- 5 - Debenture Percent of Debenture Holders Funds Total Debenture Funds Lothar Schweigert $ 687,000 51.35 Robert TeSelle 149,000 11.14 Jan Strand 90,500 6.77 William Maffit 90,500 6.77 Chris Rakhshan 90,500 6.77 Paul Stevenson 115,000 8.60 Bernard Kliska* 115,000 8.60 $1,337,500 100.00 * Bernard Kliska is the father of Daniel Kliska, a shareholder of petitioner. The written debenture notes, executed on August 1, 1993, provided a 10-year schedule over which petitioner was to repay the debenture holders the debenture funds and over which petitioner was to pay the debenture holders amounts designated as interest on the debenture funds, with the final payment due and payable on June 15, 2003. For the first 5 years of the debenture notes, designated interest only was due and payable at the end of the second, third, fourth, and fifth years at a stated interest rate of 6 percent per year.1 For the second 5 years of the debenture notes, principal and designated interest payments were due and payable in equal monthly installments with a stated interest rate of 1 percent above the prime rate of interest as reported by the Wall Street Journal. Payments due on the debenture notes were not dependent upon the profits or losses of petitioner. Priority of payment on the 1 The debenture notes executed in favor of Schweigert, TeSelle, Stevenson, and Kliska provided for a partial repayment of principal at the end of the fifth year.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011