- 10 - trade show signs and flagging; local advertising and printing (including exhibitor manuals and show catalogues); relations with Expocentr; exhibition custom clearance; exhibition finance; and first night party for exhibitors in the Kremlin. Petitioner’s employees attended foreign trade shows and solicited exhibitors to participate in future trade shows. Petitioner’s employees also provided liaison between exhibitors and Crocus’s employees when exhibitors encountered problems. Foreign trade show fees received by petitioner were first used to reimburse petitioner and Crocus for their direct expenses and any overhead allocable to foreign trade shows. Post-December 31, 1994, Foreign Trade Shows On January 1, 1995, petitioner, Crocus, and MBL International (MBL) entered into a reciprocal royalty agreement (the royalty agreement) with E.C.I. Management Services, Ltd. (ECI), a nonresident Irish corporation.6 In his declaration in support of petitioner’s motion for summary judgment, Alexander 6There is no stipulation of fact or any other information in the record that identifies MBL. The royalty agreement does not specify what role Crocus or MBL would play in putting on trade shows or sharing trade show receipts and profits. Crocus’s and MBL’s only role in the royalty agreement was to agree to a debt offset provision. Article 4.7 of the royalty agreement recites that MBL and Crocus are each indebted to Comtek, that Comtek is indebted to ECI in the amounts set forth in Schedule A of the royalty agreement, and that ECI accepts the obligations of MBL and Crocus as “partial payment” of Comtek’s obligation to ECI. The stated Schedule A amounts of the debts of MBL and Crocus to Comtek, $3,791,183.80 and $1,576,574.42, respectively, exactly equal Comtek’s stated debt to ECI, $5,367,758.22.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011