EX-99.12 2 b56403bkexv99w12.txt JOINT FILING AGREEMENT Exhibit A AGREEMENT REGARDING THE JOINT FILING OF AMENDMENT NO. 4 SCHEDULE 13D The undersigned hereby agree as follows: (1) Each of them is individually eligible to use Amendment No. 4 to Schedule 13D to which this Exhibit is attached, and such Amendment No. 4 to Schedule 13D is filed on behalf of each of them; and (2) Each of them is responsible for the timely filing of such Amendment No. 4 to Schedule 13D and any amendments thereto, and for the completeness and accuracy of such information concerning such person contained therein; but none of them is responsible for the completeness or accuracy of the information concerning the other persons making this filing, unless such person knows or has reason to believe that such information is inaccurate. Dated: August 18, 2005 BERKSHIRE FUND V, LIMITED PARTNERSHIP By: Fifth Berkshire Associates LLC, its General Partner BERKSHIRE FUND VI, LIMITED PARTNERSHIP By: Sixth Berkshire Associates LLC, its General Partner BERKSHIRE INVESTORS LLC BERKSHIRE PARTNERS LLC By: /s/Robert J. Small ----------------------------------- Name: Robert J. Small Title: Managing Director GREENBRIAR EQUITY FUND, L.P. By: Greenbriar Equity Capital, L.P., its general partner By: Greenbriar Holdings LLC, its general partner GREENBRIAR CO-INVESTMENT PARTNERS, L.P. By: Greenbriar Holdings LLC, its general partner GREENBRIAR EQUITY GROUP LLC By: /s/ Joel S. Beckman ----------------------------------- Name: Joel S. Beckman Title: Managing Member