- 33 - making such a transfer. Contrary to what is suggested in the above letter agreement, as of December 1984, no net mailing revenues had yet been produced from either the prospect letter mailings or housefile letter mailings conducted. Only losses or relatively small amounts of net mailing revenues were produced by the housefile letter mailings up until June or July 1985. It was not until about July 1985, that the cumulative net revenue produced from housefile letter mailings began to somewhat approach the cumulative amount of funds W&H provided to meet petitioner’s operating expenses. Initially, some of the funds used to meet petitioner’s operating expenses were advanced by W&H to the Escrow Account. Also, W&H deferred receiving payment of its fees. Later, as the net revenue produced from mailings began to increase, W&H authorized and permitted petitioner to “draw” increasingly larger monthly amounts of funds from the Escrow Account to finance petitioner’s larger annual operating budgets. Up until about the execution on April 8-9, 1987, of an addendum to the Contract, petitioner was fully liable to repay the draws it had taken, to the extent the draws exceeded the 50 percent of cumulative housefile income guaranteed to petitioner under the Contract. The draws petitioner received were to be repaid within 6 months, regardless of the direct mailing campaign’s profitability. The events leading up to and culminating in the execution of the April 1987 addendum to the Contract are discussedPage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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