Exhibit 99
Joint Filer Information
Name: Merrill Lynch & Co., Inc.
Address: 4 World Financial Center
250 Vesey Street
New York, NY 10080
Designated Filer: Merrill Lynch, Pierce, Fenner & Smith Incorporated
Issuer and Ticker Symbol: Lodgian, Inc. (LDGIV)
Date of Event Requiring Statement: June 16, 2003
Signature:
Merrill Lynch & Co., Inc.
/s/ Michael LaMaina June 18, 2003
- ------------------------------------------------------
Michael LaMaina**
Attorney-in-Fact****
** Intentional misstatements or omissions of facts constitute Federal
Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a)
**** Executed pursuant to a Power of Attorney, dated November 17, 1995, a copy
of which is attached hereto as Exhibit A.
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Name and Address of Reporting Person: Merrill Lynch, Pierce, Fenner & Smith Incorporated
4 World Financial Center
250 Vesey Street
New York, NY 10080
Issuer and Ticker Symbol: Lodgian, Inc. (LDGIV)
Statement for: June 18, 2003
Exhibit A to Form 4
Power of Attorney
The undersigned, Merrill Lynch & Co., Inc. (the "Corporation"), a corporation
duly organized under the laws of Delaware, with its principal place of
business at World Financial Center, North Tower, 250 Vesey Street, New York,
New York 10281 does hereby make, constitute and appoint Richard B. Alsop,
Richard D. Kreuder, Andrea Lowenthal, Gregory T. Russo, or any individual from
time to time elected or appointed as secretary or an assistant secretary of
the Corporation, acting severally, each of whose address is Merrill Lynch &
Co., Inc., World Financial Center, North Tower, 250 Vesey Street, New York,
New York 10281, as its true and lawful attorneys-in-fact, for it and in its
name, place and stead (i) to execute on behalf of the Corporation and cause to
be filed and/or delivered, as required under Section 13(d) of the Securities
Exchange Act of 1934 (the "Act") and the regulations thereunder, any number,
as appropriate, of original, copies, or electronic filings of the Securities
and Exchange Commission Schedule 13D or Schedule 13G Beneficial Ownership
Reports (together with any amendments and joint filing agreements under Rule
13d-1(f)(1) of the Act, as may be required thereto) to be filed and/or
delivered with respect to any equity security (as defined in Rule 13d-1(d)
under the Act) beneficially owned by the undersigned and which must be
reported by the undersigned pursuant to Section 13(d) of the Act and the
regulations thereunder, (ii) to execute on behalf of the Corporation and cause
to be filed and/or delivered, any number, as appropriate, of original, copies
or electronic filings of any forms (including without limitation), Securities
and Exchange Commission Forms 3, 4 and 5) required to be filed pursuant to
Section 16(a) of the Act and the regulations thereunder, and (iii) generally
to take such other actions and perform such other things necessary to
effectuate the foregoing as fully in a all respects as if the undersigned
could do if personally present. This Power of Attorney shall remain in effect
until revoked, in writing, by the undersigned.
IN WITNESS WHEREOF, the undersigned has executed this Power of
Attorney, this 17th day of November 1995.
MERRILL LYNCH & CO., INC.
By: /s/ David H. Komansky
-----------------------------------
Name: David H. Komansky
Title: President and Chief Operating Officer
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Name and Address of Reporting Person: Merrill Lynch, Pierce, Fenner & Smith Incorporated
4 World Financial Center
250 Vesey Street
New York, NY 10080
Issuer and Ticker Symbol: Lodgian, Inc. (LDGIV)
Statement for: June 18, 2003
Exhibit B to Form 4
Power of Attorney
The undersigned, Merrill Lynch, Pierce, Fenner & Smith Incorporated (the
"Corporation"), a corporation duly organized under the laws of Delaware, with
its principal place of business at World Financial Center, North Tower, 2560
Vesey Street, New York, New York 10281 does hereby make, constitute and
appoint Richard B. Alsop, Richard D. Kreuder, Andrea Lowenthal, Gregory T.
Russo, or any individual from time to time elected or appointed as secretary
or an assistant secretary of the Corporation, acting severally, each of whose
address is Merrill Lynch & Co., Inc., World Financial Center, North Tower, 250
Vesey Street, New York, New York 10281, as its true and lawful
attorneys-in-fact, for it and in its name, place and stead (i) to execute on
behalf of the Corporation and cause to be filed and/or delivered, as required
under Section 13(d) of the Securities Exchange Act of 1934 (the "Act") and the
regulations thereunder, any number, as appropriate, of original, copies, or
electronic filings of the Securities and Exchange Commission Schedule 13D or
Schedule 13G Beneficial Ownership Reports (together with any amendments and
joint filing agreements under Rule 13d-1(f)(1) of the Act, as may be required
thereto) to be filed and/or delivered with respect to any equity security (as
defined in Rule 13d-1(d) under the Act) beneficially owned by the undersigned
and which must be reported by the undersigned pursuant to Section 13(d) of the
Act and the regulations thereunder, (ii) to execute on behalf of the
Corporation and cause to be filed and/or delivered, any number, as
appropriate, of original, copies or electronic filings of any forms (including
without limitation), Securities and Exchange Commission Forms 3, 4 and 5)
required to be filed pursuant to Section 16(a) of the Act and the regulations
thereunder, and (iii) generally to take such other actions and perform such
other things necessary to effectuate the foregoing as fully in a all respects
as if the undersigned could do if personally present. This Power of Attorney
shall remain in effect until revoked, in writing, by the undersigned.
IN WITNESS WHEREOF, the undersigned has executed this Power of
Attorney, this 25th day of February 1995.
MERRILL LYNCH, PIERCE, FENNER & SMITH
INCORPORATED
By: /s/ David H. Komansky
-----------------------------------
Name: David H. Komansky
Title: President and Chief Operating Officer
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