- 489 - The recourse provisions were determined without giving effect to the deferral provisions. Under the limited recourse promissory note and security agreement, the leased equipment could be replaced with other equipment not initially secured by the note. Under the limited recourse provision of the long-term note, the seller looked solely to the collateral for payment by the buyer, other than the buyer's recourse obligation described earlier. On December 31, 1980, IRA provided a letter to FS regarding the offsetting of payments made under the promissory notes and the leases. IRA directed FS to deduct from the monthly rent payments owed to IRA an amount equal to the note payments owed by IRA to Horizon and that FS pay the deducted amount directly to Horizon for the account of IRA. With respect to the IRA/Horizon purported purchase agreement, FS delivered the collateral assignment of leases dated December 31, 1980, to IRA. An agreement of lease between IRA and FS was executed on December 31, 1980. In addition, a remarketing agreement by and between IRA and FS was consummated. With respect to the IRA/Horizon leasing transaction, the total cash investment of IRA was to be $2,044,264. The total rent due FSC was $1,978,323.79, resulting in a loss of $65,940.21. As of January 1986, the residual value of the equipment subject to the sale and leaseback was zero.Page: Previous 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 Next
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