- 5 - Neither Schall nor petitioner informed Hylland or Newell that petitioner was suffering from a physical injury or physical sickness as a result of the dispute. By the end of the meeting, those present had negotiated a document titled “Issues to be Resolved in Final Agreement”, which stated, in part: Upon effective closing of the contemplated Coast, Empire Energy, and SYN MLP transactions, NGC in resolution of all arrangements among NGC, SYN, and Empire Gas Corporation [EGC] would provide a cash payment of $20.0 million to Empire Gas and/or Paul S. Lindsey [petitioner]. In the event that Coast and Empire Energy acquisitions close and the MLP has not been effected by June 30, 1997 the cash payment in resolution of all arrangements shall be $15.0 million. The Termination Agreement On September 28, 1996, the dispute was resolved by the execution of a termination agreement. The termination agreement provided, in part: (e) NGC and Paul S. Lindsey, Jr. [petitioner] hereby agree that, in exchange for the written general release from Mr. Lindsey * * *, $2,000,000 of the Payment Amount shall be allocated to Mr. Lindsey, as the controlling shareholder of EGC, in settlement of his claims for tortious interference with contracts, for personal injury including injury to Mr. Lindsey’s personal and professional reputation and emotional distress, humiliation and embarrassment resulting from termination of the Synergy Acquisition documents, and Mr. Lindsey shall provide consulting services to NGC as the parties may agree * * * Petitioner or EGC proposed the split between petitioner and EGC of the $20 million settlement that was initially agreed upon onPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011