Starwood 2008 Annual Report Download - page 24

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with respect to 11,372,688 Shares, shared voting over 909 Shares and sole dispositive power over
18,425,488 Shares.
(2) Based on information contained in a Schedule 13D/A, dated December 31, 2008 (the “SSE 13D”), filed with
respect to the Company. SSE has shared voting power and shared dispositive power over 14,750,000 Shares. On
December 29, 2008, the Company and SSE entered into a confidentiality agreement to facilitate the sharing of
information between the Company and SSE. Pursuant to the agreement, SSE agreed to restrictions on its use
and disclosure of the Company’s confidential information and limitations on its ability to effect a change in
control of the Company.
(3) Based on information contained in a Schedule 13G, dated February 13, 2009 (the “Harris 13G”), filed with
respect to the Company, Harris Associates L.P. (“Harris”) has been granted the power to vote Shares in
circumstances it determines to be appropriate in connection with assisting its advised clients to whom it renders
financial advice in the ordinary course of business, by either providing information or advice to the persons
having such power, or by exercising the power to vote. Harris has sole voting and sole dispositive power with
respect to 14,156,030 Shares.
(4) Based on information contained in a Schedule 13G/A, dated February 17, 2009 (the “FMR 13G”), filed with
respect to the Company, 12,568,601 Shares are held by Fidelity Management & Research Company
(“Fidelity”), a wholly-owned subsidiary of FMR LLC (“FMR”); 119,630 Shares are held by Pyramis Global
Advisors, LLC, an indirect wholly-owned subsidiary of FMR; 268,515 Shares are held by Pyramis Global
Advisors Trust Company, an indirect wholly-owned subsidiary of FMR; 211,270 Shares are held by Fidelity
International Limited, a foreign based entity that provides investment advisory and management services to
non-U.S. investment companies (“FIL”) and 258 Shares are held by Strategic Advisers, Inc., a registered
investment adviser and wholly owned subsidiary of FMR. According to the FMR Schedule 13G, FMR and
Edward C. Johnson 3rd, Chairman of FMR, each have sole dispositive power and sole voting power with respect
to 12,568,601. FIL has sole power to vote and direct the voting of 202,170 Shares, no power to vote or direct the
voting of 9,100 Shares and the sole dispositive power with respect to 211,270 Shares. Through ownership of
voting common stock and the execution of a certain stockholders’ voting agreement, members of the Edward C.
Johnson 3rd family may be deemed, under the Investment Company Act of 1940, to form a controlling group
with respect to FMR.
12