- 17 - self-serving and unconvincing. There was no appraisal of UPE’s inventory. The witnesses estimated the value on the basis, in great part, of a one-time brokered sale of two turbines for $14,500,000 in which UPE received a $450,000 fee. Petitioner has not shown that its inventory was similar to the example used by the witnesses. There is little in the record to show exactly the type of equipment in UPE’s inventory and/or that the equipment was in good working order. Significantly, UPE’s inventory was sold locally, only a few years later, for scrap. Grocers made one loan directly to UPE with its equipment as security. All other loans from Grocers went through petitioner. It is likely that Grocers would not lend more directly to UPE because of UPE’s lack of capital for security. The value of UPE’s inventory was, therefore, insufficient to provide security for a loan or improve UPE’s financial picture at the time of the advances. Accordingly, even if the inventory had been pledged by UPE as security for petitioner’s advances, it would have been insufficient to provide the security that a creditor would require. Without petitioner’s advances, UPE would have been unable to continue the salvage operations, purchase equipment, or perform under the Formosa contracts. UPE reported a loss during every year of its existence. Even after it began receiving progress payments from Formosa, UPE needed large infusions of capitalPage: 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