Basin Electric Power Cooperative - Page 5

                                        - 5 -                                         
          transferees and to lease the AVS unit II back from such trans-              
          feree(s).  In this connection, the 1984 lease and sublease                  
          allowed petitioner to sell, convey, assign, or otherwise transfer           
          to one or more transferees a percentage undivided interest in the           
          AVS unit II provided that, inter alia, any such transferee assume           
          a portion of petitioner’s obligation to pay the 1984 sublease               
          rent (i.e., to make payments when due of interest and principal             
          on the 1984 tax-exempt bonds) which was proportionate to the                
          percentage undivided interest in the AVS unit II that such                  
          transferee acquired from petitioner.  Pursuant to the 1984 lease            
          and sublease, if petitioner were to transfer in the aggregate 100           
          percent of its interest in the AVS unit II, petitioner was to be            
          released from its obligations under the 1984 lease and sublease             
          and the Basin Electric 1984 note.                                           
               Each of six unrelated entities (owner participants) wanted             
          to, and did, acquire from and lease back to petitioner a percent-           
          age undivided interest in the AVS unit II.  Those entities                  
          acquired in the aggregate 100 percent of petitioner’s interest in           
          that unit, and petitioner was released from its obligations under           
          the 1984 lease and sublease.  In order to effect each acquisition           
          and leaseback, on December 3, 1985, each of the six unrelated               
          entities, inter alia, established a grantor trust (grantor                  
          trust), which was materially identical to each of the other five            








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