Kim Soohyung sold BALY

Footnotes

A private investment vehicle managed by Standard General L.P. ("Standard General") transferred 623,875 shares of common stock of the Issuer to a third-party in repayment of approximately $11.5M owing under a promissory note held by the third-party.; These shares are beneficially owned by Standard General in its capacity as investment manager to private investment vehicles. Mr. Kim is a director of the general partner of the general partner of Standard General and Chief Investment Officer of Standard General, and in such capacities may be deemed to indirectly beneficially own the securities reported herein. Mr. Kim is also a director of the Issuer. Each of the Reporting Persons disclaims beneficial ownership of the shares reported herein except to the extent of its or his pecuniary interest in such shares, and the inclusion of such securities in this report shall not be deemed an admission of beneficial ownership for purposes of Section 16 or for any other purpose.