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(a reasonable estimate of the results cannot be made due to the reasons discussed in Part III.) -------------------------------------------------------------------------------- Astro Power, Inc.

30, 2003) (“Engagement Letter”) ....................................................................... [X] Yes [_] No If so, attach an explanation of the anticipated change, both narratively and quantitatively, and, if appropriate, state the reason why a reasonable estimate of the results cannot be made. A-189Case -cv-00469-JJF Document 13 Filed 12/12/2006 Page 193 of 201 to to an inquiry: overarching --- B.

A-14FORM 8-K 8-K 1 d8FORM 8-K Case -cv-00469-JJF Document 13 Filed 12/12/2006 Page 18 of 201 Page 1 of 5 SECURITIES AND EXCHANGE COMMISSION UNITED STATES Washington, DC 20549 FORM 8-K Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 CURRENT REPORT Date of Report (Date of earliest event reported) December 29, 2003 Astro Power, Inc (Exact name of registrant as specified in its charter) (State or other jurisdictions of Delaware incorporation) 231 Lake Drive, Newark, Delaware (Address of principal executive offices) 000-23657 (Commission file number) 51-0315860 (IRS Employer Identification No.) 19702 (Zip Code) Registrant’s telephone number, including area code: (302) 366-0400 300 Executive Drive Newark, Delaware 19702-3316 (Former address, if changed since last report) A-15FORM 8-K Page 2 of 5 Case -cv-00469-JJF Document 13 Filed 12/12/2006 Page 19 of 201 By letter dated December 23, 2003 and received by management on December 29, 2003, KPMG LLP (“KPMG”) advised the Item 4. Company “that the client-auditor relationship between Astro Power, Inc. On June 14, 2006 Lehman was retained to assist Radnor in assessing various alternatives for solving the liquidity crisis. It would follow that he saw no reason to inform Mr. The Committee focuses on the transition schedules developed by Mr. Taking into account the terms of the documents themselves, the facts and circumstances surrounding the making of the loans, the reasonable inferences to be drawn therefrom, as well as the economic reality of the circumstances, the Court concludes that, at the time of the transactions, the parties intended that the transactions were debt transactions and not equity.

A-13Page 3 of 3 Case -cv-00469-JJF Document 13 Filed 12/12/2006 Page 17 of 201 Date April 1, 2003 By /s/ Thomas J. VP & CFO INSTRUCTIONS: The form may be signed by an executive officer of the registrant or by any other duly authorized representative. Lehman's long term relationship with Radnor made it a logical choice for Mr.

----------------------------------------------------------- (Name of Registrant as Specified in Charter) has caused this notification to be signed on its behalf by the undersigned hereunto duly authorized. The Committee implies an impropriety in Page 9 prior of Lehman's Radnor's retention of Lehman Brothers in June 2006 because dealings with Tennenbaum.

Under Supreme Court personal jurisdiction jurisprudence, the facts were insufficient to establish personal jurisdiction over the Merrill Lynch Defendants.

Thus they did not purposely avail themselves of any business dealings in the United States or specifically direct any action to the Debtor in the United States.

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