- 8 - the repayment of any portion of the upfront payments received by Save Mart or Westpac, American Greetings calculated Westpac's repayment obligation at $406,243 on a prorated calendar basis. Westpac's internal correspondence reflected a repayment obligation of $512,500 based on the percentage of the volume purchase commitment it had satisfied. Accordingly, Westpac accepted American Greetings’ lower demand and paid American Greetings $406,243 by check dated September 28, 1995. The check stub contains a notation that the payment constitutes a “repayment of contract adv[ance]”. McCormick Contract On or about March 4, 1991, Westpac entered into an agreement with McCormick & Co., Inc. (McCormick), dated February 27, 1991, by which Westpac agreed to use McCormick as its “primary supplier” of spices, extracts, foil seasonings, mixes, gourmet spices, and cake decorations. In addition, Westpac agreed to purchase $50 million in McCormick products over an indefinite period. In consideration of Westpac's commitments, McCormick agreed to make a series of cash payments to Westpac and to supply Westpac with certain amounts of free products. In particular, McCormick agreed to pay Westpac $5 million4 and to provide 4 McCormick actually paid Westpac $4,801,000 during the 1991 taxable year.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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