- 5 - the dates. Paragraph 6.6B provided: B. The parties contemplate that there shall be to each of them, as shareholders in * * * [WLI and SCC], distributions, from time to time, that will otherwise be effectuated pursuant to the articles and bylaws of the subject corporations, as well as Florida law. In that regard, the Husband hereby personally guarantees to the Wife, the following distributions on or before the time hereinafter provided * * * The dates and amounts of the distributions provided as part of Mr. Hoffman’s guaranty obligation were as follows: Date Amount 12/31/1994 $100,000 12/31/1996 250,000 12/31/1998 300,000 12/31/2000 400,000 12/31/2002 500,000 12/31/2004 450,000 Total 2,000,000 The remainder of paragraph 6.6B provided: The parties’ current relationship as shareholders of * * * [SCC and WLI] as well as the current financing relationships with the Bank of Boston authorize and contemplate distributions to the shareholders for the purpose of paying income taxes on undistributed, taxable income to the shareholders. None of the foregoing guaranteed distribuitions [sic] shall be deemed to be reduced by any distributions to the shareholders made solely for the purpose of paying federal income taxes due upon undistributed, taxable income to said shareholders from the Subchapter S corporations. It is the intention of this paragraph that the Husband shall personally guarantee to the Wife, the distributions as set forth above from the corporations, on a cumulative basis, on or before the dates indicated. In the event such distributions are not made pursuant to the aforementioned paragraph consistent with the articles and bylaws of the applicable corporations, then Husband shall be personally obligated to pay the aforementioned funds to the Wife, on or before the dates above. In the event that the Husband is required to personally fund suchPage: 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