- 14 - between March 29, 1997, and April 30, 2000, and July 31, 1997, and October 31, 2002, respectively, all of which followed the existing leases. It also provided that CFP had the right to receive rents on the K-Mart and Shared equipment during its master lease residual periods. The master lease rental payments due from CFP to EQ were equal to, coincided with, and were fully offset by the installments owed to CFP by EQ under the $14.125 million equipment purchase note. 5. On November 1, 1994, Johnson executed, on behalf of CMACM in its capacity as managing partner of CFP, a remarketing agreement with CLI (master remarketing agreement) providing that CLI would be the exclusive remarketing agent for the leased equipment for the period between the expiration of the K-Mart and Shared end-user leases and the expiration of the master lease. The master remarketing agreement provided that revenue and proceeds from the lease, sale, or disposition of the leased equipment would be applied in the following order: (1) Senior financing; (2) reimbursement of CLI’s expenses; (3) reimbursement of CFP’s (sublessor’s) expenses; (4) payment of a 5-percent fee to CLI; and (5) payment of any remainder to CFP (sublessor). The master remarketing agreement also provided that the sublessor (CFP) could terminate the agreement if, among other events, CLI ceased its remarketing activities, filed for bankruptcy, or failed to perform its obligations under the agreement. InPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011