- 6 -6 be paid to petitioner and Weisel upon exercise of the option was $1 million each. Part of the consideration received by petitioner and Weisel for entering into the option agreement was the promise by the Tisch group to fund the Biomass lawsuit upon agreement being reached among the Tisch group, petitioner, and Weisel as to the strategy and approach to be followed in that litigation. Among the conditions precedent to the Tisch group’s exercise of its option under the option agreement was that Weisel be given the opportunity to enter into an agreement with Biomass providing Weisel the right to receive 7.5 percent of the gross recovery from the Biomass lawsuit. The option agreement also provided that, once the Tisch group exercised its option, petitioner would resign as managing general partner of Biomass and Weisel would resign as both a managing general partner and a general partner of Biomass. The Tisch group exercised its rights under the option agreement with respect to both petitioner and Weisel. After that exercise, in accordance with the option agreement, petitioner retained a 2.2-percent interest in Biomass that would become a 12.262-percent interest in Biomass after the 60th month of commercial operation of the cogeneration facility, and WeiselPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011