- 6 - divorce, and the intent of the parties thereto “to settle their respective rights and obligations against and to one another”. After providing for the division of the parties’ real and personal property, the Settlement Agreement addressed “businesses” in which “The parties acknowledge that Husband and/or Wife have an interest”, including petitioner. The Settlement Agreement provided that Walter would transfer to Barbara one-half of his holdings of 80 percent of the outstanding stock of petitioner, subject to Barbara’s agreement to vote the stock as requested by Walter.2 The Settlement Agreement further provided that Walter was prohibited from transferring any assets of petitioner except in the ordinary course of business to a bona fide purchaser for value. In addition, the Settlement Agreement made specific reference to the Pension Agreement, as follows: (e) Walter S. Bandurski, Inc. has previously entered into a Non-Qualified Pension Agreement with Wife for past services, a copy of which is attached hereto as Exhibit “C”. The Pension Agreement provides Wife with a payment of $375.00 per week. Husband further agrees that the company shall provide Wife with the use of two automobiles of her choosing, together with reasonable and periodic replacements thereof no less than every three (3) years and also provide insurance on such automobiles, maintenance and gasoline and shall indemnify wife and pay for any increase in Federal or State income taxes resulting to her as a result of the provisions regarding such automobiles. Husband further agrees that the company shall provide 2 In this regard, the Settlement Agreement further provided that Walter’s voting requests had to be for a valid business purpose, with any disagreements on this point to be submitted to arbitration.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011