- 12 -12 On April 19, 1990, AlliedSignal, ASIC, Barber, and Dominguito formed ASA as a partnership under New York law. In April and May 1990, they transferred a total of $1,100,000,000 to ASA. The following chart delineates the amount of funds transferred by each partner: Percentage Amount Transferred to ASA Interest in ASA AlliedSignal $99,000,000 9 ASIC 11,000,000 1 Dominguito 594,000,000 54 Barber 396,000,000 36 The funds that Barber and Dominguito transferred to ASA had been borrowed from ABN pursuant to their respective revolving credit agreements. C. The Partnership Agreement On April 18, 1990, the partners executed the ASA partnership agreement. The partnership agreement did not incorporate the Bermuda Agreement but provided guidance in the following areas: Purpose: ASA would be organized: for the object and purpose of making investments in notes, bonds, debentures, and other interest bearing instruments, owning, managing and supervising such investments, sharing the profits and losses therefrom, and engaging in such activities necessarily incidental or ancillary thereto. The Partnership is also being organized to enable * * * [AlliedSignal and ASIC] to reduce their credit risk exposure on investments while obtaining a yield in excess of what they could obtain from U.S. treasury securities and to enable * * * [Barber and Dominguito] to earn a rate of return in excess of the rate available on direct investments in the securities which the Partnership plans to purchase.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011