Estate of Emanuel Trompeter, Deceased, Robin Carol Trompeter Gonzalez and Janet Ilene Trompeter Polachek, Co-Executors - Page 79

                                        -78-                                          
          applicable dividend rate by that share’s liquidation value.50  As           
          of each December 31, the liquidation value of a share of series A           
          preferred stock equaled its face value ($1,000) plus all                    
          preferential dividends that had not been paid as of the most                
          recent January 15.  Thus, assuming as we did in Trompeter I that            
          the series A preferred stock was issued on March 15, 1989, the              
          liquidation values of each share of that stock on Dec. 31, 1989,            
          1990, 1991, 1992, 1993, 1994, and 1995 (assuming that the share             
          had not been redeemed, exchanged, or had dividends paid with                
          respect thereto) were $1,000, $1,071.8068, $1,170.9871,                     
          $1,302.4101, $1,512.0629, $1,701.0708, and $1,913.7047,                     
          respectively.  The following accrued dividends which were not               
          included in the liquidation value were also payable on each of              
          those shares as of those respective dates:  $67.7671, $94.2603,             
          $125.424, $156.1291, $181.2404, $203.8955, and $229.3824.  Thus,            
          as of December 31, 1993, 1994, and 1995, respectively, the                  




               50 The certificate of designation provides that “dividends             
          on each share of the Series A Preferred Stock * * * will accrue             
          on a daily basis at the rates per annum computed with respect to            
          the Redemption Price thereof” and that Sterling “will be                    
          obligated on the Redemption Date to pay to the holder * * * [of             
          each share to be redeemed] an amount in immediate available funds           
          equal to the Liquidation Value thereof (the “Redemption Price”).”           
          The certificate of designation also provides that “all dividends            
          which have accrued on each Share outstanding during the                     
          twelve-month period * * * ending upon each * * * [Jan. 15] will             
          be added to the Liquidation Value of such Share and will remain a           
          part thereof until such dividends are paid.”                                





Page:  Previous  68  69  70  71  72  73  74  75  76  77  78  79  80  81  82  83  84  85  86  87  Next

Last modified: May 25, 2011