Erickson Post Acquisition, Inc. - Page 3

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          During 1996, petitioner remodeled the structure and completed               
          improvements to the exterior areas of the 60th Street property.             
               In early 1996, petitioner began exploring an arrangement               
          with a major brand oil company.  Mr. Zimmerman contacted                    
          representatives of Amoco and two other companies to solicit                 
          proposals for petitioner’s gas station at the 60th Street                   
          property.  Mr. Zimmerman received offers from all three.  In                
          evaluating the proposals by the three oil companies, Mr.                    
          Zimmerman considered the companies’ proposed up-front cash                  
          advances, equipment contributions, gallonage rebates, and brand             
          name strength.  Mr. Zimmerman selected Amoco because it offered             
          the most up-front money, and he believed that Amoco had the                 
          strongest brand recognition.                                                
               Amoco and petitioner entered into a dealer supply agreement            
          dated March 11, 1996, that provided for petitioner’s purchase and           
          sale of Amoco products at the 60th Street property for a 5-year             
          period commencing July 1, 1996, and ending June 30, 2001.  The              
          dealer supply agreement was accompanied by a number of other                
          documents that Amoco and petitioner executed on or about the same           
          date, including an equipment and sign loan agreement, a                     
          dealer/jobber credit card contract, an electronic dealer delivery           
          plan, an electronic authorization, an image leadership contract,            
          and a Clean Air Act rider.                                                  








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Last modified: May 25, 2011