- 21 - regarded or treated as “repayments” of any debt obligation, but rather simply as a process of placing all of the cash receipts of each of petitioner's related restaurants and corporate entities into a single cash pot for purposes of cash management, credit enhancement, and payment of bills. Such transfers into the account were contingent on the amount of cash receipts received from sales, a feature not typically associated with the payment of genuine debt obligations. In its brief, petitioner refers to the "ebb and flow" of funds into and out of the Intercompany bank account. Such "ebb and flow" in the transfer of cash between petitioner's related entities reflected the mere management of funds and cash-flow and an apparently efficient way for Peoplefeeders to move funds between itself and related entities, not the establishment of genuine debt obligations. Because of the absence of fixed maturity dates and repayment terms associated with the payment out of the Intercompany bank account of Peoplefeeders’ expenses and loan payments, Square Pan had no means of establishing Peoplefeeders' default and no basis for seeking to enforce repayment of alleged debt principal or payment of interest. The evidence does not indicate that Square Pan ever requested repayment from Peoplefeeders of the purported $3,751,930 debt obligation, and in the minutes of Square Pan'sPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011