- 13 - that Estes Co. was in a strong financial condition, and by the previous loan history between Estes Co. and the plan. He felt comfortable about the plan's making the loan because of the demand feature in the note and the Wells Fargo line of credit. When the loan was authorized, Mr. Shedd believed Estes Co. maintained a proper ratio of land held as inventory to land held for investment, a proper ratio of assets to liabilities, and a proper ratio of current assets to current liabilities. He believed that the demand feature provided sufficient liquidity for the loan. Mr. Shedd did not consult with counsel or with the plan's actuarial firm about making the loan before the plan lent the money to Estes Co. He would not have suggested the loan to Estes Co. had he suspected that it would not be repaid. When the loan was made, Mr. Shedd believed that Estes Co. was creditworthy. Mrs. Shedd concurred with Mr. Shedd's opinion that the loan would be a good investment for the plan. There was no connection with termination of petitioner's management contract with Estes Co. and the extension of the loan by the plan to Estes Co. During 1987, after speaking with the retirement portfolio department of Merrill Lynch & Co., Inc., Mr. Shedd asked Estes Co. to make periodic installment payments of principal on the loan so that the plan could diversify into other investments. Estes Co. orally agreed to make semiannual principal payments on the note in the amount of $250,000, commencing March 1988 andPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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