- 40 - suggested by Haworth other than the provision to subordinate loans. It provided that LWSI or Transit would give LIIBV promissory notes and that the advances, which those notes represented, would be treated as if they had been made under the loan agreement. The second "as of September 1, 1986" agreement substituted a demand feature for a fixed maturity date. LIIBV did not require Transit, Tree, and LWSI to have a reserve or sinking fund to assure that they could repay the advances. The second "as of September 1, 1986" agreement governed all prior advances by LIIBV to Transit or LWSI. On July 7, 1987, LTI, Transit, LII, and LWSI signed new loan agreements with LIIBV. These agreements governed all advances made by LIIBV to Transit and LWSI before July 7, 1987. They included the same terms as the "as of September 1, 1986" agreements, except that (1) the July 7, 1987, agreements eliminated the demand feature from the previous loan agreements and established fixed terms with principal balances due September 1, 1989, unless the parties extended the due date by written agreement, and (2) the parties added some enforcement provisions, including an acceleration clause. LIIBV did not require a reserve or sinking fund to assure that petitioners would repay the advances.Page: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
Last modified: May 25, 2011