- 5 - the agreement for a period of 12 months after Ambassador's merchandise was installed.2 The agreement required Westpac to repay a pro rata portion of the $4,572,000 upfront cash payment and the initial inventory purchase credit if one of Westpac's member stores ceased operations. The contract defined the pro rata repayment obligation in terms of the percentage of the volume purchase commitment that remained unsatisfied at the time. On March 14, 1994, Westpac and Ambassador executed an addendum to their contract. The addendum increased Westpac's volume purchase obligation to $76,047,000. The addendum also called for Ambassador to pay Westpac (1) $1,225,000 to cover the cost of opening inventory in additional stores that became covered under the agreement and (2) $1,225,000 as an additional placement allowance. Ambassador, through its affiliate Hallmark Marketing Corp., made the combined $2,450,000 payment by check dated April 29, 1994. In March 1997, Westpac and Ambassador discussed the possibility of terminating their contract. In the course of these discussions, Ambassador prepared a letter setting forth the 2 This last credit provision was aimed primarily at the Save Mart stores which Ambassador anticipated would join the agreement at the conclusion of the preexisting contract between Save Mart and American Greetings Corp.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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