- 38 - Comdisco transactions had been prepaid in that timeframe. V. Sale of Comdisco Rents (Appendix D) On September 29, 1993, and October 13, 1993, Ms. Ortmann sent Mr. Beadie drafts of a “corrected lease receivable purchase agreement”. Mr. Beadie reviewed and made handwritten notations on these drafts. Michael Zehfuss is the manager for NationsBank in charge of Comdisco’s account. In October 1993, he began working on the transaction in which NationsBank was to purchase a portion of the rents payable under the lease by Comdisco to Andantech. NationsBank had established a credit limit (i.e., a limitation on the extension of credit) of $125 million for Comdisco. The proposed purchase of rents would have placed NationsBank’s exposure (without considering demand deposit overdrafts) at $138 million. Consequently, the transaction required the approval of numerous NationsBank officers. Because of logistical problems, final approval for the transaction was not given until October 27, 1993. NationsBank’s records show that the bank treated the transaction as a loan to Comdisco and anticipated prepayment by March 28, 1994. The bank’s records describe the transaction as follows: Comdisco has approached NationsBank to provide financing for a sale/leaseback transaction involving a lease receivable purchase with Comdisco as the obligor. The proposed structure is identical to two lease receivable purchases the Bank funded for Comdisco in September 1991 ($10MM related to Astropar L.P) and May 1992 ($35MM related to Compupar L.P.). Each of these transactions *Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
Last modified: May 25, 2011