- 4 - consisting of a $6,540,000 promissory note and $60,000 in cash. The closing of the offering was conditioned on SLA purchasing the film and entering into a distribution agreement. Under the “amended partnership agreement” (hereinafter the partnership agreement), the “term of the Partnership shall commence upon the recording of the Certificate of Limited Partnership.” The partnership agreement stated that SLA would not purchase the film unless subscriptions of $2,500,000 had been accepted. If the capital contributions of the limited partners were less than the total subscription amount, the general partner could accept contributions from other persons, “and such persons shall be admitted as Limited Partners”. The Subscription Agreement provided that the offering would terminate on the earliest of (1) the date the general partners in their sole discretion determined, or (2) the outside date, July 1, 1982. The general partners had the authority to extend the outside date to August 5, 1982. Under that agreement the limited partners, however, could waive any of the conditions in that agreement or in the Memorandum. On July 30, 1982, SLA filed a Certificate of Amendment of Certificate of Limited Partnership with the State of New York. The certificate listed the limited partners of SLA and the amount of their contributions. The certificate indicated that all 50 units had been purchased and listed contributions totalingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011