- 8 - to the undisputed intent of representatives of petitioner and of Procesos. This fact and the requirements relating to the use of the pesos reflect the transaction negotiated and bargained for by the parties -- by petitioner, by Procesos, and by the Mexican Government. In the present case, where petitioner negotiated for a principal amount of a recognized currency in order to invest that currency in a specific project, we do not believe that the terms, requirements, and limitations set forth in the final negotiated agreement regarding use of the currency (which simply reflect and conform to the original and continuing purpose and objective of the transaction -- namely, to invest the currency in a specific project) should be regarded as restricting or discounting the fair market value of the currency that is then made available under the agreement. The restrictions relating to petitioner's and to Procesos' access and use of the Mexican pesos and to certain class B stock in Procesos were consistent with the overall purpose and objective of each party to the transaction. They were consistent with the business objectives of each party. In our judgment, as we stated in our prior opinion, they were not significantly different from restrictions commonly placed by financial institutions on loan proceeds and on startup companies in disbursing loan proceeds relating to construction loans or project financing.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011