- 10 - subject to credits from actual production. The first two minimum annual royalty payments were to consist of a cash payment and a promissory note. All remaining payments were to consist of individual promissory notes. The first 3 notes were to be denoted as “recourse” notes, while the remaining 17 notes were to be considered “nonrecourse” notes. The first note was to be executed on the date the lease was created, and each subsequent note was to be delivered to JAD on the same date of each successive year. This payment pattern was to continue for the shorter of 20 years or the life of the lease. The following table depicts the manner in which the offering materials presented the discharge of the annual royalty payments: Source 1980 1981 1982 1983-99 Cash $750,000 $250,000 -- -- Recourse 9,250,200 9,750,000 $10,000,000 note Nonrecourse notes --- --- --- $10,000,000 (each) Total 10,000,000 10,000,000 10,000,000 170,000,000 The partnership agreement was structured such that the $29 million in notes issued by the limited partners to purchase the partnership units represented the limited partners’ personal liability for the first three annual notes of the partnership forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011