- 29 - On September 27, 1993, Mr. Snyder, Ms. Ortmann, and Mr. Trznadel flew to Minneapolis to meet with Messrs. Beadie and Steffen (NEFI’s attorneys) to discuss the “red-lined drafts” of the documents. During the meeting, Messrs. Beadie and Steffen provided CIG with their changes to the drafts. On September 27, 1993, Mr. Parmentier contributed $196,000 to the capital of Andantech (Mr. Parmentier borrowed the entire amount from Banque Internationale de Luxembourg), and Mr. de la Barre d’Erquelinnes contributed $4,000 to the capital of Andantech (the source of funds for Mr. de la Barre d’Erquelinnes’s capital contribution is not reflected in the record). Andantech retained N.V.O. Computerleasing B.V. (NVO), a Dutch corporation directed by Nicholas van Onselen, as its first manager.12 A Dutch corporation was chosen to avoid conducting any business activity in the United States or Belgium. The operating agreement of Andantech, dated September 28, 1993, provided for a priority return for Mr. de la Barre d’Erquelinnes (or his successor in interest). Specifically, the agreement provided that if, at the time of a distribution from the partnership, Mr. de la Barre d’Erquelinnes had made capital contribution other than his initial capital contribution of $4,000, then distributions were to be made first to him in an amount equal to his priority return (6 percent of his unreturned capital 12 In subsequent years, its managers were James Fetzer and Andrew Rupprecht, NEFI employees.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011