclosed with the October 10 Letter. The Proxy states, "IF THE PROPOSED PLAN IS APPROVED, SUCH APPROVAL WILL BIND ALL HOLDERS, AND ANY HOLDER WHO DOES NOT VOTE FOR THE PLAN WILL BE ISSUED COMMON STOCK IN THE DISSOLUTION AS DESCRIBED IN THE PROXY STATEMENT/PROSPECTUS."
5. Attached hereto as Exhibit C is a true and correct copy of the Withdrawal Election Agreement which was enclosed with the October 10 letter.
I declare under penalty of perjury that the foregoing is true and correct and that this Declaration was executed on October __, 1997 at _____________, ________________.
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