- 5 - from IBC for his guaranty. IBC sold KTAB TV 2 years later for about $16 million. On December 17, 1986, petitioner executed a guaranty agreement in favor of certain banks with respect to loans of $15 million to IBC. The banks were represented by National Westminster Bank USA (Natwest), as agent. The loans were made in connection with IBC’s acquisitions of the Harlem Globetrotters and the Ice Capades, Inc.5 The guaranty agreement states that “It is in the best interests of the undersigned [i.e., petitioner] that the Borrower, which is directly owned in part by the undersigned, be able to obtain the loans provided for in the Loan Agreement”. The minutes of the special meeting of the board of directors of IBC, held on February 13, 1987, describe the circumstances of the guaranty by petitioner and authorize payment of a guaranty fee: The Board then held a lengthy and detailed discussion of compensation for Thomas K. Scallen, President of the Corporation. The Board noted Mr. Scallen had personally guaranteed the Corporation’s $15,000,000 obligation to National Westminster Bank, USA (“Natwest”) incurred in the acquisition of The Harlem Globetrotters and Ice Capades and recognized that the duties and responsibilities had greatly increased as a direct result of these acquisitions. The importance of Mr. Scallen to the success of the Corporation has been indicated by the request for “key man insurance” by Natwest. The directors determined 5Petitioner coproduced and directed the Ice Capades. He traveled with the show and was actually on the ice floor with the performers during production. Petitioner’s son, Thomas M. Scallen, operated the Harlem Globetrotters.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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