- 6 - note (April 15, 1999 note)5 dated April 15, 1999, and payable to Super Rite that Super Rite also required of petitioner as a condition to Super Rite’s advancing $1.5 million to it. Pursuant to the April 16, 1999 supply agreement, petitioner agreed to purchase annually from Super Rite $16 million in products over a six-year period. The April 16, 1999 supply agreement provided in pertinent part: 1. Supply of Requirements; Certification. Throughout the term of this Agreement, Super Rite will be the principal wholesaler for all products purchased by the Retailer [petitioner] for sale in the Retailer’s stores that are located within the geographic area served by Super Rite. Throughout the term of this Agreement, the Retailer shall purchase at least $16,000,000.00 of product from Super Rite each year of this Agreement. * * * 2. Pricing and Payment Terms. During the term of this Agreement, product pricing, fees, billing and payment terms, returns and credits for products pur- chased, and other terms and conditions governing the sale of products hereunder shall be governed by Super Rite’s general policies and practices in effect from time to time. In addition, Retailer shall receive a private label incentive to be determined on the basis of Exhibit A attached hereto and further, Retailer fees for Grocery, Frozen and Dairy shall be in accordance with Exhibit B attached hereto.[6] The parties further agree that Retailer’s payment terms shall be seven (7) days. Failure by the Retailer to make payment to Super Rite of amounts due for the delivery of goods hereunder 5By using the term “April 15, 1999 note”, we do not intend to suggest that for tax purposes there was a loan by Super Rite to petitioner that was evidenced by that document. 6Prior to the April 16, 1999 supply agreement, Super Rite (1) did not provide petitioner with any incentives for private label purchases and (2) charged petitioner fees higher than those set forth in exhibit B attached to that supply agreement.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