- 72 - C. TroMetro’s Purchases of SMP’s Receivables In 1997 and again in 1998, TroMetro purchased from SMP portions of the $974 million in receivables that Generale Bank had contributed to SMP in 1996. 1. First Note Purchase Agreement As of December 19, 1997, TroMetro and SMP entered into a note purchase agreement (the first note purchase agreement) in which TroMetro agreed to purchase “SMP’s right, title and interest in and to the $150,000,000 Note” (the $150 million receivable). The consideration for the $150 million receivable was: (i) A certified check of $230,000; and (ii) a promissory note that TroMetro executed in an unspecified amount. SMP agreed to deliver to TroMetro, at the closing of the transaction, a $150 million note endorsed by SMP and payable to the order of TroMetro. As of December 19, 1997, Mr. van Merkensteijn, as manager of TroMetro, executed an “Unsecured Promissory Note” payable to SMP in the amount of $2,284,000 (the $2,284,000 Trometro note) in connection with TroMetro’s purchase of the $150 million receivable. The terms of this note provided that interest would accrue at 7 percent per annum, that interest and principal would be fully amortized over 5 years, and that interest and principal payments would be due and payable in five equal annual installments beginning December 19, 1998.Page: Previous 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 Next
Last modified: May 25, 2011