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connection with the dispute over approval of the 1994
Agreement.16
The conservator sought approval of the 1995 FSA, as well as
authority to effectuate its terms, from the district court. On
October 16, 1995, the court concluded that the 1995 FSA was in
decedent's best interest, approved it, and ordered that "the
Conservator is specifically authorized to perform such acts as
are necessary to effectuate the terms and conditions of the
Family Settlement Agreement"; i.e., the 1995 FSA.
The 1997 Agreements
In August 1997 the Rod Amlie Family reached an agreement
with FABG regarding the consideration they would accept for
decedent's FABG stock (including the Hill Rights) that the Family
would receive through bequest or purchase after her death
pursuant to the 1995 FSA. The price to be paid to the Rod Amlie
Family was $217.50 per share plus 4 percent per year after
February 28, 1998, compounded semiannually.17 FABG paid more for
decedent's FABG stock than it would have paid to other minority
shareholders in 1997 through 1999 because of the value FABG
assigned to the Hill Rights. Also, one of the principal reasons
16 It is undisputed that these amounts were paid in 1995 as
provided in the 1995 FSA.
17 The agreed price also included a comparable downward
adjustment in the event the stock transfer occurred before Feb.
28, 1998.
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