- 42 - 2.5 Advancement. Prior to the time of execution [of this Appointment], my daughter, Tamma T. Hatten, * * * severed her financial ties with the True companies, and thus her potential inheritance has been fully satisfied during my lifetime. There is no current expectation by Tamma Hatten, her mother, or her brothers, that Jean True or any other member of the True family will make any further financial provision for Tamma or her family.17 E. Use of Similar Buy-Sell Agreements in All True Companies Except White Stallion; Amendments and Waivers The buy-sell agreements (and related amendments) used by the True family were substantially identical, except for White Stallion. In general, the partnership buy-sell agreements mirrored True Oil’s partnership agreement, and the corporate buy- sell agreements mirrored Belle Fourche’s Stockholders’ Restrictive Agreement. The buy-sell agreements were not tailored to the specific type of business or industry in which each True company operated, and they all shared the following attributes: (1) Transfer restrictions, (2) mandatory purchase and sale requirements, (3) book value purchase price formulas derived using the company’s customary accounting methods (tax basis), and (4) active participation (by owner or spouse) requirements. 17The only exception is the True Family Education Trust, created by Dave and Jean True in 1983 (before Tamma Hatten’s withdrawal) for the benefit of all the True children’s descendants. Dave and Jean True contributed to this trust, which is irrevocable, after their daughter’s withdrawal. Therefore, Tamma Hatten’s descendants have continued to derive financial benefits from this trust.Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
Last modified: May 25, 2011