Gerry M. Griggs - Page 17

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          would be used to pay, among other things, out-of-pocket costs of            
          the “Founding partners”; i.e., Equisource and Kirshner.  Thus,              
          obtaining interim financing was a precondition to petitioner’s              
          entitlement to reimbursement for his out-of-pocket expenses.                
               Petitioner did not establish that interim financing was                
          obtained, that Kirshner Global was formed, or that he became a              
          director on Kirshner Global’s board of directors.  While                    
          petitioner claimed that licensing, employment, and financial                
          advisory agreements were executed in connection with Kirshner               
          Global, there is no evidence that this came about.  Thus, the               
          Court cannot conclude that petitioner had a right of                        
          reimbursement through Kirshner Global for reimbursement of his              
          expenses.                                                                   
               The record shows that Kirshner Content had a more tangible             
          existence because it apparently obtained interim financing from             
          C&C Partners.  However, Kirshner Content, as well as petitioner,            
          Thurmond, and Licht, all became involved in a lawsuit after                 
          Kirshner Content defaulted on the promissory note.  Receipt of              
          the interim financing and the corporate default both occurred in            
          1996.  Kirshner Content does not appear to have been active after           
          that year other than to participate in various lawsuits.                    
          Petitioner’s witness, Thurmond, confirmed that the financing for            
          Kirshner Content had not been completed.  Moreover, there is no             








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