DHL Corporation and Subsidiaries - Page 122

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          DHLI/MNV at $400 to $600 million.  It valued the DHL trademark at           
          $100 to $200 million.                                                       
               The foreign investors initially understood that DHL owned              
          all rights in the DHL trademark throughout the world.  As their             
          due diligence progressed, however, they became aware of certain             
          inconsistencies, including the registrations of the DHL trademark           
          in DHLI’s name throughout the world.  The foreign investors never           
          resolved these inconsistencies concerning the DHL trademark.                
          Ultimately, it was agreed that, if the foreign investors                    
          exercised their stock purchase and trademark options, DHL would             
          transfer all its rights in the trademark, including those it may            
          have within and without the United States.                                  
               DHL’s lenders consented to a trademark option agreement, but           
          only on the conditions that:  (1) DHL would “receive full value             
          (as determined on an arms length-transaction basis) for the                 
          assets it transfers pursuant to * * * [that] Agreement”; (2) DHL            
          would receive at least $50 million as consideration for the DHL             
          trademark or as additional equity investments; and (3) DHL would            
          receive a 15-year royalty-free license to use the DHL trademark.            
          After the 15-year royalty-free period, DHL would have to pay .75            
          percent of its gross sales as a royalty for use of the DHL                  
          trademark.  In a communication dated as late as May 10, 1990,               
          DHL’s legal representative was representing to the lenders that             
          DHL owned the trademark and licensed it to DHLI.                            






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Last modified: May 25, 2011