- 13 - were to be deposited.13 Second, HJA, NBC, Henry, Abram, and Julius entered into an agreement dated August 27, 1990 (the sweep account agreement), which established the sweep account agreed upon in the side letter agreement. The sweep account agreement required HJA to deposit the covenant not to compete payments ($23,767 per month for 120 months) into the sweep account. It also required NBC to make specified disbursements of those deposited funds, including $7,999 per month to FirsTier and $6,393 per month to Chevrolet “until the obligation of HM is fully paid”.14 The remainder of the sweep account funds was to be paid to Henry and to the appropriate Federal, State, and city income tax agencies to satisfy Henry’s tax obligations resulting from the purchase of his stock and the covenant not to compete payments. 4. The Sweep Account Payments Pursuant to the EOA and the side letter agreement, HJA paid the option price to Henry and began to deposit the covenant not to compete payments into the sweep account. HJA continued to 13Henry and Esther attached the side letter agreement to their 1992 Federal income tax return. 14The monthly payment to FirsTier under the sweep account agreement equaled the monthly payment required by the FirsTier note signed by Henry and Esther in their individual capacities, as modified by the Apr. 5, 1990, term note. The monthly payment to Chevrolet under the sweep account agreement equaled the monthly payment Henry was required to make on the Chevrolet debt.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011