- 35 - Investment Memorandum Like the Tax Opinion, the Investment Memorandum relies upon the Appraisal's determination of the residual value of the equipment at the termination of the master leases even though the Appraisal does not provide such a value. For example, the Investment Memorandum states as follows: Based on the prices being paid for new and used data processing equipment and the terms of the end-user leases thereof, an appraisal by Communigraphics, Inc. which has been furnished by Seller projects that the Equipment will have value at the termination of the [Master] Leases more than sufficient to return to an investor his capital contribution to the Trust. * * * Similarly, the Investment Memorandum states as follows: Unitholders are urged to review the Appraisal attached hereto as Exhibit E, which concludes that the Equipment will have a market value of not less than 20% of cost at the end of the terms of the [Master] Leases. There is, how- ever, no assurance that such value will exist or be realized at that time. (See "Equipment Appraisal--Exhibit E".) These statements from the Investment Memorandum are obviously wrong and raise a red flag to any prudent investor reviewing the Investment Memorandum. The Investment Memorandum also relies upon the Appraisal for the proposition that the fair market value of the equipment in 1982 is equal to the price paid by thePage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
Last modified: May 25, 2011