- 6 - aircraft. CATCO and CAC did not consider the economic realities of the transaction to be those of a lease, and no provision was made for the fair rental value of the aircraft, which was $60,000 per month per aircraft. CATCO and American entered the lease agreement on June 8, 1990. American actually paid $1,000 in rent for all 36 aircraft. CATCO did not pay the first installment payment due September 1, 1992. SPELI notified CATCO by telephone and by letter that CATCO was in default and demanded payment of the principal, interest, and late charges then due. CATCO continued to look for potential buyers or lessees for the aircraft. During that time, the U.S. Postal Service awarded a contract to Postal Air, Inc. (Postal Air). CATCO and Postal Air entered into a sales agreement in which Postal Air agreed to purchase 16 of the 36 aircraft from CATCO for a total purchase price of $17,600,000. The day after CATCO signed the contract with Postal Air, Emery Worldwide Airlines, Inc. (Emery), sought and was granted a preliminary injunction preventing Postal Air and the U.S. Postal Service from performing their contract. The litigation between Emery and Postal Air was settled in March 1993. As part of the settlement, Emery agreed to assist Postal Air in meeting its obligations to CATCO. The settlement agreement, dated March 28, 1993, required Emery to purchase eight aircraft from CATCO for a total purchase price of $8,800,000 andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011