- 7 - the costs of completion, but UPE did not have sufficient capital to finance the initial costs of labor and equipment. Under Stewart’s direction, petitioner requested and received three separate loans from Grocers and, in turn, petitioner advanced the proceeds to UPE. Grocers made each of its loans to petitioner with the knowledge that UPE would receive the proceeds. The loans were structured this way because of Grocers’ concerns about collateral and UPE’s ongoing ability to service the indebtedness. Petitioner did not attempt to obtain any of its loans from a source other than Grocers. In addition to the advances from petitioner, UPE obtained its own separate loan from Grocers. UPE did not attempt to obtain its loan from any source other than Grocers. On March 7, 1990, the first loan, in the amount of $250,000, was extended from Grocers to petitioner and was secured by petitioner’s inventory, cash, checks, and receivables. The loan was designated for UPE’s use as working capital. The proceeds, in turn, were advanced to UPE without promissory notes from UPE to petitioner. On August 30, 1990, UPE paid off the balance of the $250,000 loan from Grocers. Stewart was optimistic about UPE’s future, and he believed that the Formosa job would be a quick fix to UPE’s cashflow problems. UPE’s recurring losses and related problems caused Vernor and Busch to disagree with Stewart, and they were notPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011