- 45 - long period of time without hurting their business or possibly going out of business. Petitioners were thinly capitalized and heavily leveraged during the years in issue largely because they borrowed large amounts from LIIBV before and during the years in issue. 2. Petitioners' Cash-Flow During the Years in Issue Petitioners' free cash-flow (earnings before interest, taxes, depreciation, and amortization (EBITDA) - capital expenditures (CAPEX)) for the years in issue17 was negative as follows: 1986 1987 1988 LTI ($63,490,919) ($351,973,233) ($109,555,409) LII ($3,177,391) ($294,312,141) ($67,858,322) On August 31, 1988, petitioners did not have enough free cash-flow to pay (a) principal and interest due on the LIIBV advances unless petitioners stopped buying other companies and reduced other capital expenses by 20 percent, and (b) principal due over 7 years even if they stopped making all capital expenditures. Petitioners and their companies did not have enough cash- flow during the years in issue to repay LIIBV's advances to them that are at issue here. LII had negative free cash-flows during the years in issue largely because it and its subsidiaries were expanding. Petitioners could not repay in installments or pay 17 LII's free cash-flow was a positive $3,888,281 for its 1985 fiscal year.Page: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
Last modified: May 25, 2011