- 16 - 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 noPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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