- 134 - in the case of MIT 80 and MIT 82, it would also owe accumulated but unpaid interest. Machise's burden would continue year after year, as its obligations to make multimillion-dollar payments to MIT 80, then to MIT 81, MIT 82, MIT 83, MIT 84, MIT 85, and MIT 86 became due, one after another. It is difficult to believe that Machise could survive such economic burdens--indeed, Machise appears to have collapsed even before its repayment obligations arose. If Machise did not survive, the parties would never recover their money, and as we have noted, matters could get even worse. If Machise failed, its creditors might attempt to collect on the partners’ notes to Machise. Fred would then need the termination agreements, or something like them, to cancel the partners' notes to Machise before its creditors could try to collect. Otherwise, as Fred feared, the investors might well be seriously displeased. We therefore believe that Fred planned for the termination agreements, or their equivalent, at the outset of his employee leasing programs. We recognize that Fred and Bruce provided the prospective investors with projected figures showing that, ideally, the partners stood to profit upon their investments in the partnerships. These profits would come in the form of accrued compensation fees and late charges. Fred has not provided any factual basis for assuming that these figures were realistic. The projections existed only in the abstract; they appear to be based only upon the hopeful notion that Machise would earn enoughPage: Previous 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 Next
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