- 8 - The restructuring of the line of credit was undertaken on December 30, 1992. On that date, Huntington extended a $1 million revolving line of credit to petitioner personally (the Miller/Huntington Loan) on a full recourse basis. To evidence the indebtedness, petitioner personally executed a loan agreement, security agreement, and full recourse promissory note in favor of Huntington.5 On the same day, petitioner extended a $1 million revolving line of credit to MMS (the MMS/Miller Loan). To evidence the indebtedness, MMS executed a loan agreement, security agreement, and promissory note in favor of petitioner.6 Petitioner drew down $750,000 of his credit line under the Miller/Huntington Loan, lent it to MMS pursuant to the MMS/Miller Loan, and MMS in turn used the proceeds to pay the outstanding balance of the MMS/Huntington Loan. On its records, Huntington recorded the MMS/Huntington Loan as satisfied in full by virtue of a $750,000 principal payment on December 30, 1992. Both the Miller/Huntington and MMS/Miller Loans were due on December 31, 1993, and carried the same interest rate as the MMS/Huntington Loan (one-half point above Huntington's prime rate), with interest payable monthly and advance payments of principal permitted. The Miller/Huntington and MMS/Miller Loans 5 Unless otherwise indicated, reference to the Miller/Huntington Loan encompasses all three of these documents. 6 Unless otherwise indicated, reference to the MMS/Miller Loan encompasses all three of these documents.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