- 4 - Under the terms of the lease, Four A retained title to the equipment. During 1993, Four A and Black Mountain entered into a new agreement concerning the equipment referred to by the parties as a "Promissory Note and Agreement" (the agreement). According to the terms of the agreement, Four A granted, sold, and conveyed all of its right, title, and interest in and to the equipment to Black Mountain. Four A retained a security interest in the equipment as protection against nonpayment by Black Mountain. The agreement required Black Mountain to pay a total purchase price of $445,000 for the equipment. The purchase price was to be paid monthly out of Black Mountain's production at a rate of 17 cents per ton of coal produced in the preceding month. The agreement also provided that if Black Mountain failed to make production payments, then the entire indebtedness became immediately due and payable. In such event, Black Mountain could retain the equipment by paying the balance of the debt. If Black Mountain chose not to pay the remaining balance, it was required to return the equipment to Four A. The agreement provided that the debt was nonrecourse. In late 1995 or early 1996, Black Mountain ceased making production payments and surrendered the equipment to Four A. The equipment was ultimately sold to a third party.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011