- 42 - The order in the Cook County Lawsuit vacating this portion of the arbitration award remained on appeal until Indeck and Mr. Polsky agreed as part of the Settlement Agreement to dismiss the appeal. Two months after the arbitration award was vacated, Mr. Polsky commenced the Lake County Lawsuit, wherein he maintained his contention that, due to his wrongful termination, he was owed the value of his shares as of June 1, 1993 (i.e., not the value determined by third-party offers received during the year following his September 1990 termination). He claimed the amount due him for his shares under this theory was not less than $55 million. Moreover, he advanced claims premised upon the higher ($750,000 per share) offer received from CMS Generation for Indeck’s outstanding shares on August 6, 1991, which had not been presented to the arbitrator. Indeck, for its part, maintained its position that the amount it owed Mr. Polsky for his shares depended upon their net book value as provided in the Shareholders’ Agreement, since no bona fide offers for Indeck’s shares had been received within the requisite period provided in the agreement. Thus, during the more than 3-year period that Indeck claims interest was accruing on a $15,030,000 indebtedness due January 31, 1991, the parties were in fact vigorously disputing the 18(...continued) modified. Id. at 5/11, 5/12, 5/13.Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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