- 38 - Your question is Will UCC be required to pay the escrow account back for this excess draw? According to the terms of the agreement, I suppose that technically you would have to do this. However, since W&H does have knowledge that these transfers are taking place, we currently have no objection to this in light of our hope that we can overcome the deficits. W&H would not request UCC to repay any overdraws unless we objected to a specific draw at the time it was taken or in the event that UCC would unreasonably interfere with W&H’s efforts to continue the mailing campaign to recover the deficits. The worst thing that could happen is that should the deficits continue to grow or can not be reduced, and if UCC substantially overdraws its 50% program allocation, it could become necessary to reduce the draws to bring them back into balance. Should we determine this situation to be developing, I would like for us to sit down well in advance of such time and create plans so that a reduction would not adversely impact UCC’s operation. After reviewing Watson’s October 23, 1986, letter, petitioner’s executive committee and executive director concluded that the letter was not satisfactory for petitioner’s purposes and did not relieve petitioner from having full recourse liability with respect to excess draws. Petitioner’s executive committee asked petitioner’s executive director “to contact * * * Watson to ask that he rewrite it [i.e., the October 23, 1986, letter] in time for our auditors review.” Watson sent a new letter to petitioner’s executive director on November 19, 1986. The November 19, 1986, letter is substantially the same as the October 23, 1986, letter, except asPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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