United Cancer Council, Inc. - Page 8

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               As a result, during 1983 and 1984, petitioner and W&H                  
          discussed their possible entry into a fundraising contract.  As             
          of March 12, 1984, petitioner estimated it would have an                    
          operating deficit for 1984 of $13,000, without additional                   
          fundraising income.  In addition to providing the initial capital           
          to conduct petitioner’s direct mail fundraising campaign, W&H               
          offered to furnish funds with which petitioner could continue to            
          operate.                                                                    
               On June 11, 1984, petitioner and W&H entered into a “Full              
          Service Direct Response Fundraising Agreement” (hereinafter                 
          sometimes referred to as the Contract) for a term ending May 30,            
          1989.  As of the date the Contract was entered into, petitioner             
          was on the verge of insolvency; petitioner did not have money to            
          start a direct mail or other fundraising program on its own.  The           
          Contract was amended by an addendum on April 8-9, 1987.  Unless             
          the context indicates otherwise, references to the Contract are             
          to be taken as including both the Contract entered into in 1984             
          and the 1987 amendment.  The Contract expired in May 1989, and              
          was not renewed.                                                            
               In conjunction with the formation of the Contract, W&H                 
          agreed to advance money to petitioner in order to cover the                 
          initial costs of the mailings.  W&H also agreed to give to                  
          petitioner an immediate advance, or “draw”, against petitioner’s            
          projected future earnings from the Contract.                                






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