-4- On May 31, 1991, SLC, the bank, and petitioners, as guarantors, entered into an agreement (the agreement) containing the terms and conditions of a structured workout concerning the repayment of the indebtedness to the bank. The agreement, in part, provides as follows: (1) SLC is to pay to the bank $1,100,000 (the payoff) on or before August 2, 1991 (the settlement date); (2) the bank will release its security interest in the remaining collateral upon payment of the payoff by the settlement date; and (3) after the payoff by the settlement date, the bank will refrain from exercising any remedies under the SLC note or petitioners’ guarantees if bankruptcy is not filed by or for SLC or petitioners, among others, voluntarily or involuntarily, within 400 days after the settlement date. SLC made the payoff by the settlement date, and the bank released its security interests in the remaining collateral of SLC. The other conditions of the agreement were met, and the bank, at the expiration of the 400-day period, released SLC from its liability as maker of the SLC note and petitioners from petitioners’ guarantees. At no time did the bank make any formal written request or formal written demand for payment from petitioners pursuant to petitioners’ guarantees.Page: 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