- 21 - To ensure that all of G�nther’s creditors benefited from the Actium sale, Flint directed G�nther to use 80 percent of the cash generated by the Actium sale to pay down G�nther’s guaranteed bank loans in proportion to their balances. The remaining cash was used to pay employee salaries, trade creditors, and tenant improvements. None of the sale proceeds were used to repay any part of the intercompany account balance owed by G�nther to petitioner. H. Petitioner’s Efforts To Dispose of G�nther Throughout the period following discovery of the Omega transaction and dismissal of G�nther's management, petitioner continued G�nther’s operations while seeking potential purchasers for G�nther and its product lines. Petitioner retained investment banks and brokers, but there was very little interest in G�nther. Before the purchase of G�nther by G�nther America, Inc. (GAI), during FYE May 31, 1994, discussed infra, only one offer to purchase G�nther was received. In March 1993, Celduc, one of G�nther's principal competitors, offered to purchase G�nther, if petitioner contributed cash of DM 20 million (approximately $12,050,000) and made guaranties and concessions worth several million dollars more. After unsuccessful efforts to negotiate a more favorable deal, petitioner ultimately 16(...continued) to approximately DM 8 million.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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