- 7 - 3. Three computers 2,000 4. 30 percent of the proceeds from 2,800 Archer v. Houseman 5. PAYS’ covenant not to sue 37,739 (litigation settlement) Total 92,039 For petitioners’ calculation to be valid, petitioner’s stock in PAYS must have a value of at least $92,039, and the following provisions in the agreement must have no value or values that benefit the two parties to the agreement equally: (1) Petitioner’s agreement to pay the $25,000 deductible for professional liability claims payments, (2) petitioner’s covenant not to compete, (3) petitioner’s covenant not to sue, (4) petitioner’s agreement to indemnify PAYS for claims due to his departure, (5) petitioner’s agreement to return PAYS’ property not specifically given to him, (6) PAYS’ agreement to obtain release or indemnify petitioner with respect to the note to Chester Young, (7) PAYS’ agreement to indemnify petitioner against judgments in a pending lawsuit, (8) PAYS’ assignment of its collection contracts with Liberty and Trinity Counties to petitioner, and (9) PAYS’ release of petitioner from liability for the $100,000 line of credit. Petitioners did not establish that these items have no value or have offsetting values. Thus, it is impossible to calculate the value of PAYS’ covenant not to sue.3 3 Petitioners contend that petitioner’s stock was worth (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011